The Sun. — London, England, 1835-05-07 00:00:00

SPIRIT OF THE PUBLIC JOURNALS. As we anticipated the defeat of Lord John Rus sel in South Devon, from the moment that we heard of an opponent upon Protestant principles being in the field, we are not surprised at the result. It would have much surprised us, indeed, had it been the other way ; but we confess we were not prepared to hear of his Lordship being defeated by so overwhelming a ma jority. Nothing but a strong re-action of public feel ing against their late Representative, on account of dangerous and degrading coalition with the party of the Irish Agitator, whose aim and object is the over throw of the Protestant Constitution, could have led to this decisive rejection. The electors of Devonshire have not forgotten that their forefathers rallied round the standard of Protestant liberties, in the memor able crisis of 1688. The Whigs of that day were the supporters of those principles by which this em pire was saved from arbitrary power, and the intole rable dominion of the Church of Rome ; and though the Whigs of the present day have deserted the prin ciples for which Latimer and Ridley perished at the stake, and Lord Russell on the scaffold, the men of Devon have not. They support the same prin ciples for which their ancestors contended, which are consecrated in the Bill of Rights, and constitute the foundation of the Act of Settlement which placed the House of Brunswick on the Throne. Friendly, as we are, to religious toleration in its largest sense, we cannot believe that to be a spirit of liberality which encourages the struggles for ascendancy in a system that silences reason by an assumption of infallible power, and, bv'prohibiting the use of the Scriptures to the people, shuts up the living fountains of Christian civilization. Wishing for the religious and moral education of the people—that species of education which improves - the heart while it corrects the errors of the understanding--wishing, we say, to see generally diffused that sort of wholesome and Christian educa tion, we cannot assent to the Whig policy which would despoil a Church that commands and exhorts the people to read the Scriptures, for the benefit of a religious system which forbids the use of the Scriptures to the people, and makes the history of revealed religion a sealed book. None are more anxious than ourselves for the reform of all proved abuses in the Established Church ; of that we have given abundant proofs. We have never advocated the existence of religious sinecures, but have zealously recommended their extirpation. We would have no man paid out of the sacred fund which is to provide religious teachers and religious knowledge for the people, but actual labourers in the vineyard. We have repeatedly written against the abuses which exist in the English Church and in the Irish branch of the Establishment. We did so before the Reform Bill was in existence, and when many who are now ultra-re formers, and who would rather destroy than renovate, rather discountenanced than encouraged such reforms. Having for years past contended for the abolition of pluralities--like most of the abuses of our Church, a Papal invention—the suppression of sinecures and the practice of holding livings in commendam— also Papal contrivances, we saw our wishes about to be realised by the large and sub stantial measure of Church Reform proposed by Sir Robert Peel. But the unprincipled coalition of Lord John Russell with the Repeal Agitator, for the gratification of a selfish ambition, has, as yet, de piived the country of the benefits of that great mea sure, as well as interrupted the progress of many other measures of reform, framed upon constitutional prin ciples, and calculated, by purifying our institutions from their abuses, to preserve their stability. It is vain to assert that the monstrous coalition which led to the displacement of the late Ministry has not alarmed whatever of sober good sense and constitutional feel ing exists in the country. The Whigs have had some disagreeable proofs of this already, and they will have mote before the close of the present Session of Parlia ment, which, in consequence of the selfish proceedings, has been hitherto a Parliament assembled for any thing but the " despatch of business." As to the result of the North Essex election, the Whig-Radical journals said it was no proof of any re-action, because, although the Conservative candidate was elected by an immense majority, he only succeeded another Con servative. Not so in South Devon ; a Whig has been displaced for a Conservative—a Whig did we say ? the leader of the Whigs—the champion of the Church. spoliation project--the leader, according to his own ac count, of the largest Opposition that ever was com bined against the Ministers of the Crown. Ay, say the Whig-Radical journals, but this was effected by influence, by intimidation, and all sorts of unfair means. But had not the Tories all the same means in their power, and were they not as well disposed to use them —nay, were they not charged with using them when Lord John Russell stood a former contested election for the same division of the county, subsequently to the passing of the Reform Bill, and was he not chosen by a triumphant majority ? Why is he rejected by a larger majority now ?_ Not because he is a Reformer, we assert, but because he has passed the limits of Re form for the sake of power—because he has leagued himself with the enemies of the Church and of the Con stitution, which, with all their faults, are still endeared to the feelings of a large majority of Englishmen bygreat and glorious recollections—by recollections which can not fail to exercise a great moral and political influence until history is forgotten and patriotism extinguished. The re-action, then, is not against Reform—against safe, temperate, and constitutional Reform—but it is against Whi gg i sm , acting un d er t h e di ctat i on of de structive and Papal influence--it is against Whiggism, opposed to the principles of the Constitution of 1688— it is against Whiggism speaking under the inspiration of Mr. O'Connell. Such is the nature of the re action which has so signally thrown the leader of the late Whig-Radical Opposition out of the representa tion of South Devon, to seek the protection of some Whig nomination borough, or go into Parliament, ac cording to " Mr. Bulwer's French model," as recom mended in the Ministerial Paper, a Member of the national representation, relieved from the unpleasantness of representing any constituency. As to the compara tive independence of the two parties in Devonshire, let us just see how that stands. In our report from the scene of action was the following description, by an im partial eye-witness :—" The appearance of the supporters of the Conservative candidate afforded a most favourable specimen of the class from whom he received his sup port, and formed a striking contrast both in numbers and aspect to the adherents of Lord John Russell, who, without any disparagement, certainly did not pre sent the same indication of substantial independence by which the friends of Mr. Parker were distin guished. Some of the Noble Lord's partisans, however, have evinced an intention of making up by tumult and violence the deficiency which they labour under in point of station and influence." The real influence which has defeated Lord John Russell is the influence of that feeling which was ex pressed the other day in the address to the King, not from the Tory but the Reform party in Tamworth, when they said " sincere friends to efficient yet tempe rate reform, but determinately opposed to spoliation, we are compelled to view the proposed measure (fos tered as it is by the portentous influence of persons whom oaths have proved too weak to bind) as tending to disunite the British empire, by sapping the founda tions and the strength of the united Church." " Mind ful of those great Protestant principles, for the main tenance of which the House of Hanover was called to the sovereignty of these realms, we earnestly implore your Majesty to withhold your sanction from any mea sure which may be devised for the appli ca ti on o f t h e f un d s of the Ch urc h to secular purposes, or the propagation of any other than the Protestant religion as by law esta blished." Such are the sentiments or an address which emanated from those electors of Tamworth, who have always been consistent and unflinching reformers--and it is the feeling which inspired such sentiments that ejected Lord John Russell from the representation of South Devon.—Morning Herald. The men of Devonshire having proved themselves worthy descendants of their brave and pious Protes tant ancestors, it is now our duty, as far as lies in our power, to direct every energy to ensure success in the W es t Riding of the great and influential county of York. The contest in the West Riding is to be viewed with the most careful and scrutinizing conside ration. First, because of the immense number of the Constituency, there being between eighteen and nine teen thousand registered voters. Secondly, because this district is the stronghold of the political Dissen ters, and of the great millowners, who, on almost every occasion, unite against the proprietors of the soil of England. Thirdly, because the Reform Bill enfranchising Sheffield, Huddersfield, Halifax, Leeds, and Bradford, and giving two additional Members to the county, produced so strong a predilection in those important towns, and adjacent districts, in favour of the Whig Government, that, before the present crisis, any attempt at opposition to the sit ting Member, Lord Morpeth, would have been considered little better than the result of a disor dered imagination. How, then, does it happen that in three short months, since the last election, a storm has arisen in Yorkshire that has shaken the stronghold of its most popular Member ; and threatens even to drive Lord Morpeth fairly out of the county ? There is only one answer that can be given to this important question. It is that which was given in the admirable resolutions of the Wakefield meeting. The change has been produced by the factious Opposition of Lord Morpeth since the assembling of Parliament, and the utter abhorrence entertained by Yorkshiremen of the idea that their Representative should degenerate into a mere tool—and, above all, into a tool of O'Connell's faction—to assist in destroying the Protestant institu tions of the country. Mr. Wortley is comparative') unknown in Yorkshire ; but he has won golden opi nions in every town he has visited ; and the old and steady friends of Lord Wharncliffe have been forcibly reminded of that Noble Lord's firmness and intelli gence by the intrepidity and quickness displayed by his son. The contest will, however, be a stormy one. We learn from Doncaster that the Liberals, as they are called, have already had recourse to the arguments of " brickbats and bludgeons," which on some former occasions were so convincing and conclusive. Yester day was the day of nomination at Wakefield, when the Irish linen-weavers of Barnsley will doubtless have been reinforced by the stuff-weavers from Leeds. In Barnsley there are nearly two thousand of this class of persons, and in Leeds about five thousand, who will vociferate, " Morpeth and Reform," " Down with the tithes," " Justice in Ireland," and similar well arranged ejaculations. Very strong precautions for the preservation of th e p eace w ill evidently be required. We understand that several hundred special constables were sworn in on Monday at Wakefield, and that the troops at the Leeds Barracks received strict orders to hold themselves in readiness. Probably before this meets the eye of the reader, accounts may have reached the metropolis, of the great majority of the Liberal candidate on the show of hands at Wakefield. We shall probably also hear of gross interruptions to Mr. Wortley, and of cheers, ad nauseam, for Lord Morpeth. But we can as sure our readers, in sober truth, that this will be worth very little as a criterion of public opinion in the West Riding of the county of York. Leeds may very properly be called, as it generally is called, the Metropolis of the North ; concentrating, as it does, such an amount of commercial and agricultural wealth. But it far exceeds London itself in electioneering vio: lence and trickery. It will scarcely be credited, yet such is absolutely the fact, that two or three sections of the Leeds Political Union, under men of congenial spirit and desperate fortunes, have, on many political occasions of importance, been drilled and marched from their respective rooms, to encourage some speakers by concerted ejaculations, and to prevent others from be ing heard at all. The leaders have conspicuous places preserved for them at the meeting, while their dupes and tools behold their signals and respond to their eja culations, which, in the " Liberal" newspapers, are ostentatiously paraded as the voice of the assembled pub lic. The respectable constituency of the West Riding have long viewed with scorn these preconcerted exhibi tions ; but such is the force and organization of the bodies in question, that quiet and peaceable members of society generally shrink from attendance at a Leeds political meeting. These actors will now, doubtless, be conveyed to Wakefield, as they were in 1832, at the great meeting there. Then, however, they had it all their own way. A late shopman of Mr. Carlile, of Newgate notoriety, but now a schoolmaster, under the patronage of a great mill-owner, revelled in all the glory of mob supremacy. After this worthy followed another of the same class, known by the designation of the Bible-roaster, from an insult he had offered to the sacred volume, heading a second division of "liberal and enlightened electors." Then came (his horse, as well as himself, bedizened with orange ribbons), the Secretary of the Political Union leading his troop, to vociferate according to the instructions they had received from the head-quarters of the " Liberal " Committee. Thanks, however, to the native good sense of York shiremen, the time for these exhibitions is fast passing away. That a revival would be attempted at Wake field, yesterday, there is no doubt, after the proceed. ings at Doncaster. Our readers must not, therefore, be surprised at the accounts of " the majority at 'Wake field," of " cheers," of " immense cheering," of " indescribable cheering" for Lord Morpeth ; nor at " groans," ". deep groans," " hisses," " down with him," " we wont have him," for Mr. Wortley ; but patiently abide the result of the poll, when we hope and expect that the men of the West Riding of Yorkshire will show themselves not inferior to their countrymen in Devonshire in energy and zeal. The gentlemen of Yorkshire, who are now really bestir ring. themselves in the good cause, possess a vast supe riority in wealth—in talent—and in character over their opponents, and their courage and perseverance are unquestionable.—Morning Post. The fact of Lord John Russell's expulsion from Devonshire being now no longer a subject of specula tion, it may be as well to consider two or three contem porary circumstances in their bearing upon the proba ble fortunes of the Ministry. The Whigs have never looked beyond their own party, of which a very few individual men, not principles, have been during the last age the rallying points, and of which the connecting bonds, during the same period, have been mainly, until 1831, opposition to the Executive Government, and the assumed name of " Whig." There was a great deal of self-deceitful honesty in this party. Its leaders flattered themselves that there was really something of talismanic influence upholding them and emanating from them. They fancied that some traditions from the Revo lution downwards, and some others attaching popularity to Whiggism, because of its supposed merits in resisting (though from no other motive but because it teas in opposition) the vast expenses and consequent taxes rendered necessary by the long war with France,—it fancied, we say, that such traditions and recollections had given to Whiggery, as to an independent and sub stantial existence, a solid ascendancy over the mind of the British nation, that it was loved for its own sake apart from its performances, and that all it wanted to establish and perpetuate its own power was the re moval of certain bars to the expression of the na tional wishes, which were presented by the state of our representative system prior to the late " Reform Bill." The Reform Bill was framed in the certainty that its result would be the destruction of the Tory (since calling itself Conservative) party, and that whatever hold upon the Government of the realm was immediately lost through it to the Tories, would be permanently transferred to the Whigs. The authors of the change, we are thoroughly satisfied, did not contemplate any possibility of a resuscitation of the Conservative ____ ......-- party, much less did th e y s p ecu l ate on any troublesome growth or intrusion of that third party which has become so formidable,--we mean the party of the Radicals, or the indefinite and incessant movement party, which seems to be characterized by no other doctrine than that the greatest possible amount of innovation, tending to the broadest and most un disguised democracy, is the greatest possible good. Had the Whigs foreseen this issue of their proper loins, they never would have wedded themselves to a sweeping Parliamentary " reform." But they were blind, as they always have been, to everything save the immediate triumph over a visible and hated rival ; so the weight of their victot% has crushed them. They are dethroned and devoured by their own monstrous p rogeny. W hatever portion of the constituency was monarchical in spirit, or alive to the use and value of an aristocratic power in the direction of a great people, has gradually, even within two short years, been drifting towards the Con servative interest. Whatever was changeful or specu lative in its tendencies has leaped over Whiggism, and lighted on Radicalism. The old wax tapers of Devon shire-house, and Burlington-house, and Holland-house, at once the school-rooms and show-rooms of ancient Whiggery, .are all extinguished by the new gas light of Republicanism. Whiggery is attenuated to a pitiable skeleton. Conservatism has doubled, we believed more than trebled, in bulk, and swollen a hundred times in confidence and courage. The revolu tionary force has risen, though in a far less proportion on the ruins of the Whig, but is an exotic which will not thrive amongst us. The heart of the nation is with monarchy, property, and an established church. Whiggism, which has no principle but that of keeping Whiggism in office, has no lien on the attachment of Englishmen, Irishmen, or Scotchmen. Neither Court, nor aristocracy, nor gentry, nor the middle classes, nor the classes which live by manual labour, have one particle of sympathy with Whigs. The Conservatives are associated in the mind of the country with its most venerated institutions. The Whigs as a body are now divorced from them, and what seems remarkable with respect to a set of politi cians so long candidates for popular favour and for official power, there is not a single man of the whole party now in office who enjoys at this moment the slightest atom of public confidence, or upon whom, at an hour of need, any sect, or description of persons, or :c :ruing individual among the King's subjects, would think of calling for relief unLr a national emergency, or for protection against danger. This, we say, is an unexampled state of things. There is nothing like it in English history—a Government formed but of no thing—leaning upon nothing—kept from falling pros trate by the hope that one enemy will lend it a shoulder on the right side, another enemy on the left, and thus retain it in a sort of tremulous equilibrium, by succes sive violences in opposite directions. There never, we repeat again, has been a British Ministry whose own especial force consisted of not more than half the nu merical strength of one great hostile power, and not more than three-fourths of another, inferior like wise to both in average ability, as well as in num bers. Can such an Administration stand ? We be lieve it cannot. It is plain that the Constituency of the kingdom, wherever they have an opportunity of speaking their sentiments, are of opinion that it ought not. It is plain, that if the Whigs had any sound footing in the country, they would not have experienced the mortifying defeats which have be tided them at so many and such important English elections. Lord Palmerston, since the beginning of this year, has been rejected by Hampshire. Mr. Grant has ceased to be Mr. Grant, because he durst not va cate his seat for Inverness, and risk a new appeal to his constituents, who are now positively returning a Conservative for that county. Lord John Russell, the father or man-midwife of the Reform Bill—the leader of the House of Commons—the known leader, also (and this is very remarkable), of the movement or self-called popular portion of the Cabinet—has been thrown out of Devonshire by a large majority— above 600, in less than 7,000 electors ; and this with the Treasury at his back, and the patronage of the Home Department in his pocket, and in a coun ty where the Fortescue interests, and the Bedford interests, and one or two other great Whig interests, possess extraordinary power, and have enforced it by little scrupulous means. Why is all this ? It is be cause Whiggery is a disliked and a declining aaribute of any Minister. It is disliked for itself, being a selfish and factious name. It is despised for its condition, being the tool and slave of Popery, of Irish Popery, of anti-English Popery, of the vulgar ruffianism of civil war, having for its end the utter subversion of religious and political freedom. The hatred in which these evil principles are held throughout the kingdom has shown itself by the result of the elections above alluded to. But what if further evidence should be adduced ?—what if the magnificent 'West Riding of Yorkshire, with its thriving and wide-spreading agriculture, and its indefa tigable, intelligent, prosperous, and illimitable commerce, what if this vast portion, this prominent example of the manicoloured greatness of England, should fling defiance in the face of the Whig Cabinet, by preferring Mr. Wortley to Lord Morpeth as its representative ? What then ? Would the nation then be silent upon such a 'testimony to the actual downfall of the Whigs ? Would the nation, we say, endure a Government, so spurned in the persons of its most conspicuous Mem bers ? Again, we believe not. Lord Melbourne needs not such a proof that he stands in a position false, unbecoming, and untenable. His Lordship knows it well. The consciousness of his own weak ness thrills through every fibre. But others must then be convinced however unwillingly, and the Noble Viscount, by taking that decisive step, wherein he obeys the impulses of his own manly judgment, will have the comfort of feeling at the same time that he satisfies the most rigid mandates of party honour in the minds of all reasonable men. With O'Connell for his only ally, he can make but small fight against the English Conservatives, backed by the English people ; but with the Conservatives and the people for his allies, he may well treat O'Connell and his machinations with scorn.— Times. It is not in the compass ,of thought or language to furnish so indisputable a proof of the necessity of the Ballot, as is to be found in the management and result of the South Devon election. A decided majority of the electors had given distinct promises of support to Lord John Russell; but held in terrorenz by their landlords through fear of expulsion—seduced by bri bery—or intimidated by threats of persecution, they forfeited their pledges, and either held back from the poll altogether, or were marshalled by the esquires and the parsons to the support of a mere stripling, having no claim whatever to their suffrages, save as the tool of a party anxious to revenge their expulsion from office on a man who inherits the love of civil and religious liberty, as a birthright from ancestors who have struggled and bled in the cause of England's free dom. It is in vain that the elective franchise has been extended if voters be not protected in its exercise.— The Ballot offers the only means of security. It is futile to assert that secret voting militates against the independent spirit which should distinguish free men—because it serves as a shield from the revenge of a malignant aristocracy. The rejection of Lord John Russell can afford the Tories but little cause for ex ultation ; their triumph will be temporary ; its most certain consequence will be to stimulate the country to a more determined exertion to defeat the future ma chinations of its enemies. To gain this isolated vic tory the Tories were obliged to employ all the vile machinery which their ill-gotten wealth ena bled them to put in action. All the other Mi nisters have as yet been re-elected ; whereas, when the Tories appealed to the country, eleven of their Cabinet were ignominiously defeated. Yet they still had the insolent assurance to assert that they had the confidence of the country I The general re sult of the present elections must teach them a diffe rent lesson ; their party is disarmed of its venom, and in future their thinned ranks may be expected to pre sent an opposition, not vexatious, but wholesome in its consequence of keeping the Ministry in closer con nection with the people, as the only basis of a stable support. Still we must be watchful, and the first ob ject should be to secure the freedom of elections. The Ballot ! the Ballot is the thing. When the fair work ing of the Reform Bill will be guaranteed by this neces sary appendage, the smile which now plays on the face of the Tories will be changed to the sardonic grin which occasionally marks the death-bed strug g l e .— Morning Advertiser. The Tories, through their organs the Conservative Journals, are boasting greatly of the result of the De vonshire election. We do not begrudge them the so-2u consolation which they can derive from this source for the successful icturn of twelve Ministerial can- didates in other parts of the kingdom. But it may he doubted whether it is prudent in them to indulge in such excessive exultation. The defeat of Lord J o h n Russell is no proof wh a t ever o f an y re -action of pub lic opinion in favour of corruption or Toryism—and the two words are sy nonymous . Th e minority of 3,128 electors who polled for the popular candidate, proves that the great majority of the nation is decidedly fa vourable to the principles of civil and religious liberty. Mr. Parker had a numerical majority over Lord John Russell of 627 ; but of whom was this majority com posed, and by what means was it effected ? Our inge nious Tory contemporaries will boldly ask us, " Was not THE SUN, LONDON, THURSDAY, MAY 7, 1835. Lord John Russell successful in previous contests, and to what but " re-action" can be ascribed his defeat in 1835 ?" We can have no difficulty in accounting for the altered circumstances in which he fought the recent arduous but unsuccessful battle. The question of Parliamentary Reform, with which his Lordship's name is nobly associated, excited the county consti tuency to extraordinary exertions and gallant sacrifices. Liberal electors braved the unconstitutional " in fluences" notoriously used against the purity and free dom of election. But there is a natural limit to the temporary independence of that large portion of a county constituency exposed to coercion. In Decem ber last Lord John Russell was unopposed. We have reason to know that his party then calculated on the loss of his election, had the Tories started a second candidate. As the Ministerial leader of the House of Commons, and the proposer of the resolution of appropriation to be incorporated with Sir Ro bert Peel's Irish Tithe Bill, the Tory Clergy and political fanatics determined to leave no stone unturned to prevent his re-election. Local circumstances peculiarly favour the design. The county town of Devon possesses in its cathedral a citadel garrisoned by Tory Clergy, commanded by a Bishop, notorious for his political bigotry, his party spirit, and let us be just, his extraordinary energy. Dr. Phillpots bartered his opinions on Catholic Eman cipation for his mitre, and like the old sinner sentenced to do penance in a white sheet at a church door, who voluntarily stood double the prescribed time in that uncomfortable situation, this 0-odic , father of the Church conceives that he cannot sufficiently atone for his po litical apostacy but by the most rancorous resumption of illiberality. The staff of deans, prebendaries, canons, and inferior priests, constitute, with the thickly stud ded parson-ocracy of the county, a most formidable committee of electioneerers. The Magistracy, the Tory-bred Squirearchy, the numerous corrupt and self-elected Corporations in the western part of England, the pauperized tenantry of the small farms, mere political serfs of the landlords, excite only astonishment that the independent electors mustered so strong in favour of Lord John Russell. For nearly a century past all the Church preferment of England, Wales, and Ireland, has been exclusively monopolized by the Tories. Liberal opinions were the sorry com fort of a few neglected curates ; livings they had none. The rem in spe was only to be realized by excessive zeal in favour of divine right and intolerance. The Exeter diocese is filled to satiety with Tory parsons. They are centinels in every parish, who form a cordon sanztaire against the contagion of liberalism Thus we find it recorded that one clergyman came from a dis tance to poll for Lord John Russell ! The clergy and the corporators are grievously alarmed for the abuses of their respective systems, and verily they have cause for anxiety since the days of hirelings of the Church and self-elected corporators are numbered.—Morning Chronicle. VICE-CHANCELLOR'S COURT. PARKER V. DOWNING. The only point of any public interest among the several questions discussed in this case related to a right to dower. Mr. WAKEFIELD, in support of the widow's claim to dower, stated the will of her husband, Mr. Ward, whereby he de vised his freehold messuage or tenement then in his own oc cupation, situate in Easton-street, Chipping Wycombe, with the appurtenances, together with all his furniture, plate, linen, china, horses, carriages, articles and things in, about, and belonging to him at his said dwelling-house upon trust, to be sold, and the money to arise from the sale to be dis tributed among certain of his relations. He then directed a house at Margate to be sold, and that his widow should receive the income of the proceeds of the sale, together with the interest of the residue of his personal estate for her life. The question now raised was, whether she was not also entitled to her dower out of the house at Easton street. His HONOUR, after referring to the words of the devise, said his opinion was that the devise was sufficient, by necessary inference, to show that it was not the testator's intention she should claim her dower out of this house. COURT OF KING'S BENCH. CHAPMAN V. KEENE. This was an action on a bill of exchange, of which Lord E. Thynne was the acceptor, and the defendant one of the indorsers. The cause was tried before Lord Chief Justice Tindal, at the last summer assizes, when it appeared that at the time the bill became due it was in the hands of a person named Willsher ; that the clerk of the plaintiff gave the notice of dishonour, and that the bill continued in the hands of Willsher for ten days after the notice was given. A non suit was entered, on the ground that the notice of dishonour was irregular ; but leave was reserved for the plaintiff to move for a new trial. A rule for that purpose having since been obtained, Mr. THESSIGER now showed cause, and contended that as the notice of dishonour had not been given by a person who was at the time of the notice a party to the bill, or the agent of that party, it was not sufficient. Mr. ADOL PHUS, in support of the rule, insisted that the notice was good. The Court took time to consider the question. BAIL COURT. Mr. C. PHILLIPS, who, on Friday moved for copies of the depositions taken at Cheltenham against Mr. Teale, straw - bonnet-manufacturer, in the Strand, and for a writ of habeas corpus, moved that the depositions be read. It appeared from the statement of Mrs. Harrison, of Cheltenham, that out of the three bottles of wine which ' were drunk after supper she had only three glasses. About ' half-past one Mr. Teale said that unless he took his leave he would be unable to gain admittance at his inn. Her husband, who was intoxicated, immediately said that he should share his bed. At this she was greatly provoked, there being no accommodation ; but Mr. Teale having ac cepted the offer, she made a bed for herself by the side of that in which her servant and apprentice slept. Shortly after she had fallen asleep she was awakened by findinc , the priso ner w i t h h er. Sh e s h r i e k e d out, upon w hi c h h e ran out of the room. Her servant having come to her assistance she fainted in her arms ; and in this situation she was found by her husband, who had been alarmed by her scream. Her husband, on being acquainted with the prisoner's conduct, took up a candle and went to his room. She followed him ; and they then found the prisoner sitting by the side of the bed. Her husband attempted to strike him, but she arrested his arm. The prisoner on this pretended to be wholly i g norant of the cause of their visit, at whi c h b o th s h e and her husband were so enraged that they struck him with the candlesticks they had in their hands. The prisoner called out " Murder," and the police arriving, her husband gave him in charge. Mrs. Harrison gave decisive evidence as to the capital charge against Mr. Teale. The next witness was M. Lane, the servant, who partly corroborated her mistress's state ment ; deposed to her having drank only three glasses of wine ; and affirmed that she plainly saw the prisoner, when, on her mistress's screaming, he ran out of the room. This evidence was corroborated by the apprentice. Mr. Har rison, the next witness, partly confirmed the evidence of his wife, and believed he told the police to take Mr. Teale into custody for felony. He made use of this term, because, at that time, he knew no more than that the prisoner had en tered the room of the females. The policemen deposed to Mr. Teale having claimed their protection, to his declaring that Mr. and Mrs. Harrison assaulted him, because he would not give pp the bill of exchange he had received from them in payment for his goods,, and to both Mr. and Mrs. Harrison being intoxicated. These affidavits having been read, Mr. ustice WILLIAMS saw no objection to admitting Mr. Teale to bail. The Learned Judge fixed the amount of the sureties at 1001. each, and of Mr. Teale's personal recognizance at 4001. Mr. C. PHILLIPS—Some very extraordinary circum stances have recently transpired in connection with this case, but, of course, it would be improper to mention them here. The required sureties were then entered into, according to the usual form. COURT OF COMMON PLEAS. WOOD V. HURD.—BREACH, OF MARRIAGE PROMISE. Sir FREDERICK POLLOCK observed, that Miss Wood was the daughter of Mr. Charles Wood, a highly respectable solicitor of Manchester, who was the friend of the late Mr. Philip hula, the well known solicitor of the Temple, and the father of the defendant. 'inc Lie Mr. Herd had amassed a very large fortune., He had two s ons an d a daughter, the latter of whom died in his lifetime, and he died worth about 100,0001., the bulk of which he left to the defendant. Mr. Wood, the father of the plaintiff, was introduced to the late Mr. Hurd a great many years ago, and the same friendship which existed during the lifetime of Mr. Hurd, was continued between the families after his death. In the course of 1833, Miss Wood was permitted by her father to pass a short ti me w i t h M rs. Hurd, at the i r house in Kentish Town, and she remained there about five or six weeks. In the beginning of the following year, the defendant for the first time made proposals of marriage to her. This was not an attachment formed by a casual meeting, but a proposal made to a young lady who had for weeks lived under the roof of his mother, whom he had every opportunity of seeing.from morning till night, and whose tem per, disposition, and character he had the means of studying. When the proposal of marriage was made t o Mi ss Wood she communicated it to her father, who was then in Lon don. Mr. Wood, shortly after receiving the communica tion, waited on Mr. Hurd. Mr. Hurd pressed Mr. Wood for his consent to the union, but Mr. 'Wood declined giving an answer till he had seen his daughter, and the de fendant's mother. This occurred in January, 1834. Mr. Wood then waited on Mrs. Hurd, and she was delighted at the prospect of the match. The defendant then visited at the house of the plaintiff's father at Manchester, and cor responded with Miss Wood in the usual manner that a gen tleman did who addressed himself to the object of his af fections. In the course of June, however, the defendant's attention, in point of correspondence, fell off; and at length it was ascertained from him that he had no intention of marrying Miss Wood. The circumstance had a serious effect on Miss Wood. She was confined to her bed for some time ; and she had not yet recovered from the effects of the shock which the disappointment had occasioned. The Learned Counsel, after observing that Miss Wood had great personal attractions, and had youth on her side, bei ng only twenty years of age, and the defendant twenty-four, said he defied his Learned Friend to allege anything ag a i ns t b her character, or to assert that anythinerbut caprice had in duced the defendant to cast the young lady from his affec tions, and to blast her future prospects in life. Mr. Wood, the plaintiff's father, was then examined. After stating that he had seven children, the plaintiff and six sons, and that he was a widower, he described the friendship which existed between his family and that of the late Mr. Hurd, and stated that, at Easter, the defendant cahic jo:-, f.om London, and he tl.en pressed for the mar riage to take place at an earlier time than Midsummer. He returned to town ; and shortly after he wrote witness a letter, in consequence of which witness went to London. Mrs. Hurd had previously arrived in Manchester, and she said she came down at the request of her son. The mar riage was then broken off, and witness requested the late Mr. Hurd's partner to call on the defendant for an expla nation. His daughter had not been well since, and she now remained in a very delicate state of health. The witness was cross-examined, but nothing material was elicited. On re-examination, he stated that there was not the slightest pretence for saying that he had made Mrs. Hurd an offer of marriage. The defendant's letter was here read. It was to the fol lowing effect : " My Sweetest Rose—My wish and daily expectation of being enabled to inform you that I had taken a house, is the reason why I have delayed writing. I have made an offer for a home in Russell-square, but have not yet received an answer to my proposal. lam already quite weary of my own com pany, and long to reach Manchester. I really trust that if your papa is suited with a housekeeper, my state of probation will be shortened. You know not, love, how unsettled lam unless from your own feelings, which will no doubt represent me as sighing like a furnace.' I really cannot do anything. You are indeed hard with me. An acquaintance of mine who made an offer of marriage to a very prudent young lady a month ago, is to be married next week. If I meet the chap I will ask him how he managed it ? It is certainly not etiquette in this part of the world to keep the public expectation on the qui wive for five months. I really feel quite poutish, and on my arrival at Manchester I shall cause a scene about it. I can not conceive what I wait for except the stupid old house keeper. If your papa cannot find such a commodity at Man chester, let him commission me to bring a dozen in my hand, or per Procter's barge, for examination. (After mentioning some matters about his mother which it is not necessary to state he said)_l have not sought your affections to betray them, and know you have full confidence in me, which, with God's blessing and my best exertions, you shall never repent of. I love you dearly, Rose, more every day, and if not interfered, with—and we ought not to be—we shall be the happiest pair in Europe—aye, or' in the great globe itself.' You must give me a commission to execute for you. I must have exercise in lour taste. You must want many things, and as for attending to business, I really cannot. My regards to all, and pray write, write, write am, my dearest girl, " Your own attached, ". P. HURD." Mr. Charles Bird and his sister, of Liverpool, proved that the defendant visited with the plaintiff at his house. He talked of the plaintiff as his intended wife. The probate of the late Mr. Hurd's will was then read. The personal property was sworn under 80,0001. He gave to Mrs. Hurd for her life his horses, carriage, furni ture, Kentish-town house and library, and an annuity of 1,5001. To three relations he gave annuities of 501. each. To his son Thomas he gave two estates and 10,0001., and 20,000/. more on the death of his mother. To his son Philip he gave the residue of his property, including the Kentish-town property at the death of the widow. The ATTORNEY-GENERAL, for the defendant, after ex pressing his opinion that the action had not been brought by Miss Wood, but by her father, who had been called as a witness to excite the feelings of the 'Jury, and swell the amount of damages, was ready to admit that Miss Wood's character was pure and unspotted, far above all suspicion and reproach ; and Mr. Hurd now, in the most public manner, acquitted her of all blame. Mr. Hurd admitted that he was liable to the consequences of this action for not having fulfilled his engagement ; and, let the amount of damages be what they might, he would rather pay them than enter into any engagement, which he felt convinced would end only in disappointment and misery. Mr. Hurd could not be put into the witnesses' box to state why he refused to fulfil the engagement ; but he (the Attorney- General) took upon himself to state that it was a most fortunate thing for Miss Wood that the union did not take place ; and he hoped she had those prospects before her which would enable her to enjoy the happiness to which she was so much entitled. The Jury, after consulting together about a quarter of cm hour, returned a verdict for the plaintiff—Damages, 3,500/. CONSISTORY COURT. THE OFFICE OF THE JUDGE PROMOTED BY CHICK, AGAINST RAMSDALE AND CHICK, FALSELY CALLED RAMSDALE. Dr. ADDAMS said the Court was aware of the circum stances of this case, as on the last Court day the marriage had between the parties in the cause was annulled (Rams dale having married Joan Chick, the sister of his former wife) ; they were admonished to live separate and apart for the future ; and penance was directed to be performed by them on the following Sunday. The application he had now to make to the Court was, that, under the peculiar circumstances in which the parties were placed, that part of the sentence relative to the penance should not be en forced. The medical certificate, produced in the present case, would show to the Court the dangerous situation in which the parties had been placed by the decision of the Court. The party who had promoted the suit was making pre parations to exult over the individuals against whom the sentence of the Court had been given. A dinner had been bespoken, and a company would be taken down on the day the penance was to be performed in an omnibus decorated with ribbons, in order to exult over the unfortunate parties. He hoped the Court would not assent to an outrage of this kind. The KING'S ADVOCATE had no objection to assent to the postponement of the sentence. Dr. LUSHINGTON, in obedience to the forms and pro ceedings of that Court, had given its sentence, and directed that the parties should do penance, as it was not competent for him to depart from the usual course of proceeding. The affidavit of Mr. Taylor, the medical man who had attended upon the parties in the suit, stated that Mr. Ramsdale has had an attack of brain fever, and that the most disastrous circumstances might result from the enforcement of the sen tence with regard to the penance. As to Joan Chick, she had also been seriously affected in her health, was pregnant, and if exposed to performance of the sentence, her nervous system might be seriously affected. He should therefore not attempt to enforce the penance at the present time. It remained, therefore, for the Court to consider whether he should not merely suspend the penance, or whether he should do away with it altogether. Under all the circum stances, he thought it right and fitting to remit that part of the sentence which enjoined the parties to the performance of penance. The Court was addressed by Lady Winnington, who prayed that she might have a citation calling upon her hus band, Sir E. Winnington, to answer why a marriage cele brated between them about twelve years ago should not be pronounced null and void, on the ground of non-consum mation. Dr. LUSHINGTON asked if there was any legal ground why the marriage should not be set aside, and whether the residence of the husband was within the jurisdiction of the Court ? Lady Winnington said there was no legal objection, ex cept that the consummation had not taken place. She be lieved her nominal husband resided in Middlesex. She had no alimony allowed her. Dr. LUSHINGTON said as there was no legal ground for the dissolution of the marriage, and as it was not k nown whether the husband was within the j ur i s di ct i on o f t h e Court, he could not direct a citation to be issued, as prayed THE HoN. MRS. NORTON'S NOVEL.—The new novel which has just appeared, entitled " The Wife," is from the pen of the Hon. Mrs. Norton, whose beautiful lyric com positions have placed her among the first of female poets. An unusual degree of interest appears to have been excited by the announcement of this work, for copies can scarcely be ob tained early, enough, or in sufficient quantity, to meet the pressing applications made for it at the various libraries and reading societies. A contemporary journal particularly directs the attention of its readers to th e ver y beautiful poems which are sprinkled throughout these delightful volumes. POLICE INTELLIGENCE. WORSHIP-STREET. Yesterday Mr. Mawhood, collector of tolls at ,Kingelanci gate, in the Kingsland-road, was summoned to appear be' fore Mr. TWYFORD, by Messrs. Sampson, Hanbury, and Co., brewers, Brick-lane, Christ Church, for an overcharge of threepence, on the payment of a toll. The inquiry was conducted in the Magistrates' private room. Mr. Jolliffe, a gentleman from the office of Mr. Parnell, the solicitor, was engaged on the part of Messrs. Sampson, Banbury! and Co., and Mr. Jonas Levi, lessee of the road, defended his own case. A v er y grea t i n t eres t w as excited, as the decision involved a large amount of revenue to the l essees of roads, several of whom were present. The point at issue is in reference to the powerocrladimrield, by Mr. Levi to assess a toll of 9d. on a waggon the tire of the whe e l b e i ng s i x i nc h es , and having devia tion from a flat surfa ce . Th e comp l a i nan t denied that the toll should be any more than 6d., in conformity with theme order of the Commi ss i oners o f th e Metropolitan Roa allowing a deviation of a quarter of an inch ; and it was contended on their part that even more than that deviati° 73 should be allowed, as let a new wheel of a flat surface Ow vel on roads it will in a short time deviate from the lin e more than a quarter of an inch. The question has be e° G. frequently argued before Magistrates at different police: offices in the metropolis and elsewhere, and various deer sions have been come to. In this inquiry a novel point iv : l , s started by Mr. Levi, w h o o bj ec t e d to the order issued PY the Commissioners, which was agreed to by them in, abe; cordance with the 10th o f G eorge IV., c h a p. 59, an ° which the regulation of tolls was confirmed, as being illeg; The offence wa s s t a t e d t o h ave b een comm itted on t p 24th of April last. ong After the preliminary matt er h a d b een di s p os ed of, a I t conversation arose as to the pr escr ib e d and proper gag e to be used, and by which the surface of th e w heels otigb t , be measured, and Mr. Levi produced a g ua ge which mu d level surface, while Mr. Jolliffe produced a guage which ha, a deviation from the level, and each maintainecrthat•th eat ; measurement should be taken by his own standard, vib e upon their not appearing to agree, • his Mr. Joliffe s a id th a t th e b ev il guage w hi c h h e held in hand - was recognised as of the correct standard by the C° l " . missioners. Mr. Levi denied that there was any standard issued f roi° the Commissioners' office, and appealed to Mr. Painter. Mr. Painter said that there was none. Mr. Levi, upon this, d en i e d th a t h e h a d taken greater toll than what, by law, they were entitled to do. o f Mr. Joliffe then l a id b e f ore th e M ag i strates the book minutes, produced by Mr. Painter, of the proceeding of t: Commissioners, and referred to an order agreed to at amen ing of the Commissioners, at which Lord Lowther irro Chairman, where th e regu l a ti ons o f th e amoun t of to11,:41 reference to the variou s d escr ipti ons o f carr i ag es, w h ; be should be taken, wer e agree d t o , i n con f orm ity with Act, 10th Geo. IV., chap. 59. Mr. Levi said th a t h e d en i e d th e legality of that ortbr' which he maint a ined was no t cons t ructe d in conforrnityo, t the Acts of Parli a m en t, an d h e as k e d M r . P a i n ter wt was the amount of debt of the Commissioners of the tropolitan Roads. Mr. Painter replied 90,0001. the Mr. Levi observed that in making out their order in Commissioners h a d ac t e d con t rary to l aw . Th e y ha r• this order rated tolls on all carriages alike, without any re of a ence to the wheels, wh e th er th e ti res o f th e w heels '" of six inches in width or not, which is contrary to the ` lt d to George IV., cap. 128, sec . 44, b y w hi c h t h ey are boun a ihn reduce tolls proporti ona bly ; an d it i s we ll k nown that smaller the fillet of the wheels the greater the injury t° t t b e road. He had other objections to the order. Thus , A t . Act required that the consent of the several persons en led to five-sixths of the money due for the said tong should be obtained. He should like to know whether th consent had been given. The order also did not state 00' a notice of the resolution of the Commissioners bad heL published in the public newspapers, as was required to vi done by the Act. Another point to which also he be t he to call the attention of the bench was in reference t ° 6 g, time of issuing the order. The Act of 10th Geo. IV. , c 'A e e upon which the Commissioners was made, was passed on the 19th of June, 1829, an d it was t o come i nto opera tion on T 4 ' o Ist of January, 1830. Now, the order was agreed to to the 18th of Novemb er , 1829. H e , t h ere f ore , begg e f,,s know whether an or d er cou ld b e l ega l w hi c h was mad° the Board of Commis s i oners p rev i ous to t h e ex i s t en ce of t ds, Board by an Act of Parliament. On these several gron ie as not being in acc or d ance w ith th e A ct o f P ar liament' maintained that it was not a legal order. Mr Joliffe said that they could produce the advert ise ', meet of the Commission ers , an d M r . P a i nter produced tvi newspapers. e Mr. Levi—The Act sa y s it s h ou ld b e stated on th order, which is not done. Mr. TW YFORD p rocee d e d t o measure t h e w heel of the dray, which was outside the office, and gave his opinion that' the surfac e o f th e w h ee l di d not deviate from t he line be yond what was required in the order of the Commission ers ' Mr. Levi then said, th a t h e wou ld h old hi s object,'''. upon the legality of the order. Mr. TWYFORD, upon this, postponed the inquiry to Friday. Mr. Brady stated that he had a petition, signed by or five influential persons in London, to the eommisstent' and from fifty-six agriculturists, requiring the law to specified. MAR YLEB ONE. Yesterday Mr. Charles Restall, a solicitor, occuP chambers in Lincoln's Inn, was fined ss. for being drunk' MARLBOROUGH-STREET. The Hon. Col. Fitzgibbon, of Belgrave-square, yestert attended before Mr. DYER and the Rev. Mr. 'Nuns* prefer a complaint against the driver of one of Ball's sington omnibusses, named Burgess, for having, by neg gent driving, done considerable damage to his cabriolet. The Magistrate fined the defendant 4/. and costs. Ir . Notice was given on th e p ar t o f t h e owner o f his inte r . tion to appeal against the conviction. REV. COWPER'S LIFE AN D W ORKS , BY THE tbe MR. GRIMSHAINE.—This is the handsomest specimen of era popular yet el egan t, as we ll as conven i ent, form of 111°"tbe standard works that we have yet seen. The letter-press•ime, embellishments, the entire g e tti ng - u p, are a ll exqu i si te. 1, first and second volumes are b e f ore us , and when the suc eo. o ing portions h ave b een pu bli s h e d, our great Christian poet doubtless take his place in many hundreds of drawing !l a g that have hithert o b een d en i e d possess i on of h i s surPals-01 beauty and refin emen t. Thi s e di t i on w i ll contain uptca'nee, two hundred letters o f th e poet ' s pr i vate corresp ont'e" o f which have never before been incorporated in any editiO n , his works, and which, by competent j u d ges, have been Via, sidered to be of a superior order to those published by li a ta — "r Hayley's great fault was a fear lest he should exhibit Co, too much in a religious garb. But this edition will do b e ‘ t t he for it will show him as he was, and that will be as one ° : or al most estimable, lovely, an d won d er f u l of objects in the n, - ble world. We ha ve on ly aga i n to state, that a more desu,-. 00 work can scarcely be conceived than Mr. Grimshavve's e dit' of Cowper's works.---Monthly Review. • the A great deal of cons t ernat i on was create d lu neighbourhood of Westminster yesterday morning, in ffrool quence of a bull, i n a most f ur i ous state, having escape'', ce . a drover near West m i ns t er -b r id ge, proceeding throug h Pai a tio g yard, and from thenc e i n t o O rc h ar d -street, toss i ng and b ut t he at every person it cou ld approac h . A pol i ce-consta ble of rig B division was knocked down in Dean -street, and 11.1 1 e lc l e r ia gentleman was lifted many yards into the air by the inft ir : o s beast, descending with great violence upon the stone pave in Orchard-street. He was conveyed, in a state of tot al D i re sensibility, to the King's Head in that street, and every ett - ro , tion paid to him by the landlord. Medical assistance was Phig cured, but serious consequences are apprehended from having fallen upon his head in the most violent manner. ihe MINISTERS.—In one of his letters, Swift has following passage :—I use the Ministry like dogs, beCOS e hny expect they w ill use me so. I never knew a Min i str y d° e 9. thing for th ose w h om t h ey made companions of the i r pleare BIRTHS. On the sth inst., in Portugal-street, Grosvenor-square, the lad s .„ of Henry Thorold, E sq ., o f Cuxwold, Lincolnshire, o f a son *- heir. On the sth in s t., a t B re tl an d s, t h e l a d y of George Best, D s 4'' o a son and heir. 101 l On the 6th inst., i n S omerse t- street, Portman-square, the of Henry Manning, Esq., of a daughter. ARRIED. On the 6th inst., a t Sto ke Newington, the Rev. Augustu s , sold, son of Steph en Cli sso ld , Esq., of Field-place, Gloucesters uP to Eliza, daughter of the late Wm. Crawshay, Esq. Vi ll ' On the 21st ult., at 2.larylebone Chwch, Francis William kin, Esq. ; to Sarah, youngest daughter of the late Rev. Dr. Si' ner, of the Close of Sarum. lED. Dr' On the 6th inst., at Bentinck-street, Manchester-squar e, Robert Hooper, of Stanmore, formerly of Saville-row, aged 63. On the 6th in s t., Henry Parke, Esq., Howland-street. On the 28th ult., at the Charter House, John Vetch, . 1 "* M.D., in his 53d year. hire' At Liverpool, aged 85, Mr. John Pierce, Bala, Mer;.one— s jst, On the Ist i ns t., a t D um b roch, Strathblane, JanetGaelr widow of the late James Pender, Esq., bleacher. nd• On the 21st u lt., a t Blairdrummond, Mrs. James Druniul° - (t he On the 27th u lt., a t P a i s l ey, Agnes Mason, aged 66, relict 0' late Mr. William Campbell, Paisley. wirin On the 27th u lt., at P a i s l ey, i n his 27th year, Mr. Win. On the 30th ult., at Paisley, Margaret Orr, only daug"" - Mr. John Hair manufacturer. On the 21st ult., at Perth, Major-General Sir John Ross, K. On the 22d ult., at B ellwood, William Dickson, E sq ., of , ip wood, merchant in Perth. 14 ' On the 30th ult., at Ravenhill, near Scarborough, ta I ' 4 et, Mrs. Ann Willis, widow of the late Rear-Admiral - Willis , °' "- worth, Sussex. J . • 00 On the 26th u l t., at Ochiltree Alilns, Ayrsh i re, Mr. Tennant, in his 81st year. London Printed and Published b MURDO YOUNG, of Na 112, Strand, a t Th e Sun Office, .No, 112, Strand,-in - thw 4°— of Aliddlesex. Bob ton, rao r i t debt, qu a elude T ~.,