The Sun. — London, England, 1842-05-04 00:00:00

THE SUN, LONDON, WEDNESDAY EVENING, MAY 4, 1 the same ground as he voted the other night for the mo- ment stole out of the House. It was too late an hour of to listen to their complaints, however it may differ tion of the Hon. Member for Rochdale, not for the sake the night, and the House was too thin, to determine to question as to the adoption of remedies. The of the petition, but for the sake of inquiry. When he what Members the inquiry should be comrdtted. He of the adoption of the Charter is alto looked around him and saw thousands and thousands of therefore moved the adjournment of the debate. ether a different one from that i mplied as I g Ids fellow-creatures starving for want, and when he saw Mr. FERRAND said he had applied to several IS era well as stated in the motion of the Hon. Member for :th r oe millions petitioning the House for inquiry, he bers of the House to allow their names to b e p ut on the We can conceive no act of t he House of Committee. He had received commun ications from Finsbury. could not resist granting it.—(Hear, hear.) Mr. OSWALD opposed the motion of the Honourable hundreds of the working classes, and he was now in a Commons more dangerous to the institutions, which it Member for Finsbury, because he thought it a dishonest condition to prove the statements w hich he had made. professes a determination to uphold, than its vote of last and shabby motion, and held out false hopes to the Ile had communicated to the Hon. Member for Salford night. It was at once a blunder and a crime. The aris (Mr. Brotherton) the name of a person who gave him people.tocracy will, one day or other, deeply repent it. Mr. VILLIERS was not disposed to deny many the information respecting the trck system which he things that he had heard that evening with respect to had detailed to the House, and in n a day or two after extending the suffrage, but when they sat there night wards two f riends of the Hon. Member called upon the after night denound,_ag each other, it was not at all as- gentleman in Manchester, and held out threats to him. tonishing that the people should think the House ought Mr. BROTHERTON —That cannot be true. to be reformed. Th e p eo p le, in the di scuss ions that Mr. FERRAND said it was true ; and the Hon. had taken :place in that House saw the cause of all their Member for Stockport had also used him ill ; for he had miseries ; and it was not therefore for the House to turn communicated to the public newspapers a private note of round upon them and refuse to hear them. He did not his (Mr. Ferrand's), and had exposed a person who gave say the House was bound to adopt all the remedies pro- him information to great obloquy and persecution. — posed in the petition, but ha could not see how they (Hear, hear.) He would not bring forward the evidence could refrain from hearing them, as the result of that which was witin w itn esses reach, unless the working people hearing might be that the House might decide upon who were his could be protected against their progressive alterations in the constitution of the House. masters. He believed the doctrine proposed by the Orange Lodges Mr. COBDEN said that there must be some little was far more dangerous than any proposition contained mistake again in this matter ; he certainly did publish in the Charter. the letter of the Hon. Member, but he thought that Lord CLEMENTS said, as no Member for Ireland there was no objection to his doing so. The Hon. Gen had yet addressed the House, and as the Repeal of the tleman seemed to wish to imply that he had attempted Union had been mixed up with the debate, he wished to hurt some working man. Why, the writer of that to say a few words. In Ireland they were not accus- letter was no working man ; he was a man in a respect tomed to meet with the sympathies of the public in able station of life, a noted political partisan and u lead- England. He was not disposed to be made a catspaw of g Tory bd could not ja in Manchester , a cor considered (H as having a question worthy of discussion by itself. He did not been guilty of a breach of confidence. He was not at advocate that measure ; but that was not the manner in all anxious to serve on the Committee. which the question of the Repeal of the Union ought to In answer to a question from Mr. HUME, be brought before the House. If the poorer classes Sir J. GRAHAM remarked that he should be very of England were aggrieved let them bring their grievances sorry that the Hon. Member for Salford should be ex before the House, but he wished not to be coupled up in eluded from this Committee, and he thought that the any way with this measure.—(Cheers and laughter.) Hon. Member for Knaresborough would be acting judi- The sister country had plenty of grievances to complain ciously if he included the Hon. Member. of. The great reason of complain was, the manner in After a few words from Mr. VILLIERS, which the representative system had been there carried Lord PALMERSTON suggested that some person out by the Reform Bill.—(Loud cries of " Oh, oh ! connected with the Government, should be placed on Read, read ! Question, question !") That system re- the Committee. quired great alteration. lie considered that the adoption Mr. WAKLEY seconded the proposition. of the prayer of this petition would be utterly subversive After a few words from Mr. BROTHERTON, of the institutions of the country, and he repudiated the Dr. BOWRING thought the best course would be to idea that Ireland should be brought forward in this adjourn the debate. manner to serve the purposes of an individual. The debate was then adjourned. Mr. O'CONNELL would not be influenced in voting The Exchequer Bills Bill was read a third time and for this measure by reason of that part of it which passed. prayed for a Repeal of the Union. His sentiments The other Orders of the Day were then disposed of, on that subject were distinctly understood, but lie was and the House adjourned at half-past One o'Clock. not influenced in the vote he was about to give by the mention of it in the petition In fact, he did nut wi.sli to be identified with the petition at all.—(Hear, hear.) He wished to separate himself entirely from the petition. He was led to give the vote which he was about to give in favour of the motion, because he belived that Universal Suffrege was the right of the people, because he believed that every Englishman was entitled to have a voice in the election of representatives - to that House. If he wanted a proof of the correctness of this position he would turn to the speech of the able and Learned Mem ber for Edinburgh, who had been unable to draw the line where servitude should end and enfranchisement should begin—for all those who were refused the franchise were in a state of servitude. The comparison made by the Noble Lord to the case of the juryman did not apply. The juryman decided on the property of others, the voter only protected his oAn. He should vote for the motion because he felt satisfied that the suffrage ought to be extended. The state of the country was awful — the petitioners complained of the sufferings they endured and asked to be heard at the bar, and in asking that he thought they were not going too tar. Mr. T. DUNCOMBE, in reply, said, that after the manner in which that petition was about to be treated by the House, if ever the industrious classes should again condescend to approach that House, he would become no party to their degradation.—(Cheers and cries of " Oh I oh 1 '). If the object of the petition had been to bring about that sweeping confiscation of property which the Hon. Member for Edinburgh had denounced the weight of their indignation ought to fall not on the petitioners, but oe the person who had brought it to the table of that House.— (Cheers and cries of "Oh!") Yes ! he (Mr. T. Duncombe) was the person who was responsible for the petition.—(Renewed cheering.) No man in the • House ought to have presented such a petition if such had been its object, and if he believed such to have been the object of the petition he would not have presented it. He would not say that if he had drawn up the petition he would have drawn it up precisely in its present form; there were many parts of it from which he dissented. But what was it that the people asked for ? They did not wish for a sweeping measure of confiscation ; all they asked was to be permitted to bring their cause be fore the House, and if they were permitted to do so he would produce at the bar of that House the advocates of the petitioners, working men, to show that the evils of which they complained originated in class legislation, and those who so had libelled them would then perceive that these men were not only entitled to the franchise, but that the House would be neither dishonoured nor disgraced by seeing some of these men sitting on the benches as Members. There was nothing like confis cation in the petition. In some parts it was worded ambiguously, and he would do the Right Hon. Baronet opposite the justice to say that he had not taken advantage of the ambiguity. He did not com plain of the conduct of Members opposite—it was of the conduct of those on his own side of the House that he complained.—(Cheers.) The petitioners prayed the House, it' it refused inquiry, then to pass the Charter, and concluded by expressing their desire to promote the peace of ,the United Kingdom, the security of property, and the prosperity of commerce. What was there itt that to show that they desired the confiscation of pro perty, the destruction of the Monarchy, the destruction of the Church, and of the sponging out of the National Debt. The Right Hon. Baronet took part of a sentence from the speech of the Right Hon. and Learned Member for Bath, who had stated that the petition had emanated from a malignant cowardly demagogue, whose name he would indicate if he were not beneath his contempt. He (Mr. T. Duncombe) did not know to whom the lion. and Learned Member alluded ; but if it were to the individual to whom he (Mr. Duncombe) supposed it was, the Hen. and Learned Member had been grossly misled. He had a document in his possession, signed P. M‘Dowal, J. Morgan, and John Campbell—(Laughter) -- and those were the indi viduals who had drawn up the petition. These three indi viduals, he was bound to say, drew up the petition, and he did not believe any other individuals even saw that petition until it was printed and submitted for signatures to the individuals who had signed it. He was extremely sorry to see the course about to be adopted with respect to that petition, for all he had to ask of them was to hear the petitioners. The Charter was not the question, in the first instance. After having heard them, it would be time to rise and propose a remedy. All before them, then, was simply to give the parties a hearing. He said that three millions and a half of the industrious classes were entitled to that hearing. It would be a con selation to those individuals to be heard. He could not ! ; - nn . twuentara ...... t. , ............. believe; as Hon. Gentlemen had represented there, that by allowing the working classes to be within the repre sentative or electorial branch of the constitution, would endanger the nation ; on the contrary, lie felt convinced that it would add to the stability of the institutions of the c ountry.—(Hear.) Strangers were then ordered to withdraw, and the House divided, when there appeared— For the motion Against it 287 Majority against the motion —238 Mr. STUART WORTLEY moved for returns relat ing to the system hitherto adopted for the suppression of the slave-trade on the western coast of Africa. Captain PECHELL thought the motion of the Hon. Member involved a reflection upon the officers of her Majesty's navy who had been employed on that station, and that an opportunity of explanation ought to have been allowed. Sir G. COCKBURN said, that if he saw any attempt in the present motion to throw a slur on the officers of the navy, he should certainly oppose it; but he could perceive no such thing, and why the Honourable Gen tleman could suppose that such a return would cast a slur on the officers employed on that station, he certainly could not see. The more that House and the public were made acquainted with every action of the navy, the more they would be satisfied with the condsict of the officers and men. He had no objection to the motion. Captain PECHELL, amidst (cries of " Spoke, s poke," " Chair, chair,") explained that his ob jection was the absence of all information whereon the Hon. Member could ground his motion. Mr. S. WORTLEY was surprised at the lion. and Gallant Member's objection. It was the first time that the Hon. Gentleman had ever made any complaint with respect to the motion, though it had been on the paper upwards of a week, and had been once postponed. lie (Mr. S. Wortley) disclaimed any intention of pessing a slur on the noble profession of the navy. Visoount PALMERSTON said, that as far as he was c oncerned, he should be happy to support the motion of tse lion. Member. lie considered the exertions of the n ivy were beyond all praise, in their attempts to suppress Ore slave traffic. There was no mode of suppressing it, except by means of a naval police, and every effort was made by the Admiralty for the purpose of putting it dte,vn.—(Cheers.) After a few words from Mr. S. WORTLEY in ex ra lanation, the motion was agreed to. PAYMENT OF WAGES. Mr. FERRAND moved that the following Members be) nominated to the Select Committee on the Payment of Wages Ferrand, Lord Ashley, Mr. S tuart I, VortleY, JohnFielden, Viscount Jocelyn, Mr. Shar i."' Craw 2 nrd, Mr. Henry Redhead Yorke, Mr. Baird, M. George, William Wood, Earl of Hillsborough, Mr. Thomas_ Duiezombe, Mr. Beckett Mr. Charles Pelham Villiers,' Sir John Hamner, and Sir John Guest. Mr. IC -10 THERTON said that befor e the motion was agreed te , he would move that Mr• Cobden be named as one of the Committee. eight Mem ., ,ers from the othlteraPridar.ed that there were i. s (Mr. Brotl xenon's), but there was e and seven from wshire.— (Hear, hear.) The Cortim?an person from Len to be a osie-sided one.—(Hear, heer2 ttee appeared to him have pet sorts who knew the diffe • e betweenlie should like to print-we arks—(Hear, hear)—persons mills and . 0 understood something of the subject.—(Hear, hear ) te The f some Com mittee would not give confidence to the co un try interest were person connected with the. Manufacturing i Mr. Cob llot upon it, and he should-therefore move that den's name now headded -to the Committee. Mr. C. BULLER.wOttlik wove that the debate should td. s p terra ed. After all ..the nenx d b e se o tha ll t e h x ad as he peern_ ndt,he of t h e I • . t ,. e ok tly an o r der. A great( des aof nonsense had been Vs on the subject, and the character of . w e yo manu f acturers of the country was • s - alfectede y it. He had observed that whenever there waa a Fl o, u ci4 of this B ert the Members of the Govern- MADRID BOURSE, Aram 25.—Two bargains in the Threes, for 700,000 reals, at 221, for 60 days. One for 400,000 reals in the Fours, 19 7-16, for 60 days. Twelve in the Fives, for 6,800,000 reals, at 271, *, ;at carious dates, 274, 5-16, 28, The French Journals are tilled with loyal birth-day addresses to the KING, and right Royal answers. They They are so fulsomely panegyrical on all sides, that we shall be readily excused for taking no notice of them. The Toulonnais has the following letter from Algiers, dated April 20 :—" It seems certain that General Bugeaud is raised to the dignity of Marshal of France, and M. de Lamoriciere to that of Lieutenant-General. Yesterday evening, after the ar rival of the Extraordinary, convoys we: e ordered to embirk troops for Oran, to which place the Governor-General is also going. It i 3 true that report adds that General Bugeaud is recalled, and that the Marshal's baton is bestowed to make up fur the recal. It is again affirmed that General Bugeaud re fused to return to France, and that to prolong his stay in Africa he is going to Oran to prosecute the war."—Le Constitution nel, Mav The Crocodile steamer, which arrived at Toulon on the 28th of April, has brought news from Algiers to the 25th. The Governor-General had gone on the '2oth, accompanied by se• yeral other Generals, towards the :liaison Carree. On the 25th he was making preparations to go to Oran. The Came leon, Fulton, and Tenare steamers, were taking troops on board, which they were to convey to that part of the coast. An immense convoy left Algiers on the 25th, for Blidah. An order of the day, dated Algiers, the 20th of August, announces that General de Bar, who, during the absence of the Governor. General, will have the chief command at Algiers, will likewise have the superior direction of the administration. Commerce. A return of the real property of the State has been distri buted to the Members of the two Chambers by order of the Minister of Finance. The approximative value in capital is 1,283,441,698 francs. That part of it dependinc , on the War Department is estimated at upwards of 206 millions, and the portion relating to the Marine to 125 million 4. The forests are valued at 729,553,283 francs.—Journal des Debuts. BOURSE—PARIS, MONDAY, MAY 2. First Highest Lowest Last Price Price. Proc.. Price. rench 5 per Cents ...... 119 20 79 120 .1..; ye , rents lO7 50 ... 107 50 ... 107 .. 107 50 4 per Cents. I,er e.wntr Bl 8J .01 9J . Z5l 80 ... SI 92 , r , nk or runlet Defitte Munk s.nois %hares :030 5050 ...5018 75 75 Seleiiin ?tank 1811 tieigian 5 per Cents. 3 per 1055% ... 105% 105% .. 1 , 15% Acove l6 ... 25 7 ,4 ... 25% Pat4ive 5 ... 5 ... 4% ... 4% Portuguese 5 per Cents. !ctpulitati st 5 1 Ronan.., lO6 ... 106 ... 106 ... -,-_-_-- STEAM TO NEW YORK. TH E GREAT WESTERN, Lieutenant' HOSKEN, R.N., Commander, IS INTENDED TO SAIL FROM LIVERPOOL....Saturc'ay, f 2lst o May, 1842 BRISTOL Saturday, 16th of July LI VERPOOL....Saturday, 3d of September BRISTOL.. ...... Saturday, 22d of October. FROM NEW YORK. Thursday, 28th of April ... ...... For LIVERPOOL Thursday, 16th of June For BRISTOL Thursday, 11th of August Far LIVERPOOL Thursday, 29th of September For BRISTOL Thursday, 17th of November For LIVERPOOL. For Freight, or further information, apply at Bristol to CHRISTOPHER CLAXTON, Managing Director. Lk,zdon—T. NI. Ward, Great Western Railway-Office, Bank. Liverpool—Gibbs,' Bright, and Co., North John-street. Birmingham—John Poncia and Son, rershore-street. - Hull—W It. Goddard, Hull and East Riding Times Office. !! Leeds—Haigh and Womack, Accountants, Benson's -buildings': Glasgow—H. B. Webb, Glassford. street. 1 Paris—Andelle and Soulas, Rue de l'Echiquier, No. 20. Havre-de-Grace—William Davidson. 7, THE WEATHEIL—NooN, MAY 4. ROY AL GALLERY OP SCIENCE, A DELAIDE-STREET. thermometer .... 55 I Highest 67 I Lowest 45 Barometer 29.98.—Wind N.W. - - HIGH W ATER AT LONDON BRIDGE THIS DAY. 1.2 minutes after 8 I Evening .... 26 minutes after 7. Ot 'Z nit 1 , , ~' ~~~~ x :4 9 and at its conclusion he announced the engagement of Miss i original authority, it was not set up by the Court of Exchequer , the ability of every species of property to bear the tax, was ter Adelaide Kemble, Miss Rainforth, and a first-rote corps dra- , Clmber, for pre hose reasens h e thought that that ease was be coutidered—none was exempt. In those days, land and stock, matique, to ()pen the summer season on elenday. th 9th inst. not only not a cedent, but no t even an a uthors yon the pre • were the only property yielding a profit, and for that reason. as Mademoiselle Plessy appears for the last time it, the St. : s e nt o c casion. IT was mere than e robaele that the pressure of in the case of the poor-rates, land and stock were the only James's Theatre this evening, in Le Misanthrope Valerie, and business e hen LotStoweli had b eco me J u dge of the Admiralty rope ty m ne. ally a.ssessed. but no property was exempt. La Jeune Femme Colere. ; Court, and the little inter est exceed by the case, that less re- In the Poole case, which had been heard about CO II 't The f search and r ference to authorities wer e brought to bear en the twenty years since, it was decided that ships and stock The ceremony of lanirg the first stone of the Victoria tower, ; Proceeding thn eould be so u n d er ot h e r circumstances. in trade acre I able to be rated. It mattered not if the •, . which is the intended Royal entrance to the new House of Peers, I in the course which he ( D r . n us hington n had pro- owner or occupier resided out of the parish. He was still liable -. will, it is said, take place in August; an. d if her Majesty should t posed to himself on the present occ asi on . h e w ould next ex- to the Church-rate. 'I his Poole case was do be found in the . not perform the ceremony, it is expected that Prince Albert amine the judgment of the Court of Queen's Bench in the 2d vol. of Dr. Adams's Reports, page 33. In that case it had will officiate. former Braintree cases What was the decision, and how far been held that, as it had been the custom to rate stock in trade, The Earl of Kinnoul had a grand dinner party on Monday was i t alienable to the altered circumstances of the case slow the omission ot sto..k in trade was fatal to the rate. The in . - last. before the Court? The decision upon that occasion was, that origin of Church-rates was unknown , nor was ther e an y , mode The Countess of Wicklow g ave a brilliant ball last night, the Churchwardens, after the rate had been refused by the nta- iof fixing the exact date when they were first levied. The • ' .- Cavendish-square. jority of the Vestry, could not make a valid rate. That was earliest case was to be found in the year-books in the time of The first meeting for the season of the Horticultural Society the sole question then, and it was decided with legal s trictness. Edward 111. This igno:ance of ;the origin of Church-rates was held yesterday, in Regent-street. Sir Oswald Moseley, B u t it was c l ear th e Court of Queen's Bench never contemplated i could be easily ace ount ed for. The extent of the obligation to Vice-President, in the Chair. • the distinction taken by the Court of Exchequer Chamber be- l repair depending on the ability of the individual, the Veetry The Duke and Duchess of Roxburgh, with the infant Mar- tween a rate made by the Churchwardens alone, and a rate made ; would naturally be led to adopt measures to ascertain the guts e, of Beaumont, arrived at Berwick, on Friday, from Fleurs by the Churchwardene and a minority of the Vestry. The opi. I tint of that ability, ar.d the rate would be a consequence Castle, Kelso. . Mon of the Queen's Bench was clear. That Court decided on ' incidental to the obligation. Then with regard to the reme d y Yesterday the Lord Bishop of L ondon held a Confirmation at the principle that the rate made against the consent of the ma- 'in cases of refusal or neglect, it was manifest that St. James's Church, Westminster. jority of the Vestry was illegal. - How was he to deal with that that the remedy must be in strict keeping with the obligation, /WLISCMLIaIigIeatTS. decision? Not as a precedent. bettering and controlling the and as the obligation was a religious one, the remedy was to A fire broke out in the south ward of the Millbank Peniten- free exercise of his own opinion in the present case, for the ibe sought in the Spiritual Courts alone. The obligation was tiary last night, whets the carpenters' and smiths' workshops in Court of Exchequer Chamber had declared that. j not a common-law obligation. Before the statute de circum that quarter of the prison were destroyed. the late decision of the Court of Queen's Bench spectu Ecclesice, Spi; itual Courtshad punished persons, not for The lion. Mr. Douglas Tennant, wife of a brother of the ought not to be considered. But be apprehended not payiee rites, but because the reiwirs necessary to be present Earl of Morton, died at Pisa on the 25th. that it was his duty to consider the principles and reasoning on done had been left undone. Those punishments consisted of The Dowager Lady Lyttelton, daughter of the late Earl which that decision was founded, and how far the y were apples exc om m unication and the infliction of fines, and of inter- Spencer, and r enther to the present Baron Lytte lton, has been cable to the present ease. The first princip le was that the i diets. These remedies were ail - p owerful in those da y s. prospectively appointed , i t is said, as Governess to the Princess law re q uired a clear demonstration that every tax was lawfully Then came the Reformation, bat no toleration. No Royal. imposed. That doctrine was in slim unison with the principle one was suffered to entertain a religious opinion different ...........,-,............--,......---..-s-. laid down by Lord Tenterden in the ease of Cotton v. Hardy, from the religious opinion of the Establishment, and in the LA. VV . IN TE 11_, IA IG EN' CE. 2d Adolphus arid Bingham, a select vestry case, in which lee , Ist . of Elizabeth the Court of High Commission was estab decided, that with respect to the Church Butleing Act, he lished, and no one who knew what were the powers ---4 0 .---_ could not give the vestry the power of imposing a church- rate, !of that Court could doubt its eMeiency for the CHANCERY Co LIRT--(T HIS DAY.) because that power had not been specifically accorded to them ; purpose of enforcing the fulfilment of these obligations. - A TNORNEY - GENERAL v VISCOUNT CANTERBURY. by that Act. The next principle it appeared to him super- ; when its powers were wielded by such men as Land and his The arguments in this case, which commenced yesterday, fluous to notice. It was that the imposition of a tax must be , coadjutors. That Court was abolished in the time of Charles wer e resumed to-day, but had not concluded when his lend- directed either by Act of Parliament, or common law, or by I the First, and the Ecclesiastical Courts were left to their ship rose, shortly after one o'clock, to attend her Majesty's custom immemorial. The third principle was to the i own powers. Those powers, in regard to enforcing levee. effect, that no usage prevailing in suppor t of surds a Church-rates, had always Veers exercised in a criminal , tax could be received as evidence against at. Fourthly, and not in a civil form, and that such powers had up to impose the tax in a different way was evidence against to a late period been effective no person could doubt. the power claimed. Fifthly, the absence of such power Those powers which had been given them by the Statute de in the books of Reports, was evidence against it. ; and, sixthly, circumspectu Ecclesix, were still in existence. That law the onus of proving the legality of tne power claimed, neces- was not an obsolete law; it had at ill a legal existence ; but sarity devolved on the parties who claimed it. These seemed the Court had never before been applied to to enforce to him the chief general principles the Court of Queen's Bench their payment, or to punish for the non-payment of such had applied to the case before him. But what did the Court a rate as the present. He was unwilling to speak on the of Queen's Beech do when the case came before it as a Court subject of mandamuses. It had been said that a mandamus of Error ? It agreed that there was no power of making a rate might be issued calling upon the Churchwardens to make a by the Churchwardens alone, against the decision of the Vestry; Church-rate. now, the question of Church-rates it appeared but it also held that there was a wide and substantial difference to him was a matter purely of ecclesiastical cognizance. between the Churchwardens alone, and the Churchwardens Church rates were incident to the obligation to repair, snd the minority of the Vestry together, as to making a rate. and that obligation was a matter of spiritual, and for in case of a refusal by the parishioners to make a rate, if not of lay cognizance, and could not alone be enforced by the Churchwardens possessed the poser of making it alone, the Ecclesiastical Courts. Having thus stated his notice of they might do it at a future time, however distant. This was the nature of the obligation. he would now consider the means the opinion of the Court, openly and distinctly stated, in the of enforcing it. It was said the case of a municipal corpora- words he had quoted ; and it was to this that he must devote Lion refusing to proceed to the election of an officer was a case his best attention. But first, it was necessary to know what strictly analogous to the present—and the case of Olding.and . • the Court of Error had declared, what it would not Weeks, 2d. Burroughs, had been quoted as establishing, . a do, and what it had reserved. The Court said it would not doctrine strictly analogous to the one sought to be enter into a discussion whether the rate. as made by the Church- established in the present case. Now what were the facts of wardens at the par ish meeting, was a valid rate or not. If, in that case? It appeared that an election was to take place of a the election if cerporation officers, the nisjority only protest Towneelerk fur the town of Nottingham; that when the elec. against the election, the minority hone been held to represent tors met one portion of the constitueney, the minority consi the whole number. Again, in the case of a rate made lay a dered the office to be filled by the Mayor having . nominated a minority of the parishioners arid the Churchwardens, the Court person to that office. Tee minority, however, consisting of ninee would give no opinion on it, but desired to reserve to proceeded to hold the election, and chose Alm Segrave to fill— - itself the liberty of forming an opinion on it the office. The majority, consisting of 11, protested against . . . CONSI STOR V —(T N. 1 S DAY). whenever the case should occur. The present case the election, but no other candidate being nominated no divi- was unfettered by the case of Guardan v. Selb y , as the q ues- sion took place. The Court of Queen's Bench decided. that CHURCH-RATES. — THE BRAINTREE CASE , tion was undecided by the Courts of Queen's Bench and the the Mayor had no right to nominate that person-AG fill Ike .. GOSLING V. GOSLING. Exchequer Chamber, but it received great consideration in the office, and that the election of Mr. Segrave was a good At the sitting of the Court this day, Ur. LUSHINGTON de- Court of Error, both with reference to the general law of the election. With regard to the circumstances, it was im- ivered his judgment in this case, oe the admission of the libel. cane, and its possible analogy to cases of frequent occurrence in possible not to see that two cases could not be more He said, before he proceeded to the principle question at issu. Cormirations. First, then, was the premnt rate valid by the widely different than that case and the present. But it in this case. it was necessary that he should dispose ef sone ecclesiastical and common law , withou t resortin g to the might: be argued that in the decision of that cases some o bjections that had been math. to the admis ability of the libel. nalogy of Co poration law. There is, in the opinion of the principle had been laid down, which might be a guide in One of these objections was , that at the meetin g at which the ' ourt of Exchequ , r, a wide and subs t a ntial difference be- coming to a judgment on the present. The grounds of that de rate was proposed, an amendment was moved, winch concluded twecn a rate made by a churchwat den and the minority vision, as expressly stated by Lord Mansfield, were that as the by finally refusing the rate. No poll was demanded or taken, el- the vestry, and one made by the churchwardens alone in electors present did not vote at all they must he held to have • and on a show of hands the amendment was therefore Vestry. It was most important to weigh am; ascertain in virtually acquiesced in the election by those who did. There declared carried. Now, the Churchwardens brims hi what that wide and substantial difference consisted, for on the wasanoilier principle laiddown also, which was,that the elector the minority, proceeded themselves to make the rate existence of that. distinction, as jar as this view extended, de- who voted fur efi unqualified person, having had previous notice now in dispute, and it is contended that it was neces• pended the applicability of the decision ; between the two given him of such ditqualifieation, had thrown his • vote sary, in the first instance, that a poll should have been taken, cases there was one most important and substantial difference, at' ay. Now, how could those principles-beapplied to the p re s ent on the ground that in many cases an indi v id ual ma y be entitled videlicet the time when the rate was made, whether it was case? A Vestry had been held pursuant to a monition from the to a plurality of votes, and that the real number cannot be made at the Vestry immediately after the refusal by the majo- Court. The Churchwardens had proposed a rate ;an amend ascertained unless he voted ; and next, that in a show of hands city of the Vestry, or at a sub . Sequent period by the Church- ment refusing the rate had been proposed and carried by the ma- a majority of the individuals present may not constitute the wardens alone, for it was obvious if it were riot valid when jcrity of the parishioners in Vestry assembled, and the Church majority of votes. He thought the objection could not be sus made in the Vestry by the Churchwardens alone, wardens had then proceeded to make a rate ef 25. in the poupd. tained, for this reason : that no pn 1 being demanded, the whole it was impossible to' fix any time within which it That welled been signed by themselves, and by the Vicar, Vestry must be taken as acquiescing in the decision of the could be made. There was nothing to exclude by some ot the parishioners ; but it had not been proposed to . Chairman. If it was necessary that there should always be a the time from being a month , or s i x months, or even ten the Vestry, on the part of the Churchwardens, for it appeare poll, though it should not be demanded , it would occasio n g reatd months, and the effect of this might be that the churchwar- that after the show of hands had been taken there there, ha inconvenience and a great impediment to the dispatch of public dens, by postponing the making* of the rate, might, if they had been no voting. The facts were totally different, and the business. It must also be remembered, though the argument was the power of doing it by themselves,- not in the Vestry, make p inciple on which the cases alluded to had been decided not altogether conclusive, that if the majority must be considered a rate upon consideration of subsequent circumstances which were inapplicable to the present cases How could the Court, as not in favour of the amendment, it was a fair presumetion perhaps ought to have been submitted in the first instance t o b y declaring the rate a valid one, take upon itself to decide that that, in the present ease , they were in favour of the rate. That ihe Vestry. It was true that this difference was of less im- because a rate was proposed it must be voted in a moment ; argument was not always conclusive. It might be that some portance, if the do c trine that the Vestry was merely ministerial, that the Vestry had not a right to consider what re- voted against the amendment who disapproved of the manner was adopted to its full extent, for if the Churchwardens pairs were necessary, how they were to be performed, end how in which it was put, and who at the same time might be dis- were the only judges of whet was necessary, and the they were to be paid for, whether by one rate or by several, or in posed to negative the rate itself. On this head, therefore, the Vestry were bound to raise the money for them without what proportion the inhabitants were to be assessed ? In the . .. defendant had no substantial reason to complain, though pos- any opinion either of the matter itself, or whether the rate was Nottin g ham case the election was held to be good, because the sibly the fact might ha ve some bearin g in a subse q uent view of made by the Vestry or by the Churchwardens afterwards, the voters protesting against it did trot vote at all ; those were the the case. It was stated as an objection to the rate, that difference could not be of so much importance. But on the very words of Lord Mansfield ; but that had not hap the the estimate included the repairs of the Church. It appeared supposiiien that the Vestry had some discretion to exercise, he petted in the present instance. The majority had certainly to include the chancel-door, but as it might be the r immed svith the Court above, and should say that the distinction voted in favour of the amendment refusing the rate, door both of the chancel and the common nave, this could not s vas an innpietant derision. He could not understand how, in 'I here was no analogy between the cases. The question to be be considered fatal to the rate, as it was a circumstance that the present case, the concurrence of the minority could confer derided was, not whether it was a natural obligation upon the es might be expected. The last of these obections arose from any legality on the act, which would not attach to it if made by parishioners to keep the parish church in repair—not whe t the pleading to the conclusion of the fifth article of the libel, the Churchwardens aloue. The minosity might consist of num . Per the Court could proceed to the enforcing of that obli- where it was alleged that a large number of the inhabitants berstrom amere minority down to asingle indieidual. He couldnot gation, but whether a rate made, as the present one had ra ted were in such a state of poverty that the rate could not rely on this diff co difference. He would now endeavour toconsider been, by a minority of the parishioners , was a valid one . s be recovered recovered from them, and that the loss extended to 1,0001. whether there was any authority at common or ecclesiastical whether the . votes were not thrown. awa y , and the act ;• This fact might be urged to meet any objection that the rate law as applied to the present case, so as to render this rate which was directed to be done by the parish, was not done . was excessive, but he was not aware that it vitiated ,, the legality of the rate itself, or rendered it his duty valid, U , . the former rate was illegal. There was one par- by the parish, but by a few individuals. But how could be ~ • . - titular circumstance m attending the making the present rate understand that this was what the law, as received in these to reject the libel. It had been considered that all who were which must not he left out of consideration, for he believed it Courts, required it to be a rate made by the majority of the , excused from paying poor-rates, on account of poverty, should was of vital importance to the case. This sate was made, not parish.? Then, again—with every diffidence in him own ability to , be • excused from church-rates ; but he could not. take upon at a Vestry summoned in the ordinal's' manner, but in conse- understand, or perspicuity to explain—he was pelled to say, himself to say that the occu •iers in this case ought to be ex- quence of a monition issued from this' Court, calling that he did not perceive the analcgieswhich wereeileged to exist - •• - cured on account of their poverty. Having disposed of these ,n the Churchwardens to take the necessary steps to put between this case and that of a corporation, to which a mends, objections, he would now go to the important questions raised the church in repair, anti to call a Vest! y fur the purpose of mus had been issued. But if a mandamus were issued from the' : upon the admission of this libel. It was necessary ,first, that making a rate. He had had tome doubts, and expressed them, Court of Queen's Bench to compel a corporation to do an act he should give a brief summary of the facts. The decree was issued from this Court, founded on affidavits setting forth that and they were not now al ogether removed, as to the propriety' which the majority were bound by law to do, would it be a sad- ,W fixing the day and hour of the Vestry in the monition. B e ficient answer to that writ to say that a part of the corporation .J the church was out of repair, and that a rate had for several hat as it. might, tie rate was made in pursuance of the three- had obeyed that law. Having gravely considered all the • years been refused, and citing the prohibition that had emanated don of this Court, and till the contrary should he decided alleged analogies of the common law, - and carefully examined in the former case from the Queen's Bench, together with he must consider that direction as legal, rah and made on the cases relied on for their support, the impression on the circumstances under which it was issued. The decree competent authority. But with regard to a rate so his mind was that none of those principles or autho. called on the Churchwardens and parishioners to put the church made, though there were precedents with regard to rities were applicable to the present ease. Even if into a proper state of repair, and ordering the Churchwardens the issuing of a monition, yet with regard to a he could see similarity where he saw nothing but dis to call a Vestry on a certain day, at a certain hour, and in a tate made by the Churchwardens and the minority of the similarity, he should still hesitate before, upon his own judge certain place, for the purpose of making a rate, and directing Vestry, he confessed he found in Ecclesiastic il law no prece. ment, presiding as he did over an interior tribunal, he should • the parishioners to attend and make it. That decree was duly dent whatever in the single case of Rogers v. Davenant, introdece here doctrines hitherto unheard of in these (the signed, and the Churchwardens declared their readiness to sub , and it was certain that this case was riot an authority, for Ecclesiastical, Courts. It seemed to him incredible, thee if , . mil to the lawful authority of the Court. The Vestry met on fla king the rate, in conjuction with the Vestry. Since the the law were as laid down in the Exchequer Chamber, in the 15th of last July, and a rate was proposed; an amendment oh last hearing, he had carefully examined the precedents col- course of so many centuries during which these Courts had . considerable length was proposed, the contents of which it was lotted by Archdeacon Hale, bin, he could find in them no trace . existed, and dur:ng which so many great minds had been ap no part of his duty to examine; the amendment refusing ef an authority affirming the validity of a rate made by • plied to ascertain what the law of these Courts was, it should the rate was moved, and on being put to the show of hands, the Churchwardens in conjunction with the minority of the have been first discovered in the year 1841. He would -be „. still more astonished if such were the fact, as this law would the Vicar, who was in the chair, declared it to be carried. No Vestry. There was one case indeed, occurring in 1601, in poll was taken, and all therefore acquiesced in his declaration. which' a rate was made by the direction of th e ch urc hwarden be a ready remedy for Many evils, and would du away with The Churchwardens, with several other individuals, then signed alor;d, to rei , burse the Churchwardens of a former year. many harsh proceedings. Still, until the year 11341, there the present rate, which was not again put to the Vestry.. In But he thought that none of these p rece dents came up was a perfect silence on the subject of this mode of ob. the present case then, the question he had to decide was, taming judgment; but on the contrary, in all the cases. to the circumstances of the present ease. A precedent whether the rate so made, was legal and valid. If it were a the making of rates was held to be in the majority of - plicable to the iresent case would be one where legal and valid rate, the libel must be admitted ; if not, it must the Vestry. The argument that the ancient remedy is no longer a a P- rate was mede by the Churchwardens and a minority of the be rejected ; but it should be borne in mind, that all the ob servations he was about to make he Intended to apply , Vestry, a nd afterwards enforced by the Ecclesiastical Court; and applicable to the present times, has been answered le? a high authority—the Court of Queen's Bench itsel • where 'the proceedings were had ag inst individual parish to nothing but the validity or invalidity of the rate ; The decision of the Court of Queen's Bench to which loners. That was indispensably necessary. ( Here the Judge this was the sole question he had to determine,he alluded, was given in reference to the n Wager of Battle," a ; , entered into a classification of the various questions in cases and to that his observations would be confined. He waswhich was as revolting and unchristian a practice as had been somewhat similar to the present, in nee e of which, he said, he anxious to state his opinion and the grounds of it, and he wouldhanded down from the times of ancient darkness. What said . 4 . could discover a case of a rate made by the Church consider, first, the case of Gaurdan v. Selby, in its bearing on Lord Ellenborough ? That " the wager of battle, however re- „ e wardens being allowed, much less of its being enforced. this present rate; second, the effect of the judgment of the Remembering the deep interest which this question „f Church- smiting it might appear to many, was the law of the land, and - ... Court of Queen's Bench on the former Berintree ease ; thirdly, sans had excited, and the laborious and painful investigation he was booed to adminis'er it." One more observation : a s the judgment of the Court of Exchequer in the same case ; which had been made by the most learned persons respecting occurred to him (Dr. Lushin,gton) before he quitted this cases fourthly, he should end avour to examine the Ecclesiastical It he were willing (which he was not) to admit the doctrine it ; also, that the questions were nicely divided, and that the and Common Law, and their authority in respect to the vali-laid down in the Exchequer Chamber, that the rules of law ;, present point, and those intimately cenneeted with it, were dity of the rate in question ; and, fifthly and last: y, he no elections was analogous to this case, the law was adjudicated upon by no less than twelve Jtulges of the land, should apply himselt to the doe tine of the election no such thing. He was bound to decide this case not by the . and that no eecnsiastical authority had been produced upon of corporate officers and Members of Parliament, it, he might venture to say that there was no such case in common law hut by the ecclesiastical ; and he could not lind which doctrine , it was contended, ought to govern the preserit existence; and as it would be but a mere waste of time, and in the whole body of that law,. or in all the records of cases case, and uphold the validity of the rate. With regard to the a false parade of authorities, to go through the and decisions, the faintest testimony of any analogy between . rroceedin s in the matter of Church - ra t e s and e l ecti o n s, Par case of Gamdan v. Selby, it appeared to him, that not only o th e r cases, he would abstain from citing them. I had the doctrine laid down in tha t case been re p udiated in the A similar observati on a pp lied to an y investigation he had been liamentary e or corporate. He was therefore bound to reject th is Court of Queen's Bench and the C o urt of Exchequer 'Chain - able to make respecti r g the authorities of common law. If libel, and to pronounce the rate invalid. He was awar e her, but the Court of Queen's Bench impugned its authority, there had been any authority applying to the case of a rate of the responsibility which rested on him in this matter. 1 10 and that in very strong terms. He then quoted the madeby the Churchwardens and the minority of the Vestry, knew how many evil consequences would be ascribed to his miser decision :of the Court of Queen's Bench, which im- pugged the decision as laid down in the case referred to. could any one doubt but that it would be produced. deavoured honestly, fearlessly, and assiduously, to find the law In Ventris' reports, there was a solitary case, but there was re - Discarding, therefore, the notion that the case of Gaurdan v. nothing in it, save conjectures unsupported by facts, and it and having found it, he would not resort to subtle Selby was any longer a precedent to govern and bind down hisfinements to defend it. He was well persuaded, from could not by possibility be made to apply to tire present case. own judgment, he would now consider whether, though nothe history of this country, that the continuance_. All the autorities cited against the validity of the form of longer binding as a precedent for the position attempted to beof bad laws, and the prevention of good ones had, in no staid , t had a strong oke of ap t p h lieation to the present case, established in the former case, yet it ought to be considered as f t measure, been occasioned by laudable, though mistaken endea- ael• an authority not to govern him, but to which he ought to pay ina r s a m e n . ch as they majority in the Vestries. It would unnecessaly n occu y time if re to advert to those consideration in the present case. He had carefully examined p „ recedents and the Reports orrs which had been published yours to make the law measure out according to particula r i all the proceedings in that case—he had done so before—and former cases. This , - then , was his opinio, .1 that notions of justice, and to make subtle distinctions lo ward or' . , he was not disposed to retract any one observation he had for- '" in the total absence of any authority, of either evil and injurious results, which, if they be the effect of tile s!, merly made upon that case. He would not occupy time by law, ought to be remedied not by the Judge but by the Lo• . ,5;41 ecclesiastical or . common law, to support the validity of gislator. referring to all the particulars of the case, but some might this rate, it was clear that, upon such grounds, it could Y be slightly touched on, in order that the gronnds of his be supported. If he were, then, to enforce such a opinion might be clearly manifest, and might not rest on ge rate, •he would be making a law, and net declaring neral declaration. He disclaime d havin g at an y time laid any ono ; and that, too, in a matter wher e ever y Court had been stress on the decision of that case. There were some facts most cautious, namely, the imposition of taxes. Those preli and circumstances connected with that case which, after all the minor considerations having been disposed of, he would now consideration he could bestow . upon them, and having read all address himself to the last question, namely, whether, there that was written in explanation of that case, still appeared to Hein g no authority, as already stated in support o f th is rate, i him to be utterly inconsistent with all re g ularit y of p roceedng it was notwithstanding to be sustained by analogy to the law ap in those Courts beyond what had ever happened. One ot the In to particular corporations and to Parliamentary elections. circumstances which struck his attention on the present In applying himself to that par t of the question he felt the occasion was (arid the able Counsel who argued the case utmost distrust. When he approached the subject of mends.- had, he was surprised to find, taken no notice of m uses and quo warranto's , he mistrustedhimself. An analogy it), the irregularity i n the p roceedings. In this case had been attempted to be drawn between the ease of members of Gaurdan v., Selby, the same individual was Surrogate of a Corporation, assembled together to proceed to the election of • ' a member ot that Corporation. The majority refuse to elect i in the Archdeacons Court, the Vicar - Gene ral ' s Court, and the Censistory C ourt. That would account for the the minority, proceed to the election, and the election of t u he minority is held to be a valid one, and the majority who re- C ou rt sitting in the same p lace —for the individual pro ceeded against being sum moned to the same place; but it could fused to proceed to the election, are held to have thrown areas' neve r account fur what appeared in those proceedings th e utter their votes. It was contended that the case of Church-rate's confusion between the two Courts, so that no man could yen was analoeus to this, and that, those refusing this rate had ture to say, after he had examined the original proceedings, in thrown their votes away. In order to come to this conclusion, which Court the suit was commenced and carried on. He it was would not go through all the p roceedin g s in that case from the nece,sary, first to understand the principle on which the commen c e ment, but would only point out one or two case had been decided at common-law, and secondly, facts or circumstances sufficient for his present purpose. to compare the facts of the two cases, in order to The Court here refemsd to the proceedings in the above-men• ascertain what was the analogy subsisting between them. tinned case, showing that the citation in it was directed in the It was said the cases were analogous. Be would endeavour to name of the Archdeacon alone, and yet the person cited was t o ap- ascertain if this were the case. In order to du this it was ale pear in the Consistory Court. The libel was in the name both cessary to consider the legal-origin and usages of Church-rates of the Archdeacon and Vicar -General, and the monition to themselves. That the parish was bound to repair the Church answer the libel seas in the name of the Archdeacon only, and was established by all the ecclesiastical authorities, and by all cited Gaurdan to appear in the Consistory Court. He would those of common-law likewise, but with regard to the nature not go through other circuit stances in that case which of the remedy to be appliee in case of refusal, andd there appeared appeared equally remarkable as showing the confusion in it regard al t so di t ff .o ere t n h c e e mofeaensineifofnenfo7hineg sthtaattutreemde de y e , ir t e.m. from begthnin, to end. But there was one circum s'aLtignreEacciesice established ' the fact,first, that before the pass stance, infinitely more remarkable, to which he would . just advert, namely, that in the libel, which was dated in of that Statute the parishioners were accustomed to keep in November 1796, it was stated that the rate was made by the I re ' ir the nave of the church ; and, secondly, that the Spiritual Courts of those days punished persons refusing to du so. The majority of the Vestry, and yet that rate was proved on evidence Statute further directed than, in all such cases, the Spiritual re tto have been matte by the majority et the Vestry. Those eeine ,m alone were, Borne of the circumstances which struck his mind in the seas to judge, Ind that emporal the Coreenon against C o urts were rot to issue any p r otecti o n consideration of this case, but it appeared to him not to have hint. That proved that the 1 a ttracted that notice, which, under other circumstances, Courts had in some cases interfered by prohibition, and that, by that such a case would necessarily have caused. The allegations statute they were restrained . from (Ming so ; and, consequently, and pleadings, that that rate was not made by consent of the that the obligation to repair was to be enforced in the Spiritual majority of Vestry, were signed by Lord Stowell, then sir William Scott, and were never opposed in the Arches Courts only. As it was a natural obligatien, nothing was said about it in the Statute, bin all the authorities went to show Court. Then there was not a single authority cited one side that it was a natural obligation. At that time the whole na or the other in the arguments. But with regard to the present case, , Selby , tern pretested one religion—to profess a different whether he ought to receive the case of Gaurdan v. from that pi iffessed by the nation, was in those dayst religionh as overruling his judgment, or rather, whether he ought te heresy, and a (moat crime to sup ent that religion, depart flout the exercise of his own judgment, and b w to it . was n a luf bind on all, and therefore . M. a precedent applicable in the presene case, it was clear fromevery one was equh y e ( acco Y ulitable for the upholding of tl the report of Dr. Robinson that Sir Wm. Wynn had not the l sacred edifice. I . h religious nature, therefore, of the obligation slightest notion that he was considering the question which the itself establishedgasfejurise diction to those Courts for enforcing ' Court was on the present occasion to decide, and consequentlyg it, which were fd to maintain the l* • Sir W. Wynn could not have decided it. Sir W. Wynn .established re igion of the laud. The men a thought he was deciding the question, when the Vestry had re- non of the whole proceeding wa s, and still continued to be, I that the enforcement of this obligation was pro salute fused a rate, whether it was competent to the Churchwardens i anima, and thereforethe had - e xclusive to make that rate ; but he never dreamt of the present ques- Spiritual Court , lion, whether sech a men , h ins wade by the r herelas melees t iseietion The el 1 . r a ~elusiv e jR • . . . 1 igation wa , therefore t'est'y i . ' ' i • '' ..'. '' ''' ' '''' ' .' '''' ' ''.. -' . -.... ' '' l'' ''''''' the extent of the ' bit ' It ' t ' iO he re wee t n ' e easred, and, OarefQ. - e, prossly cited as an authority, and yet that, upon at leas t its i ROLLS' COURT.-(TII1S DAY.) ?1, LLOYD'S SHIPPING-(THIS DAY.) LONDON, MAY 4.—Wind this day at noon variable. DEAL, MAY 3, A.M., wind N.W. noderate.—tith, \V. S. W. li;zlit.—Arrd. Minerva, Furlong. Mauritius ; Arsol. Victoria, Arot ina, Tenerlife ; Porcupine, Cleveland, Smyrosi Arrd. from the river, Lord Lowther, for China; ditto 11:‘, sld. Adelaide, China ; Berkshire, Inglis and MargaLo, Bombay ; .Alcdora, Cape Circassian; Montreal, Jane Lov''' OFF DOVER, MAY 3.--Arrd. Pawasso, westward, for L011(1013. BRISTOL, MAY 3.—Arrd. Eliza, Saunders, AlatriliUS. MILFORD, :MAY 2.—Arrd. Recovery, Sierra Leone. PORTSMOUTII, MAN 3.—Wind Y.N.W.—Arrcl• Alert, Hurth, St. Cruix, for Copenhagen. COWES, MAY 3.—Arrd. Hector, White. Cuba. OFF SALCOMitE, MAY 3.—Arid. Roseberry, Singapore. F.tIMoETII, MAY 2.—Wind variable and high.— -s1( • Oriental steamer, Alexandria ; Montrose steamer, Gibraltar. Pool.E, 11.1 r 3.-61 d. Lord Nelson, Prince Eugene,. an' Hebe, Newfoundland. SPONTANEOUS CONIBUSTION.—As there h a s heat much said and written on this subject, it is of great importanc w that we should know, especially as the Lucifer match is noW' used so extensively, what mischief is likely to result from it s ' use, and from the use of substances of a like nature; and a sr . the followirg letter from Professor Booth may suggest a hint to lucifer match makers, it deserves public notice Gentlemen,—l have seen so much of the disastrous effec ts arising from substances containing ingredients liable to sponte neous ignition in producing fires, that as I looked upon the 0; troduction of your Self-lighting Sealing Wax with jealousy,; have tested and analyzed it with great care. By this I fin all my objections to its use removed, as, from the absence ° sulphur in its combinabon, it is impossible that spontane on* ignition can take place with them, as has o , :curred with. CO' grove matches, and other pyrotechnic componnds. The coo bitstible elements are perfectly free from danger, and I hive hesitation in pronouncing yours as safe as ordinary s eal /. wax, as smart friction alone will cause the.r ignition . — l bard the honour to remain, your obedient servant , ABR AHA BOOTH, Lecturer on Chemistry, late Lecturer at the Re .. ., Adelaide Gallery, &c.—London, April 23, 1842.—ges si W ,, Davis, Brothers, and Co ., Pate ntees of Self-li g hting Se elie wax, Poulti y." sw^ MARRIED.—On the s th of March last, by,sPec.i.,at:. license, at the Hope, in the parish of Manchester, in Jam Frederick Peatt, E'sq., of Nos ark, in the same parish, to lea Margaret Eleatv‘r Swaby. of Eaton-square, London, (laughter of Joseph James Swaby, Esq., late of Chapel in Kilnsey, in the county of York, and granddaughter and 7 0 t, heiress of the Hon. Jo se p h James Swab y , late of the 11013114.. Almitpclicr, in Jamaica, and Custos Rotulorurn of the per' is St. Elizabeth, in that island. I RON TRADE. It is commonly reported t h at S o f large orders for rails have arrived at Cyfarthfa. Soo' 18,000 tots we hope it is true.— Welshman. Lcmdon Printcd . v l; ; No. I Strp.n . (i t ' a iv, N. ) Its:. .;' ' t(" 1 ' the Collet, # Wednesve4ay► May 40842. SUMMARY OF NEWS MONEY and COMMERCIAL NEWS CITY, QUARTER TO THREE. The Stock Market has been rather heavy in consequence of a sale of Consols by the Chancery broker. Consols for Money are 92% to 91; Ditto for the Account. 92% to 92 3 / 4 ; Reduced Three per Cen t s ., 91 % to 91,1 ; Reduced Three-and-a - Half pe r Cents., 99a to 994- ; New Three-and-a •Half per Cents., 1001 to loin ; Long Annuities, 12; to 12 13-16th ; Exchequer Bills, 37 to 39 premium ; India Bonds, 20 to 22 prem. ; Bank Stock, 167 to 1671 ; India Stock, 247 to 2471. In the Foreign Market an improvement has taken place in Mexican, owing to a few put chases by influential dealers. The quotations are—Spanish Actives, 23; to 24_; Ditto, New Three per Cents., 23?, to 231; Ditto, Deferred, 12* to 121; Passive, 4; to 5 ; Alexican, 341 to 344 ; ditto; Deferred, 10% to 101- ; Portuguese 37/ to 38; do. 'three per Cents., 22* to 2:4 ; do. Converted, 31 to 32* ; Dutch Two-and-a- Half per Cents., 52; to 53 ; do, Five per Cents., 101 to 101/; Colombian, 26a to 261. Cautions against speculations in the bonds of various of the insolvent foreign States, and in Spanish particularly, have from time to time appeared, and certain charges which have been made at Madrid against the Government, and still remaining uncontradicted, prove that these cautions have not been without foundation. The finance Ministers there published, in the official gazette, the account for the Three per Cent. Stock newly created, which, by a comparison with the estimated arrears of interest. shows an excess of above seven millions sterling. The whole of this torn has doubtless been sold here and in some of the conti nental markets, as well as at Madrid; the late fall there in this particular stock is now accounted for, as is also the con duct of the Parisian Syndicate, in refusing it a place in their official lists. It is not the first time that such proceedings have been carried on, and these conversions afford an oppor tunity of perpetrating the fraud, too tempting to be resisted. But a few years since, a depression occurred in the price of Spanish Stock, which gradually declined from 60 to 16, and it was ultimately discovered, that parties at Madrid, at that time connected with the Government, had forwarded to various cities large parcels of bonds, which had been delivered in and supposed to have been cancelled, to be sold for what they would fetch, to the destruction of the property of the holders of the original documents, and to the ruin of unfor tunate speculators. It is much to be feared that something similar has now been attempted, and it appears suspicious that the Government, when challenged with figures, has not dared to refute the charge. The intelligence from China has completely paralised the Tea Market, and apparently not without cause. If it be correct that Sir H. Pottinger be about to proceed to Pekie for the purpose of putting an end to the present state of affairs there, it may be expected that trade will shortly be placed upon a satisfactory basis. Meanwhile, if the forces be withdrawn from Canton, the opportunity of ship ping teas and other produce will be eagerly embraced; thus, these movements will either way cause increased imports. A gentleman lately arrived from Hong Kong gives an interesting account of the progress of that settlement. Building and culti vation arc rapidly going on, and the Chinese appear to be anxious to assist the English in every possible manner. A complete revolution in their notions of us has taken place, and it is stated that they infinitely prefer living under our protection to that of their own Government. It is said, and apparently with correctness, that no settle ment has been made for years, likely to prove so valuable to our commerce as this, whether it be considered with regard to its relations to China, or its proximity to the whole of the Indian Archipelago, the Phillipine, and other numerous groups of islands in that quarter. Orders have been given to detain the mail, which was to have been despatched to India to-day, until the 6th, io order to afford an opportunity of answering the letters hourly ex pected via Marseilles. PRICES OF SHARES THIS DAY AT ONE. RAILWAYS. Paid. Per Share. Edinburgh and Glasgow Great Western Ditto New London and South Western 3B/ 63/...... to 64 Manchester and Birmingham ••• 40 Northern and Eastern South Eastern and Dover Ditto Scriii 5 9 ...... to York and Narth Midland COURSE OF EXCHANGE—(YESTERDAY.I Amsterdam CF. 12 7 1 Gibraltar Ditto, at sight ti U l2 8 ,Genoa 25 95 Rotterdam Antwerp Hamburgh M.B. 14 0 Venice ................. • Altona Paris, 3 days' sight ... 25 70 Palermo, per oz Ditto, 3 months 25 95 Lisbon ..................... Marseilles .. .. ... Bourdeaux 26 0 ,Rio Janeiro Frankfort on Maine— 1521 : Bahia .. Petersburgh, 3Us ... 3(4 Buenos Ayres Berlin ..... ... ............ 7 New York, 21 days sight 46i Vienna, effee. fl. 3M. 955 iPhiladelphia 46 Trieste, ditto ...... .. ... 9 56 ( Foreign or BULLION, PER oz . Madrid I Cadiz 36 Portugal Gold Com ...0 0 0 Bilbao B arce l ona Seville LIVERPOOL COTTON MARKET, MAY 3, was dull, and the transactions altogether amounted to 2,000 bales, of which 200 were for exportation. LIVERPOOL SHARE MARKET, MAY 3.—South Eastern and Dover were again in very good request ; other Shares re mained as previously noticed. The sales included Eastern Counties New, W. 15s. 5d.: Grand Junction 191 ; London and 1 Birmingham, 181 ; Brighton New, 8*; Manchester and Leeds Halves, 39i; Quarters, 64; North Midland, 65*; South Eastern, 32h ; New, 41 premium ; York and North Midland Halves, 33k. MANCHESTEN, STOCK EXCHANGE, MAY 3.—We have had a good market to-day. and prices continue firm. Manchester, Bolton and Bury, 62; Manchester and Leeds, 88; Ditto Quarter Shares, 6i 6/ ; South Eastern and Dover, 311 32 , Ditto New, 4 ; District Bank, 101. 93. ; Rochdale Canals, 65' k. SPORTING INTELLIGENCE. (RECEIVED THIS DAY.) CHESTER RACES—TUESDAY. The Produce Sweeps. of 50 Soya. each, h ft. Colts, Bst 41b, and fillies, Bst. 2 miles. (8 Subs.) Mr. F. R. Price's gr f Valentine, allowed 3 lbs (Cartwright) 1 Lord Westminster's f irony, allowed 3 lbs 2 The following al , o started :—Lord Stanley's f by Voltaire, out of Mysinda (allowed 3 lbs.) and Sir R. Bulkeley's Wide- Awake. The Tradesmen's Plate of 200/., added to a Handicap of 25 Soya. each, 15 ft, and 5 only if declared. Twice round, from the end of the Dee stand. (64 Subs., 26 paid 5 Soya. each. ) Mr. Plummer's Alice Hawthorn, 4 yrs, 6st (Hamby) 1 Mr. Kirby's Lanercost, aged, 9st 91b (Tetnpleman) Mr. Holmes' Vulcan, 5 yrs, Bst 51b (Darling) Lord Westminster's Satirist , 4 yrs , Bst 71b 0 Lord Miltown's Cruiskeen , aged , Bst Mr. Graydon's Clinker, 6 yrs , is t 121 b Mr. Fowler's Cormorant , 6 )rs , 7st 91h Major Hay's Retriever, 6 yrs , 7 it 81b Mr. Newsham's Nancy Dawson, 5 yrs, 7st 71b Mr. Greville's Rory O'More, 6 yrs, istslb Lord EgFriton's The Young-'un, 5 yrs, 7st Mb OO Coigne' Cradnak's Pagan. 4 yrs , 7st Sib o Lord Chesterfield's Marshal Soult, 4 yrs, 7st 41b (fell) 0 Colonel Crawford's Ermengardis, 4 yrs, 7st 21b OO Mr. Smith's The Maid , 5 yrs , 7 st 0 Mr. C. St. George's Jolly Tar, 4 yrs, 6st 101 b Lord Miltown's edhawn, 4 yrs, sst Mr. Ogden's Brother to Harpurhey, 4 yrs, sst Lord G. Bentinck's Topsa i l , 3 y rs, a feather Lord G. Bentinck's Tripoli, 3 yrs, a feather 0 Lord G. Bentinck's Proof Print, 3 yrs, a feather Betting-4 to 1 agst Alice Hawthorn, 7to 2 agst Marshal Soult, 5 to 1 agst Vulcan, 11 to 1 agst Lanercost, 10 to 1 agst the feathers. Won cleverly by a length ; Tripoli was fcurth, though not placed. --......, FATAL AconENT.---Yesterday afternoon, about five o'clock, William Steadman. a man in the employ of Messrs. Cox, brewers, near the Greenwich Railway, Parish-street, Horsleydown, was set by his employers to mind the gig of a customer. The horse, a very spirited animal, remained quiet till the train crossed the arch over his head ; he then reared and' became unmanageable; at this moment the horaes of a waggon belonging to Messrs. Bell, of Covent-garden,Askien with potatoes, took fright at the noise, and the gig coming in contact with them, the deceased was thrown under the waggon and ►he wheels passed over his hotly. He was removed to the wurkil: 1.15 , , of ;:t. c'sj:irt.4l:4l wediatel). AND Public ,ispintott. " Who runs may read." PO EItGN. The French Journals are filled with the usual anni versary speeches addressed to the King by all the public bodies in the State on the occasion of celebrating his Majesty's birthday. The custom is exceedingly silly and troublesome to all the parties concerned, and ought to be got rid of as quickly as possible. The Infant Prince Count d'Eu was baptized on Friday morning at Neuilly by the Archbishop of Paris. The names given to the young Prince are Louise-Philippe- Marie Ferdinand Gaston. Their Majesties were the Sponsors. The Cure de Neuilly and the Chaplains of the Palace were present at the ceremony. We are happy to learn that her Royal Highness the Duchess de Nemours is proceeding favourably. A return of the real property of the State has been distributed to the members of the two Chambers, by order of the Minister of Finance. The approximative value in capital is 1,283,441,698 f. That part of it de pending on the War Department is estimated at upwards of 206 millians, and the portion relating to the Marine to 125 millions. The forests are valued at 729,563,2831., and the domains at 8 millions. The amount received by the Paris Savings' Bank in April, from 24,492 depositors, of whom 3,137 were new depositors, was 3,575,145 f. The amount of reimburse ments was 2,693,000 f. PAIVLIAIVIENTAR.Y. The Lord Chancellor stated last night, that the Lu nacy and Bankruptcy Bills had been read a first time but that he found such contrary opinions on the Loci Courts Bill, that he had not been able to lay that on the table ; whereupon Lord Abinger expressed a hope that it never would be laid on the table, and, if it were, he should oppose it. Lord Brougham thought it ought to be proceeded with before the Bankruptcy Bill. Several petitions were presented, including the petition of the Provisional Council of the National Complete Suffrage Union. Their Lordships adjourned, at an early hour, till Friday. Captain Plumridge was reported duly elected for Pen ryht, and Falmouth. The Southwark Improvement Bill was read a thir time, and passed. On the Commons refusing to agree to Mr. Wakley's motion to the Lords' amendment to the Ormsby Inclo sure Bill, it appears that the Lords had thrust into the Bill a clause taking away the rights of certain cottagers, and this clause the Commons, instigated by Mr. Wakley, refused to adopt. Ia answer to Mr. Hume, Sir Robert Peel stated that Captain Elliot was to proceed to Texas, and was only kept here to give the Treasury some information about expenses at Hong Kong. The House was occupied for the remainder of the evening with a debate on Mr. T. Duncombe's motion to hear the persons who signed the National Petition at the bar of the House. The Hon. Member brought, the condition of the people, and their claims on the House, clearly and distinctly before it, and quoted several do cuments to illustrate their great misery. Mr. Leader supported the motion, and was followed by several other Members of the Liberal side. Mr. Macaulay took a vehement part against the petitioners. professing to a .onsiderable extent acquiescence in their doctrines, and yet villifying many of their objects. That Sir R. Peel and Sir J. Graham should oppose the prayer of the petition was natural, but it wa§ not so certain that Lord John Russell and Mr. Macaulay should take part against the petitioners! They did, however ; and on a dioision the motion to hear the petitioners at the bar was lost by 287 to 49. The House adjourned at Half-past One o'Clock PLTIII.IC OPINION. The Herald expresses its doubts as to the genuineness of the three million signatures to the Chartist petition, and adds :—" We must repeat the expression of our fears that among the 3,315,752 signatures, a whole legion, at least, are factitious or fictitious. We are informed, for example, on the authority of a personal friend who was residing in the north when this petition lay there for signature in his ancient city,' that one individual alone—(more alive to the pleasure, what ever it be, of doing ridiculous things, than to the possible con sequences of doing them—or to the serious interpretation pos sibly to he put upon his unreasoning follies) —was known to have signed this Chartist petition about a dozen times over, under the most absurd designations ; for example, the initial verse of a slang song. Is this so, or is it not? if we are re minded that it can be worth no man's while to look for such nonsense amidst the swarming population of three millions and a half of the names of the children of men, we must reply that that very consideration suggests the most insurmountable reason for withdrawing our faith from the genuineness of the identity or appellatives of such an unaccountable petitioning nation I" We take the following from the Chronicle :—" A Govern ment may be defectively constituted according to a given theory, and yet acceptable to the people under it, from a general con viction that it is honestly and justly administered, while another Government, more perfectly constituted according to the theory in question, may possess little of that confidence of the people, from a general conviction that the interests of classes are consulted at the expense of the community. The Reform Bill, with all its defects, allows greater influence to the people than they before had, but it has become unpopular be cause class interests are still found to be more powerful under it than the interests of the community. The Legislatua. has openly and unblushingly acted in opposition to the principles which the wisest and most enlightened men have sanctioned by their authority, as the best calculated to promote the welfare of the community. The existing Constitution, under the Reform Bill, has placed power in the hands of men who have abused it for the furtherance of their own class interests." In an article, suggested by the Chartist petition, the Times makes the following comments :—" The existence of the Chartists is not indeed a formidable, but it is a serious, fact. It is serious to find a confederation in an address intended for a large, and necessarily inflammable, body of their fellow-coun trymen, telling them, as quoted by Mr. Duncombe, that they have been driven into poverty and starvation by political causes which they have no power to destroy, and scarcely any liberty to describe in Parliamentary petition ;' that they (the Convention) are sensible that it is almost a mockery of jus tice to ask the starving to be submissive and to bow their famished bodies to the footstool of oppression ;' that they have expressed their hostility to the system which has strip ped you, misled you, repressed your murmurs by force, suti dued your complaints by a demonstration of steel and threatened butchery ;' and finally, begging them to wait, like themselves, with patience and subdued feeling,' the answer of Government, on which they are now ' preparing to advise on the future course to be pursued.' All this is not formidable, but it may 'rhe Post says soon become so." We do not argue that the Income-tax is without grave objections and great faults. We cannot arg,ue for that, because we do not believe it. We account the In come-tax to be a very great hardship upon the greater number of those who will have to pay it. In some respects it is a very objectionable tax. But its redeeming quAlity is that it spares the poor. It does not, to the same degree, or nearly to the same degree, as any other tax would, abridge the poor man of his comforts, or render him unable to obtain a fair supply of the necessaries of life for his family. But the Whig-Radicals exclaim that the poor, though not directly charged with the Income-tax, are not independent of its operation—that it is to them a real injury. This we do not deny, but we complai that nothing but the bad side is held up by the Whigs to publicn observation." The following is from the Advertiser :—" In rejecting the motion of Mr. 'I. Duncombe last night, the House of Commons most flagrantly violated the Constitution, and committed a breach of trust which in the ordinary relations of civilised life would subject the perpetrators to the penalties of the criminal law. Mr. Duncombe moved that the National Petition, signed by upwards of three millions of people, presented on the previous day, be taken into consideration, and that the petitioners be heard at the bar of the House, by themselves. their counsel, or their agents, in support of the allegations of that petition.' Leaving out of the question, for the moment, the policy or impolicy, justice or injustice of the claims put forth in the petition, we contend that the House of Commons cannot adduce the shadow of justification in refusing to hear expressed at its bar the opinions of three millions of the people —from whose supposed representation it derives its power." MOZir7tyr—TILES.IIE — CO I VIVLERO 76 . The Southwark-bridge Company held their annual meeting yesterday, when the Report stated the total amount of the bridge-traffic to have been nearly 4,0001. for the year, and the net profit of the pier to have exceeded 3001. The annual meeting of the Church Missionary Society was held yes;erday_ at Exeter Hall. Missi o n ar y labours in India, Africa, New Zealand, and other British Colonies were reported to have been successful. The total amount of the year's re ceipts was 90,8211., and of the expenditure 110,8081 , leaving a deficiency of 19,987/. The 10th anniversary of the Literary Association of the Friends of Poland was held yesterday, in the Sussex Chamber, St. James's, when the Report stated there were now 40 Poles dependent on the Institution, being two more than last year. The fete at Stafford liouse, as'isted by Mademoiselle Rachel, produced 8761. The Guildhall entertainment, aided by Miss A. Kemble and Miss Rainforth, 7361. Subscriptions of 6601. were announced, and a separate donation of 1501. for educa tional purposes. Above 4,0 sail of vessels have been detained in the Channel by the late east winds ; the arrivals, in consequence, have been so few in the Pool, above Greenwich, that it appears almost deserted. Wharf and dock bus'ntss, and the trace of the ma ritime impeded by this cause , thousands of coal-whippers snhorernen have been dot of employment for weeks districts pa st. ia nnbdeg the h e course of to-morrow u p wards of two hundred sail may be expected in the river, several of them from the East Indies, with very valuable cargoes of silks, in digo, teas, &c. LAW A ND pOVICE. Mr. I. N. Wigney and Mr. Clement Wigney were yesterday re-examined by the rn....,rnmissio ners , and the examination of the former concluded ; th e i nves tigation into the transactions of the latter gentleman will be proceeded with in private to-day. A final examination is fixed for the ensuing 16th of June, and the audit for the 10th of O c tober. James Curzon, or Hu rr y man , charged with the murder of Duncan Crawford, on the Isle of Dogs, five years ago, under went another examination at the Thames Police Court yester day. The poisoner complained that a material witness in his behalf had been kept out of the way by the p olice inspectors, and in order to afford time f.r his app earance the Magistrate remanded the prisoner until Friday. The Old Bailey Sessions commence on Monday next, and it is supposed that Good's trial will take place, on the ensuing Thursday or Friday. Lord Denman takes the trial. n the Bankrutc of I Lcadenhall.str p et passed y his final examination. His Robinson, Court esterday, Thomas Robinson late amounted to 50,0001., and the asset' to 5,000/. ; this large deficiency being attributed to tallow speculations in 1840. At Marylebune Police Court a young foreigner, named Theodore de Folley, a flute player at the Opera-house, was held to bail in 100/., and two sureties to the same amount, on a charge of attempting to stab and shoot Mr. Bartlett, for many years a hairdresser and perfumer in Regent-street. It appeared from the statement of the r laintiff, that his wife had been seduced from him ; and as he met him on the previous evening he demanded h.s card, when the flute player first drew nut a dagger of bright steel, with an ivory handle, silver mounted, then a pistol, and ran off as fast as his legs could carry him, but was stopped by plaintiff and given into custody. prig - A piece of gold, weighis;ng five ounces and a half, the heaviest piece of unwrought gold yet found in Ireland, was picked up in the Wicklow mines r ecentl y . ZATZIMAIty AND SCLENTIrIC . The copyright of Rossini's new " Stabat Mater," has been purchased by Signor Gabussi, the Italian composer, for 10,000 francs. After the excitement it has created at Paris, Bologna. Milan, and Berlin, it is singular that in this country it has not h.3en pe , f , .rti•cd. I Mr. Calcraft's Dubtia Ineatro ltoyat closed on Saturday, BROWN V. KEATING. The hearing of this part-heard cause was continued tc-day. The facts present no feature of general interest. VICE-CHANCERY-(THIS DAY.) (Before the VICE-CHANCELLOR Of ENGLAND.) Causes of no interest, except to the parties cuncerned, occu pied his Honour, the Vice-Chancellor of England, the whole morning. His Honour Vice-Chancellor BRUCE did not sit to-day, in consequence, as was stated, of its being levee-day. ( Before Vice-Chancellor WIGRAM. ) IHALLALIEU V. MILLER. This cause was mentioned to-day, and was ordered to stand over until the Counsel had agreed upon a case. QUEEN'S BEIsCH.—(THIS DAY.) The Court was occupied with the ease of the Queen v. Elmes, which was a motion fora new trial, and merely involved points respecting a right of passage. This cause was likely to engage the Court the whole day. EXCHEQUER.-(THIS DAY.) The Court was occupied to-day in hearing causes upon the special paper, nor.e of which involved matter of general interest. *trontitl 1 ition SUN OFFICE Three o'Cloch The country has not yet done with cx-Plenipotentiary ELLIOT. That notorious personage who provided for the Press of India and Great Britain years of labour in recording his incapacity in China is destined, it appears, to re-fill the world with his fame as Consul-General to the Republic of Texas. The fact of his appointment was admitted by Sir R. PEEL in the House of Commons last night, and it must be allowed that the Right Hon. Baronet is good authority upon such a subject. Mr. austz, who asked the question, intimated that he should on an early day take the sense of the House respecting this appointment. The intimation is worthy of the 1 1 Honourable Member for Montrose, and entitles him to the thanks of the country. In the ticklish state of our relations with the United States, and in the unsettled condition of Mexico and Texas, it would be worse than folly—it would be highly criminal—to send out in any diplomatic capacity an individual so notoriously incom petent, so blunderingly mischievous , as Captain ELLIOT. This is the opinion of every man in this country, who knows anything at all about the condition of Texas, and how important it is that we should prevent, by every means in our power, the annexation of that young Re public to the United States. Not only the Liberal papers, but the whole of the Tory journals, have de nounced the appointment of Captain ELLIOT, as Texan Consul-General, as most disgraceful to any Government. In an article in the Morning Post of this day, evidently written before Mr. HUME put his question to the Premier last night, we find the following just and forcible re marks upon the rumour of such an appointment being contemplated: — It is generally understood that the lucrative and important post of Consul-General to the Texan Republic still remains un filled ; and we wish we could feel assured that the appointment is not kept open, and as it were in abeyance, until the casual good fortune of success in China shall have induced our kind-hearted people of England to look compassionately 1 on the hapless author of that foolish and discreditable war. Now, a post requiring greater delicacy and tact, combined with dignity and shrewdness, canreit well be imagined than that of an officer, whose duty it is rightly to represent the British Crown in so democratic and disturbed an atmosphere as that of Texas; and, on the ground solely of such a rare mixture, f per sonal requirements, we will not call the salary excessive. If Capt..in Elliot possessed but one qualification for the office, we might, perhaps, hesitate to object to him altogether; and, on the plea of Ministerial etiquette, we could fancy that the prorn . we made by one placeman should be accounted, more or less inviolate by another ; but, as things are, we exclaim strongly 1 against the possibility that Texas should receive the disowned one of Canton. It would be to insult a State whose goodwill it may prove better to insure. It is not yet too late for the Ministry to back out of this business. Whatever objection Lord ABERDEEN might have to get rid of the worst legacy left him by Lord PALMERSTON, we cannot suppose that Sir P. PEEL would peril the independence of Texas out of compliment to the partizan of a political rival. In the words of the Post, let Captain ELLIOT be left " over a perpetual teapot to amuse the gossips with his opium reminiscences." It is certainly not only the fittest, but the only fitting place for him. There are plenty of competent, able men, well acquainted with Texas and the United States, who would accept the appointment of Consul-General to Texas with pleasure. Such babbling and scribbling compounds of rashness and weakness as Captain ELLIOT, are not the men to represent, with advantage, the Majesty of England among the fiery republicans of one of the newest and most unsettled States in the world. We have had enough of Captain ELLIOT in the East. In mercy to ,ua and the Texans, we implore Sir ROBERT PEEL to spare them and us the infliction of his diplomatic agency in the West. "We have, given at length the judgment of Dr. LoanINGTON, in the Braintree case, delivered this day in the Consistory Court. It is one of considerable importance to rate-payers in general, and especially to those who object to Church-rates altogether.l About four years ago a vestry was held at Braintree, for the purpose of making a rate for the repair of the church, when a majo rity decided against the rate, but, notwithstanding this decision, the minority proceeded to levy a rate which was refused, and an appeal made to the Superior Courts. The question was argued in the Court of Queen's Bench, which decided that the rate was invalid. It was then heard before all the Judges, when the find ing of that Court • was confirmed ; but Chief Justice TINDAL, in delivering his opinion, observed that, as in the case of a Corporation, when the majority refused to act, the minority of the vestry, with the Churchwarden, might be justified in levying a rate for the necessary repairs of the church. The minority, on the authority of the Learned Judge, commenced anew, and sued a parishioner for non-payment. The case was argued at length in the Consistory Court, and after mature deliberation, Dr. LUSHINGTON gave judgment this morning, deciding that the rate was still invalid. The rejection of Mr. DIiNCOMBE'S motion, for allow ing the working people of this country to explain their grievances at the bar of the House of Commons, cannot fail to make a very deep and very painful impression upon the country. The House was not asked, as the Eight Hon. Member for Edinburgh most unfairly re presented, to concede the Charter. All that was sought was a hearing of the miseries of the peoples which might or might not be m ade to inc l ude the suggtion, on their part, of what they concluded to be the best remedies. It was juFtly stated by Mr. HumE, that the surest way of preventing revolutions was to listen to the com plaints of the people ; and we are apprehensive, that if the House persist in the course recommended by Mr. 'MACAULAY, we may live to see a re!roht tion in England. The cries of Ihe pour for reitef show that they are sick at heart. Parliament is bound 11 1