The Sun. — London, England, 1834-08-09 00:00:00

Learried Sergeant of the entire innocence of the youth that he in closed his check to his father for 521. 10s., the amount of his fee, and said that no case had ever given him so much uneasiness as the fatal and unalterable decision that had been made against his son. For as the law stands this pious and excellent youth, who is educat ing for the Ministry, can make no appeal, nor can he, as he has as certained, indict her for perjury." The statement contained in this letter showed, he thought, the extreme difficulty that existed in cases of this nature of prov ing the fact of illicit intercourse ; but he knew it might be said that all danger on this head would be obviated by the proviso added to the clause in another place, and which was to the effect that the mere evidence of the woman would not be sufficient to establish the liability of the father. He did not profess to be much conversant in questions of evidence, but he at the same time could not see how in offences of this nature it would be possible to adduce any other testimony than that of the woman. With respect to the effect which his Right Rev. Friend stated this Bill would have on the morality of the female, he would make a very few observations. His Right Rev. Friend said that this Bill would leave the un fortunate woman nothing to hope, and every thing to fear ; but how stood the fact ? Why, that by the existing law the woman had nothing to fear and every thing to hope.—( Hear.) That was on all hands admitted to be a defect in the present law, and that was one of the evils which was proposed to be remedied by . this Bill.—( Hear, hear.) His Right Rev. Friend con ceived that this Bill would have the effect of inducing the woman to commit this offence repeatedly ; but he would ask their Lordships what imaginable temptation it would hold out to her to persevere in a course of crime? It was, he con tended, the present law, and not that now proposed for adop tion, which held out the temptation • for had they not abund ance of evidence to show that abandoned women committed this offence merely for the sake of acquiring such a dowry as would lead, he must say, not less abandoned men to marry them? The whole of his Right Rev. Friend's argument, how ever, proceeded upon the assumption that bastardy would be increased rather than diminished by the new law, whereas the supporters of the measure contended that the effect of the change would be to reduce rather than augment bastardy. Another of the fallacies in which his Right Rev. Friend in dulged was, that the unfortunate female would be left desti tute of all relief; but was it not plain to every understanding that such would not be the case unless through her own fault ? —( Hear, hear.) It was true that the relief was t o b e a ff or d e d to her only in the workhouse, but, as means were provided for her relief if she chose to avail herself of them, was it fair to state that the effect of this Bill would be to place her in a situation of utter destitution.—( Hear.) His Right Rev. Friend had barely touched upon one evil which he admitted to be of enormous magnitude, and that was the evil of infanti cide. That was a point which he could assure their Lord ships had not escaped the attention of the Commissioners, although they had deemed it right, for reasons that must be obvious, to deal with it somewhat briefly.—( Hear, hear.) The same reasons would prevent him from entering at large upon this part of the subject, and he thought that their Lordships would agree with him that it would be neither convenient nor expedient to discuss it at length upon an occasion like the present. He, however, believed that in stances of infanticide were rare, and his conviction was that this Bill would render them of less frequent occurrence. In general this certainly most heinous crime was perpetrated, not under the influence of an apprehension that either the mother or her offspring would starve, but rather from a sense of shame, and the desire of secreting from the world the disgrace which the publicity of the fact that a woman bad given birth to an illegitimate child entailed upon her.---( Hear.) When the ne cessity of going before a public tribunal to affiliate her offspring was spared to her the door for penitence and reformation would still be open ; and, as they knew from experience that where the first indiscretion was kept secret the instances of a second violation of chastity were few, instead of speculating upon the mischiefs which might by possibility result from the measure, they had a right to assume that its tendency would be most salutary and beneficial to females themselves.—( Hear.) Where the female member of a respectable family unfortunately deviated from the paths of virtue secrecy had often been known to afford her an opportunity of retrieving her character ; but although he was satisfied the heads of families in which such incidents oc curred would entirely approve of this Bill, he was aware of the delicate ground on which he stood, and by no means wished to utter a syllable that could be construed into anything like an attempt to diminish the shame, the real disgrace, attached to the offence. His Right Rev. Friend had quoted the autho rity of some eminent jurists, and referred to the opinions of others in support of his objections to this part of the Bill ; but, not having those quotations before him, or recollecting them with sufficient accuracy, he was of course unable to determine the weight to which they were entitled. But this he would say, that, however high the authority of either Montesquieu, Grotius, or Puffendorff undoubtedly were, that of the eminent individual to whose writings he meant to refer was not less deserving of their Lordships' attention than the opinions of any writer of either ancient or modern times. The eminent individual whose sentiments he meant to use on the present occasion was, he could say with out flattery, in many essentials, the equal of any philosopher that ever lived ; and, when he asserted that he was not infe rior either in piety, zeal, talent, sagacity, or learning even to his Right Rev. Friend himself, he thought their Lordships would at once perceive that he alluded to Dr. Chalmers— ( Hear, hear)—whose incomparable work their Lordships would do well to master—he meant Dr. Chalmers's invaluable work called " The Civil Economy of Large Towns." In that book he found a passage bearing expressly upon the question now under discussion, and as that passage completely embodied his sentiments he would trespass on their time no longer than was necessary for reading it. The Right Rev. Prelate then read as follows : " There is a sensitive alarm sometimes expressed lest on the abo lition of legal charity there should be no diminution of crime, while the unnatural mothers, deprived of their accustomed resource, might be tempted to relieve themselves by some dreadful perpetra tion. It might serve to quell this apprehension, and to prove how nature bath provided so well for all such emergencies as that she might safely be let alone, to consider the following plain but in structive narrative from the parish of Gratney, contiguous to Eng land, and only separated from it by a small stream. The Rev. Mr. Morgan, its minister, writes me that, To females who bring ille gitimate children into the world we give nothing. They are left entirely to their own resources. It is, howeyer, a remarkable fact that children of this description with us are more tenderly brought up, better educated, and, of course, more respectable and more useful members of society, than illegitimates on the other side of the Sark, who in a great many instances are brought up solely at the expense of their parishes.' " This comparison of parishes, lying together in a state of juxta position and differing only in regimen, proves with what fearlessness a natural economy might be attempted; not, we admit, in reference to cases which already exist, but certainly in reference to all new cases and new applications. The simple understanding that in future there was to be no legal allowance for illegitimate children in a parish would lay an instantaneous check on the profligate habits of its people. The action of shame and prudential feeling, and fear from displeased, because now injured and oppressed, relatives, would be restored to its proper degree of intensity ; would be surely fol lowed up by a diminution of the crime ; and as to any appalling consequences that might be pictured forth on the event of crime breaking through all these restraints, for this too nature has so wisely and delicately balanced all the principles of the human con stitution that it is greatly better to trust her than to thwart and interfere with her. " She bath provided in the very affection of the guilty mother for her hopeless child a stronger guarantee for its safety and its interest than is provided by the expedients of law. This is forcibly illustrated by the state of matters at Gratney, and might help to convince our Statesmen how much of the wisdom of legislation lies in letting matters alone." With this testimony he would conclude his observations ; but he could not sit down without saying that it was with no or dinary pain that he felt himself compelled to differ from his Right Rev. Friend, whose master mind he fully appreciated, and whose sentiments on almost all other subjects he bowed to with the utmost deference.—( Hear, hear.) It was, however, most satisfactory to him to know that in the result at which he had arrived on this most important subject he had the entire and unconditional concurrence of his Right Rev. Friend, whose name must give authority to any opinion he might entertain, that these clauses were neither contrary to • the law of God nor opposed to justice.—( Hear.) The Right Rev. Friend of whom he spoke was the Bishop of Chester.N Lord W YNFORD should certainly vote for the amend.. meat. of his Right Rev. Friend. The law as it now stood threw they whole burden of illegitimate children on the father; and, without referring to authorities, nature itself proved the justice of this provision, for he was the stronger and the better able to provide for them. The question was, whether, if the father of the child could be found, ought he not to be compelled to provide for it? The claim upon him was greater, and his wages were more in proportion to meet that claim. Circum stances rendered the mother incapable of providing for her off spring, at least for a considerable time after its birth ; and to attempt to force her to do so, he would not call unjust but in human. His Right Rev. Friend who had last spoken, in ar guing against the objection respecting infanticide, urged the finer and more tender feelings of woman as a protection against this evil. It was certainly due to woman to admit that she felt most strongly; but who could say whether the very intensity of those feelings, when changed to hatred, might not render the danger greater? When her seducer changed from tenderness to neglect—when he, who promised honourable marriage, and won her under the pretext, left her to the scorn of an unpity ing world —may not those finer feelings change to fierce ones ? Was it not known that they often did so ? and then might she not look upon her child as the cause of her disgrace, connect it with the father's crime and cruelty, and view it only as a thing reminding her of her misery? Might not feelings such as these lead to other horrid crimes ; or the dread of not being able to provide for a coming child, induce them to resort to means which would prevent the birth ? It had been stated by Noble Lords not now in their places, that even where the present law was rigidly acted on, such things have occurred. Would not the occurrence be likely to be more frequent under the proposed law ? It had been said that it was difficult to carry the bastardy laws as they now exist into effect ; but the cases adduced by the Right Rev. Prelate rather proved the contrary. The proposed Bill would, as he believed, increase the amount of the poor rates. The number of bastards would not be reduced, and the parish should bear the expense. As to what had been said of this measure ren dering th e woman m ore cautious, he did not think it would have any such effect. He was too old not to know the lan guage of seduction—(A laugh)—but he was certain that the argument with regard to children was not the one resorted to, a - promise of marriage being of more avail ; and if there were no consequences to prevent the man—if he were free to roam • in quest of gratification for his illicit passions, indulging them • to any extent, the burden on the parish would be immensely increased. The LORD CHANCELLOR said, by what had fallen from the Right Rev. Prelate who had moved the amendment, it appeared that he laboured under a misapprehension with re gard to those clauses, and took it for granted that the clause Z a r which went under the name of the_ Hon. Member for Somerset . • would be struck out of the Bill. It Certainly was out, as the tiC , Bill now stood, but the Noble Duke (Wellington) had one or two clauses to introduce which would effect the object of the omitted clause in a much better and safer manner. The clause under discussion had drawn forth some disgusting observations on the Right Rev. prelate, which he had condescended to notice, and he was charged with oppressing females, and en couraging masculine immorality. He (the Lord Chancellor) would not stoop to rebut these charges, though it was easy to say that those who advocated the old system encouraged im morality, countenanced conspiracy, and abetted fraud and per jury. He would not say that those who were opposed to him were guilty of suborning such crimes ; but if those to whom his Right Rev. Friend alluded were in his (Lord Brougham's) position, they would not hesitate to make the charge. With regard to the question before them, their Lordships must see the value of the facts stated by his Right Rev. Friend. He was aware that there were many persons whose imaginations could be easily excited by stirring them up to a dread of infanticide ; but on this point the facts were with those who support the clauses. The practice of other countries proved that this fear was unfounded. If it were said, confine your view to England, he would reply that he would not be content with one view of the subject. He knew how the old system worked here—he was aware of its evils—and he was warranted in going beyond sea to seek a remedy for them. In France, before the time of the Code Napoleon, the law with regard to bastardy was the same as ours, and a great deal of infanticide was the con sequence. When the law was altered bastardy became greatly diminished, and would have still more decreased, but for the cruel policy of Napoleon, who encouraged population, and countenanced foundling hospitals, which no one would deny were calculated to increase illegitimate births. Napoleon en couraged these hospitals, and the diminution of infanticide was not as great as it otherwise would have been. Those hospi tals were now done away with, and the good consequences were on the increase. In Belgium, under the old system, in fanticides amounted to two or three hundred, they were now reduced to but about three or four. In Ireland, where there was no penalty on the man, there was no infanticide. In no part of the known world was this crime (he would not say less) so little known as in Ireland. It would be violating the pledge he had made, and uselessly adding to the observations made by his Right Rev. Friend, if he occupied their time longer; nor would he delay the Noble Lord, who was about to succeed him, as he knew the impatience of delivery and the pain of postponing the happy moment, which, in some instances, ex ceeded that of postponed parturition. Lord FALMOUTH said that it had been forgotten in the course of the debate that the inducement to false swearing would be removed if the money levied on the father of the child were not handed to the mother. The Duke of RICHMOND thought that the father ought to help to support his illegitimate child, and he should there fore have voted for the motion of the Right Rev. - Prelate but for some other considerations which he entertained. He must admit, that in the experience he had had in the country in his magisterial capacity, he had seen that great injustice was often done to persons who had illegitimate children sworn to them, because they could not find sureties. They were sent to gaols, where they were sometimes confined for a considerable period, their associates being persons of most abandoned character. He was most anxious to have the law altered in this respect, but he could not bring himself to consent to its alteration, un less he found that their Lordships would adopt the clause which had been proposed by an Hon. Baronet in the other House, and which, he was happy to learn, was to be embodied in some clauses that the Noble Duke intended to introdnce. Lord TE YNHAM would vote for the omission of the clauses. He believed that there were 100,000 women at this moment pregnant with illegitimate children—( Great laughter) ; —the proposed law, therefore, would have an ex post facto effect, which appeared to him a strong reason for opposing it. He denied the fact, as it had been stated with reference to France, by the Noble and Learned Lord on the Woolsack. The law of France was altogether different from that of this country, since in France they had abolished the law of pri mogeniture. The women of France got husbands by their virtues ; in England women got husbands by their big beliies. —(Much laughter.) The Marquis of WESTMINSTER intended to oppose the clauses to be brought in by the Noble Duke. He was favourable to the Bill in its present shape. The Bishop of EXETER had not seen, though he had heard, of - the attack made on his Right Rev. Friend ; and he must say, with reference to that attack, that there was no man in this House, or elsewhere, to whom he would more entirely give credit, not only for the purity of his motives, but for the zeal with which he had exerted himself to carry into effect this measure, of which he no doubt conscientiously approved.— ( Hear, hear.) Their Lordships then divided on the clauses. Contents—Present Proxies.. 42 40 -S2 Non Contents—Present Proxies -71 Majority against the amendment. On clause 68, The Marquis of LANSDOWNE moved, by way of amend ment, the insertion of a provision to exempt the mother of a bastard child from imprisonment or any other penal punish ment inflicted under the present law. The amendment was agreed to without any observation. On clause 69, 'The Marquis of LANSDOWNE moved as an amendment, " until such child shall have attained the age of sixteen." The effect of this amendment would be that the child should not follow its mother's settlement beyond that age. This amendment was also agreed to. On clause 69, The Duke of WELLINGTON said that he had several clauses to propose, by way of amendment, which had for their object to alleviate the severity of the Bill towards the female. The Noble Duke then read his clauses, which provided— " And be enacted, that when any child shall hereafter be born a bastard, and shall, by reason of the liability of the mother of such child to provide for its maintenance, become chargeable to any pa rish, the overseers or guardians of such parish, or the guardians of any union in which such parish may be situate, may, if they think proper, after diligent inquiry as to th e f a th er o f such child, apply to the next General Quarter Sessions of the Peace within the Juris diction of which such parish or union shall be situate, after such such child have become chargeable, for an order upon the person whom they shall charge with being the putative father of such child, to reimburse such parish or union for its maintenance and support ; and the Court to which such application shall be made, shall proceed to hear evidence thereon, and if it shall be satisfied, after hearing both parties, that the person s o c h arge d i s rea ll y an d in truth the father of such child, it shall make such order upon such person in that respect as to such Court shall appear to be just and reasonable under all the circumstances of the case. Provided al ways, that no such order shall be made, unless upon the evidence of the mother of such bastard child, or unless such evidence shall be corroborated in some material particular by other testimony to the satisfaction of such Court, nor if it shall appear that the mother of such bastard child had at some previous time been delivered of an other bastard child : Provided, also that such order shall in no case exceed the actual expense incurred, for the maintenance and sup port of such bastard child while so chargeable, and shall continue in force only until such child shall attain the age of seven years, if he shall so long live : Provided also, that no part of the moneys paid by such putative father in pursuance of such order, shall at any time be paid to the mother of such bastard child, nor in any way be applied to the maintenance and support of such mother. " And be it enacted, that no such application shall be heard at such sessions unless fourteen days' notice shall have been given, under the hands of such overseers or guardians, to the person in tended to be charged with being the father of such child, of such intended application ; and in case there shall not previously to such sessions have been sufficient time to give such notice, the hearing of such application shall be deferred to the next ensuing General Quarter Sessions : Provided always, that whenever such applica tion shall be heard, the costs of the maintenance of such bas tard child shall, in case the court shall think fit to make an order thereon, be calculated from the birth of such bastard child, if such birth shall take place within six calendar months previous to such application being heard ; but if such birth shall have taken place more than six calendar months previous to such applica tion being heard, then from the (lay of the commencement of the six calendar months next preceding the hearing of such appli cation. Provided also, that if, upon the hearing of such applica tion, the court shall not think fit to make any order thereon, it shall order and direct that the full costs and charges incurred by the person so intended to be charged in resisting such application, shall be paid by such overseers or guardians. " And be it enacted, that if such person so intended to be charged shall not appear by himself or his attorney at the time when such application shall come on to be heard before such Court, according to such notice, such Court shall nevertheless proceed to hear the same, unless such overseers or guardians shall produce an agreement under the hand of such person, to abide by such order as such Court shall make thereon without the hearing of evidence by such Court : Provided always that such Court may, notwith standing such agreement, require that evidence shall be given in support of such application if it thinks fit, before such order is made And be it enacted, that whenever such overseers or guardians shall have determined to make such application as aforesaid, it shall be lawful for one Justice of the Peace, at the request of such overseers or guardians, to summon the person so intended to be charged with being the father of such bastard child to appear be fore him ; and if such Justice shall be satisfied that such person has any intention to abscond or keep out of the way in order to avoid the consequences of such application, such Justice may require such person to enter into a recognizance to appear and answer thereto ; and in case such person shall refuse to neglect or enter into such recognizance, may commit such person to the gaol or House of Correction of the county, riding, or division, within which such parish shall be situate, until he shall enter into such recog nizance, or until such application shall be heard. " And be it enacted, that if at any time after the expiration of one calender month after an order shall have been made in pursu ance of such applicatien, it shall appear to one justice, upon the oath of any one of such overseers or guardians, that the payments directed to be made by such order have not been made according thereto, and are in arrear, it shall be lawful for such justice, or any other Justice, by warrant under his hand and seal, to cause such putative father of such bastard child to be brought before two Jus tices of the Peace ; and in case such putative father shall refuse or neglect to make payment of such sum of money as shall appear to such Justices to be due from him under such order, together with the costs of apprehension, it shall be lawful for such or any two Justices to proceed to recover such sum and costs by distress and sale of the goods and chattels of such putative father, or by attach ing the wages of such putative father for the recovery of such sum and costs, in the same manner as wages may be attached under the provisions of this act." The Marquis of WESTMINSTER cordially seconded the motion. Viscount MELBOURNE quite concurred in the propriety and advantage of the proposed clauses, which he considered fully calculated to put an end to the many cases.of perjury and hardship which but too notoriously occurred under the present system. The Bishop of EXETER opposed the clauses, which he described as a consummation of the iniquity of the Bill. He denied that it was an act of kindness to the female : on the contrary, it was not till she had worked herself to death, and been compelled by utter exhaustion to apply to the parish, that she was to be assisted ; and even then the money which was obtained from the father was not to be given to the poor woman, but to the pqrish. The Duke of RICHMOND was surprised at such observa- THE SUN, LONDON, SATURDAY, AUGUST 9, 1834. tions falling from the Right Rev. Prelate. He should like to know how the case stood now ; whether parishes ever gave a far. thing to the woman till she applied for it ?—( Hear, hoar.) The Marquis of SALISBURY supported the clauses. The Duke of Wellington's clauses were then agreed to. The Bill was then passed. The Church Temporalities' Bill was read a second time, and ordered to be committed on Monday, with an understand ing that the discussion on its merits should then take place. The Cinque Ports Pilots Bill was read a first time, and or dered to be read a second time on Tuesday. The Abolition of Fines and Recoveries (Ireland) Bill was read a first time. To be read a second time on Tuesday. The House then adjourned at a quarter past ten, to twelve o'clock this day. HOUSE OF COMMONS, August 8. The SPEAKRR resumed the Chair at ten minutes past five. Returns were presented from the Commissioners of the Royal Military Canal, which were laid on the table. Mr. R. CARTER presented a petition from the Licensed Victuallers of Portsea, against the increase of the duty on licences. The ATTORNEY-GENERAL presented a petition from writers, procurators, solicitors, and attorneys, of the Royal Burgh of Ross, against the attorney tax ; also a petition signed by the Lord Provost and several thousand inhabitants of Edin burgh, praying assistance for the House of Refuge for the Des titute. The Hon. and Learned Gentleman gave notice, that at the very commencement of next Session he should move for leave to bring in a Bill for the abolition of imprisonment for debt, except in cases for fraud—( Hear; hear)—also a Bill to render more secure the execution of wills respecting pro perty real or personal ; also a Bill for the enfranchisement of copyholds and the improvement of all tenures. Mr. HILL brought up the report of the Committe on Baron de Bode's case. Captain GORDON presented a petition from licensed distillers of a place in Scotland, praying to be placed on an equality with the Irish distillers as regarded the duty upon spirits. Mr. JONES presented a petition from Londonderry in sup port of the Established Church. Mr. JAMES OSWALD brought up the 45th report of the Committee upon public petitions. Mr. RUTH VE N moved for a return of the quantity of tea sold at the last June sale of the East India Company— Ordered. The same Hon. Member presented a petition from an individual of the name of Charles Malone, of Kildare, complaining of being deprived of a pension and claiming compensation. considered the Irish Tithe Bill as one of the best answers ever made to the cry for the repeal of the Union ; and that, con nected with the generosity which this country had exhibited on the occasion, it would do more to cement the Union, than any act which could be imagined. If the Hon. and Learned Gentleman's predictions were to be verified, and if the Bill were to fail, the Church of Ireland was gone. Mr. RUTH VEN agreed with the Right Hon. Gentleman who had just spoken, that if some such Bill as the Irish Tithe Bill were not adopted, there would be an end to the Protes tant establishment in Ireland. Colonel O'GRADY was in constant communication with his constituents, and he was happy to say, that out of all the clergy who resided in the county which he had the honour to represent, he had not received a single letter against the Bill. He understood, also, that all the gentlemen of the Grand Juries of Cork, Limerick, and Kerry, concurred in entertain ing a favourable opinion of the Bill. He trusted that it would succeed. Mr. LE FR 0 Y was satisfied, whatever certain persons might have communicated to the Right Hon. Secretary for Ireland, that the great body of the laity would never join the conspirators in their endeavours to overturn the Church of that country. Mr. HUME said the present measure was undoubtedly one of great liberality, and if defeated, would never lac followed up by anything half so advantageous to the Church.—( Hear, hear.) The Hon. and Learned Recorder of Dublin (Mr. F. Shaw) would surely not allege that the clergy were indifferent to the peculiarity of their present situation, or that they did not know their own interest. If they did not choose to take what was now offered, she (Mr. Hume) would tell him that they might go without—( Hear, hear)—for that House, he was satisfied, would vote them no more of the English money.— (Cheers.) Therefore let them take that or none.—( Hear.) That was the understanding, and it must be abided by.— (Hear.) But what they had done he (Mr. Hume) con tended was wrong—it was wrong to vote 100,000/. to keep up the Church in Ireland. Instead of thus voting money to keep it up—they ought rather to cut it down to the real wants of the Protestant portion of the community. They burthened the Exchequer, and did not do away with the dissa tisfaction.--( Hear.) He wished in that, the last act of the session, to say a word or two to his Majesty's Ministers. And he must tell them plainly, that the country had been wholly disappointed in the reasonable and just expectations which they had formed of amelioration and reform. Before the Par liament met, the people had naturally been indulging the hope that substantial reforms were preparing—that during the re cess Ministers were maturing and perfecting those plans of re lief which naturally sprung out of those great measures of re form. They had indulged the hope not only of reforms of a civil and financial character, but of a great and searching re form of the abuses connected with the Church establish.. ment, and the Sovereign himself from the throne had ad verted to these necessary reforms, thus giving the fullest sanction to them. They had also expected that those who were looked- upon in some degree as an exclusive class in the country—as men beneath their fellow men be longing to another creed--would receive an early and full relief from disabilities under which they had too long been permitted to labour.—(Hear, hear.) Did the acts of his Majesty's Ministers satisfy any of these reasonable expec tations ? Assuredly not. Why, what was the amount of all that had been effected by the Government ? Only one Bill which could be called a public Bill—that for the amendment of the poor laws—had yet been passed. The Tithe Bill had been carried through that House certainly, but it was not yet passed. Every other measure introduced by his Majesty's Ministers had failed. At the same time he must admit there were some redeeming matters on which the public might look with satisfaction. They had fortu ' nately removed from the Cabinet the members who were most strongly adverse to those reforms on which the people were most bent.—( Hear.) He certainly could congratulate the country on being in a better situation in this respect. He did not wish to refer, in support of what he said, to any of those Hon. Gentlemen who more peculiarly coincided in his views and acted with him, but he would appeal to the most moderate man in that House to stand up and say if the expectations of the people had not been most signally de feated ?—( Hear, hear.) He trusted these complaints would not have to be made at the close of the next session. He hoped for better things. They had now got a Government which he hoped, by its acts, would prove itself a firm, steady, and liberal one. If this were the case, the people would soon cease to complain—they would not look back with dissatisfaction, but would rather look forward with confidence and hope.— ( Hear, hear.) He would, before sitting down, take the liberty of saying a word or tw o t o th e N o bl e L or d the Chancellor of the Exchequer. The Noble Lord and his colleagues had now time to look about them—they had six months before them in which to prepare those measures which must infallibly be de cided during the ensuing session of Parliament. Those mea sures must necessarily be of a bold and decisive character, or "they would not be final. They must have in that House no more piecemeal legislation —no scrap-work—no bit of reform here and bit of reform there—but they must have those large and comprehensive measures which would have regard to the interests and the welfare of all.—( Hear, hear.) They must cut down the Irish Church to its proper dimensions—they must give the most ample relief to that class which, in his opinion, formed the majority of the people—they must apply themselves to the reform of the Church of England—they must do away with the abuses of corporations-4 Loud cries of " Hear, hear")—a subject, by the way, which the Noble Lord himself admitted to be next only in importance to the great question of reform itself; and they must again go unsparingly to work in reducing the expenditure of the country. With respect to the latter subject, be had no hesitation in saying, that considerable reductions might be made in several of the great departments without impairing the efficiency of any branch of the public service. The collection alone of the public revenue amounted to between three and four millions a year, and this, he was satisfied, without doing injury to any party, or to the state, might be reduced by one-third. The Noble Lord (Althorp) had on many occasions expressed him self friendly to the consolidation of various departments of the public service. Now, what was there to hinder the Noble Lord from consolidating the Excise, Customs, and Stamp Du ties Offices ? The army, navy, and, above all, the ordnance, must in the next Session be greatly reduced. By the weak ness of the late Administration the control of the army was taken from them, and, therefore, there could be no great wonder that reform had not been more efficient. Was the army still to be beyond the control of the Government ? Such a state of things ought never to have been, and if it did con tinue, means ought to be , promptly taken at once to put an end to Hear, hear.) The army was far too great--its nu merical amount ought to be reduced. Now that they had ap plied a real and substantial remedy to the great grievance of Ireland—and a costly one it was for this country—they had a right to expect a reduction of ten to twelve thousand of the twenty-four thousand soldiers at present quartered in that country. If the sacrifices made by this country were not to be followed up by such results, where, in the name of God, was the policy in agreeing to them ? He, and he was sure the country at large, would look for most material reduc tions in the expenditure for the army, as well as that for the Colonial and the Ordnance Department. Why, in the latter department he found that the salaries of officers for preserving the stores amounted to very nearly twice as much as the stores themselves : the stores cost 40,0001., the charges for management 73,000/. Could any one suppose the country would rest satisfied with such glaring abuses ? The fact was the whole of the military branches ought to be consolidated., These ameliorations must be followed up by others, more especially those which bore upon the manufactures and pro ductive industry of the country. Ministers must meet the question of the Corn Laws fairly and manfully, and if they gave way to a little pressure from without, he (Mr. Hume) did not think they would do the less justice to the manufac turer. Those laws injured all classes without doing any real or permanent good to that one which it was intended should be benefitted by their enactment. They, in fact, starved one portion of the community on the plea of giving warmth to the other. However, he should not go further—he thought he had made work enough for the Noble Lord--( Hear, and laughter)—and yet net more than with his many assistants he was able to accomplish. Let it be recollected the Noble Lord had plenty of hands to assist him—it was his duty to direct— to divide and portion out the work—he was the good genius to whom the people looked to superintend those ameliorations which other individuals must shape into forms. And if he, the Noble Lord, only laid down the principles upon which the subordinates were to act, neither he (Mr. Hume) nor the people of this country would he thought have much reason to fear the result.—( Hear.) Lord A LTHORP said he would not attempt to follow the Hon Member for Middlesex through all the details of his speech, but would confine himself to one or two observations on the main points which he had brought under the considera tion of the House. As to the estimates for the different branches of the public service he must say that he perfectly agreed with the Hon. Gentleman that they ought to be re duced to the lowest amount consistent with the due efficiency of the public service. —(Hear.) He certainly felt it his duty to reduce them as much as possible: but he would put it to the House whether his practice had not been in accordance with his creed—whether real and substantial reductions had not been effected by the Government to which he belonged 2 (Hear, hear.) Then as to consolidation of offices, the Hon. Member had certainly not mistaken his (Lord Althorp's) opinions. He always approved of such a course—he had al ways a dopted it when it was possible to do so. At the same time the principle might be carried out to too great an extent, and this he considered would be the case if the Customs and Excise Departments were consolidated. The public service would, he was sure, be inconvenienced by the adoption of the principle in this instance. Indeed he did not hesitate to say that great confusion would be the result. But the Hon. Member said " how little has been done 1" He (Lord Al thorp) would wish the House to look back. He would freely admit that more might have been done, but he really be lieved that no one would fairly charge the fault to the Go vernment. --(Hear, hear.) He would ask the Hon. Gentle man (Mr. Hume) if he did not think it right to pass the estimates early in the Session ?—( Hear, hear.) Then if it were so, how would Government force on Bills of a compli cated nature, involving, perhaps, new principles, and, if not, so various, and important details ?—( }fear, hear.) Every day on which the courtesy of the House had given priority to the Government, Ministers had strenuously exerted themselves, certainly not to force their measures through, but to get them on as rapidly as was consistent with their own intrinsic im portance, and with the respect which was due to the members of that House. The estimates were not passed till Easter, and then the Government had pressed on the Poor Law Bill, esteeming it of greater importance perhaps than any other. But many other important subjects had been entertained though not introduced by the Government, and many discus sions had taken place, which he hoped would be productive of good. If the government, however, was to blame, he (Lord Althorp) was the person on w h om t h e censure of the House WEST INDIA COLONIES. The SECRETARY for the COLONIES, in ansiver to a question from Mr. Wilks respecting the moral and religious instruction to be afforded to the apprenticed labourers of the West India Colonies, sad that it certainly was a question of great importance, and all he could say was that the subject was at the present moment under the consideration of the Go vernment, and he hoped that they would be able to adopt some plan by which instruction should be afforded to this class of persons upon a liberal and comprehensive system.—( Hear.) OMNIBUS NUISANCE. Col. EVANS, after referring to the nuisance occasioned by the increased number 3f this species of vehicle, begged leave to ask whether there would be any objection to issue direc tions to the heads of the police, to direct them to be more vigilant in removing or lessening the nuisance. Mr. E. J. STANLEY said (as we understood) that there must be some additional powers granted to enable them to issue any additional directions. THE CASE OF MAJOR PITMAN. Mr. WILKS wished to know what had been done by the Government in the case of the Magistrate of the name of Pitman, who was sentenced by his brother Magistrate to pay a fine of 51. There was a general feeling in the country that this fine was an improper and unsatisfactory punishment, and that instead of fining this magistrate, they ought to have referred the case to the sessions. He wished also to know whether there had been any communication with the Lord Lieutenant of the County of Devonshire upon this subject. Mr. E. J. STANLEY said that the Government felt that the matter could not be in better hands than in those of the Noble Lord, the Lord Lieutenant of the county, and therefore left the investigation of the circumstances of the case to him. Lord EBRINGTON said, that as Lord Lieutenant of the County, he had felt it his duty to state to the Lord Chancellor the circumstances of this case, with the conviction that had been obtained. and the Lord Chancellor had, in consequence, felt it his duty to remove the magistrate in question (Major Pitman) from the commission.—( Hear, hear.) STARCH DUTY REPEAL BILL. Upon the motion of Lord ALTHORP, the Starch Duty Repeal Bill was read a third time. STONE BOTTLES DUTY BILL Upon the motion of Lord ALTHORP, the Stone Bottles Duty Repeal Bill was read a ilrst, second, and third time. SPIRITS DUTIES BILL. Upon the motion of Lord ALTHORP that the Spirits Duties Bill be read a third time, Mr. BL AM IRE wished to remind the Noble Lord of a pe tition that had been presented by him a short time since, from a body of respectable spirit dealers in Carlisle, complaining of various matters, particularly of the hardships they suffered by the system consequent on the carrying on of the smuggling that was practised, and wishing to know if any step was intended to be taken by Government with a view to put an end to such a system, This question he begged to put to the Noble Lord now. The petition also complained that the dealers were under great difficulties from not being allowed to carry on their business at any place save one, and that one " being a chartered fair. It was impossible for the dealers to know, in most instances, which fairs were chartered fairs, and he (Mr. B.) wished to know if any measure was to be adopted in respect of this. He hoped that the Noble Lord would, upon revising the law affecti.ig spirit dealers, endeavour to afford them some relief upon this. If he would, it would tend much to reconcile licensed dealers to the im posts now about to be imposed upon them. Lord ALTHORP said there was certainly nothing in the present Bill to affect the system of smuggling, either for the better or the worse. There always had been great difficulty in preventing smuggling. It undoubtedly was the duty of Government to do all it could to check it, and it would con tinue to use every exertion with that view. The means that had been taken, lately had had a very beneficial effect.—( Hear.) With regard to the chartered fairs, as distinguished from other fairs, if he (the Noble Lord) could find any means of defining such fairs, he would most gladly avail himself of any advantage that might be likely to be afforded by it. He would give the subject all the consideration he could. He was aware that the interpretation put upon the restriction of dealers not going to any fairs except chartered rairs was very strict, and stricter than it ought to be. The Bill was then read a third time and passed. Lord ALTHORP moved the'order of the day for the third reading of the Consolidated Fund Bill. Mr. G. F. YOUNG inquired whether any thing had been done to carry into effect the recommendation which had been made by the Committee on Official Houses to appropriate a house to the librarian of the House of Commons. Mr. HUME said that such a house was set apart, but in the possession of another person. Lord ALTHORP was understood to say that he was not prepared to answer the question. After a few words from Mr. RUTH YEN, Mr. ATTWOOD wished to ask the Noble Lord whether in granti ng suc h l arge sums of money, they were g iven to purchase th e d egra d at i on o f E ngland?—( Hear, He alluded to th e s t a t e o f a ff a i rs i n Poland, Turkey, an d Rus sia, and unless th e f ore i gn h onour of the country was suppor ted he should oppose e v er y A ppropr i at i on Bill. Lord ALTHORP was sat i s fi e d that the honour o f Eng land was perfectly secure.—( Hear. ) hear. ) Mr. H UME asked whether it was not intended to take 100,0001. from the Consolidated Fund, for the purpose of supplying the deficiencies of tithes in Ireland. Mr. LITTLETON said there was not any such intention. Mr. H UME said there was such a sum mentioned. Mr. LITTLETON said there was 100,000/. borrowed for the purpose of meeting the first demands of the clergy, and the deficiency of tithes occasioned by, the allowance of one-fifth,would be paid out of the Consolidated Fund. Mr. SHAW contended, that the whole system was a delusion, and that there never would be sufficient resources arising from the Perpetuity Purchase Fund, to pay the yearly demand of 100,000/. After a few words from Col. DAVIES and Lord ALTHORP, Mr. SHAW observed that the whole measure of the Irish Tithe Bill was a gross delusion ; and that any expectation of ever recovering. the mcney which was to be advanced to carry the Bill into effect, was entirely fallacious. Mr. LITTLETON expressed his firm conviction that the result would in all respects disappoint the Hon. and Learned Gentleman's expectations. But if it should not be so—if it should turn out that some sacrifice was necessary —it must be recollected that that sacrifice was for the pacification of an entire country. The measure was one to which the Protestant clergy of Ireland were looking with hope and confidence. Among other representations on the subject, he had received a communication from the whole of the Protestant clergy of the diocese of Dromore, declaring that if the Irish Titheßill were not to pass into into a law, they should regard the con sequences with the utmost apprehension and alarm. The order of the day was then read. On the motion that the Bill be now read a third time, Mr. S HAW declared that so far was the measure from being popular in Ireland, that he would undertake to say it gave almost entire dissatisfactidn in that country. His correspon dence with Ireland was more extensive than that of any other Hon. Member for Oat country, and than that of any member of his Majesty's Government; and he was well assured from that correspondence, that a majority of his constitutents were unquestionably hostile to the Tithe Bill. Mr. Secretary RICE observed, that the Hon. and Learned Gentleman, to be assured of that fact, must have had commu nications with twelve or thirteen hundred of his constituents. He (Mr. Rice) congratulated his Noble Friend, the Chan cellor of the Exchequer, on the great increase of the Post office revenue, which that circumstance must have occasioned. --(A laugh,) From what he knew of Ireland, however, he must utterly deny the Hanourable and Learned Gentleman's conclusion. If ever there was a measure which was consi dered to be for the good of the Protestant Church and the Protestant laity in Ireland, it was the Irish Tithe Bill. He was sure that the landlords of Ireland would give every possible facility to the arrangements on the subject. But in what condition would the Protestant clergy of Ireland be placed, if, instead of obtaining the advantages of the Bill, they were thrown back on the peasantry of that country, under new cir cumstances of excitement and discontent ? He was convinced that by placing the burden on the landlords they had got rid of the greatest cause of complaint and dissatisfaction. He ought to fall. The fault was in him if business had not been properly pushed. It was, he admitted, very possible —nay, he knew nothing more possible—than that he ( Lord Althorp) had not conducted the business in that House in the best pos sible manner; but of this he was sure, that he never inter rupted its due course by long speeches. —( Cheers and laughter. ) It was not by addressing the House oftener than his duty re quired--or by the length of those addresses—that the business of the country was impeded—(Hear)—and if it had been im peded, he ( Lord Althorp) really did not see what course he could adopt to remedy the evil. If, as had been suggested, he were to bring forward half a dozen important measures at the com mencement of the session, and to throw them at once upon the table, the only e ff ec t would be, that they would be obliged to abandon most o f th em , while the progress of those which were pressed forward would be impeded to a very inconvenient degree. He, therefore, considered that it would be the duty of the Government, first to select the measures of the most pressing urgency, and then to adopt the requisite steps for preventing any unnecessary delay to their discussion and pro gress through the House. He was not enabled, at the present time, to state what were the most important measures, but he could assure the Hon. Gentleman that the Government were resolved to introduce such as were necessary for carrying for ward, in a temperate and proper manner, the reform which he (Lord Althorp) admitted was required in various establish ments of the country. He sincerely hoped that the measures which they should introduce would be such as to meet the approbation of the House. The Hon. Gentleman had stated that the Government ought not to heed any slight obstacles which they might find in their way: he (Lord Althorp) would only say in reply, that their conduct, in regard to the Poor Law Bill, was not such as to afford any ground for the obser vation of the Hon. Member. As to the different details of the estimates which had been referred to, he did not think it necessary to enter upon them, but he would admit that it was undoubtedly the duty of Government to make reductions in the establishment, as far as was consistent with the public ser vice. In conclusion, he should only observe that the Govern ment would take care that in every department, either of col lection or expenditure, the most efficient economy should be observed.—( Cheers.) Mr. PR YME trusted that a satisfactory adjustment of the tithe question would be taken into consideration. Such an adjustment was of the utmost importance both to the landlord and the tenant. Mr. NV. PETER concurred with the Honourable Mem ber as to the importance of settling the tithe question in England. Mr. T. ATTWOOD said that the interests of the clergy were secondary, as compared with those of the farmer. Mr. E WART suggested that the indirect taxation of the country should be apportioned to the various classes of the community, in a manner more approaching to the ad valorem system. There were many articles used by the poor, which could be easily distinguished from articles of the same cha racter, but of abetter quality, which were consumed by the richer classes ; and if an ad valorem duty was levied upon them it would be like an indirect property tax. Mr. R. POTTER hoped that the circumstance of the Dissenters not having pressed their claims this session, would not be against them ; but that the Government would feel itself bound to place the redress of their grievances among the foremost of its measures. Mr. WARBURTON trusted that the Government would, early next session, propose the abolition of all taxes on knowledge,—printing, pamphlets, newspapers, (" malt.") No, no—( A laugh)—he would say nothing about malt at pre sent. With regard,„ to these taxes on knowledg e , th e i r e ff ect was to transfer the instruction of the humbler classes to persons destitute of moral character, who scrupled not to infringe the law, and mislead the people. Mr. BAINE S said that a general system of education should be adopted, so as to diffuse useful knowledge through out the country. The Bill was then read a third time. CHARITIES COMMISSION. Mr. HUME inquired of the Chancellor of the Exchequer what were the intentions of the Government with regard to the Charities' Commission, which the Noble Lord must be aware had expired. He (Mr. Hame) was afraid, unless some measure was adopted to complete the inquiry into charities, that the expense to which the country had already been put, and which amounted to upwards of 150,0001., would be entirely lost. He thought that it would be advisable to put the matter into the hands of one or more individuals for another year, as such a course would not be at tended by much expense. Lord ALTHO RP agreed with the lion. Gentleman that it would be a great pity if the inquiry which had already been made were lost, but he was unable, at the present, to suggest any course of proceeding. BANK OF ENGLAND DEBT. On the motion that the Bank of England (Debt) Bill be read a third time, Mr. T. ATT WOOD said, that in his opinion, this Bill would provide the Bank of England with the means of playing with the national finances. He hoped that the Noble Lord would keep his eyes upon the directors, and not allow them to contract or extend the circulation for their own purposes, and against the interests of the public. Lord ALTHORP said, that he did not believe that any ill effects would ensue from the payment of this portion of the debt, which was due to the Bank of England. Mr. HUME said he had no such apprehensions as the Hon. Member for Birmingham; but his objection was, that this had been a private transaction, although there was an Act of Parliament to prevent a Chancellor of the Exchequer from borrowing privately. If the Chancellor of the Exchequer required three millions.and a half to pay off a certain portion of the Bank debt, he ought to have afforded a public oppor tunity to all parties to come forward with their offers. He had seen it stated that there had been a breach of confidence with regard to the annuities. He would only observe at present that if any one body, public or private, had had an opportunity of benefitting themselves to the full extent which the public at large ought to have benefitted, it was highly improper. In the next place, some explanation should be given respecting the terms of the annuities, as they had generally been consi dered a ruinous system above a certain point. Lord ALTHORP said that the Hon. Gentleman was mis taken when he said that the transaction in question was con trary to the law. With regard to the privacy of the bargain, he had been actuated by a desire not to throw the Money market into confusion—( Hear, hear)—and he did not believe that he could have borrowed the money on more favourable terms than those on which he had made the arrangement with the Bank. With regard to the annuities, he was not sorry that the Hon. Gentleman had mentioned the subject, as he wished to give some explanation respecting them. There were two classes of annuities--life interests and annuities for terms of years. With regard to the former, they were not so disad vantageous to the public as had been generally supposed. It was, indeed, suspected that certain annuities had been pur chased upon lives at the older ages, and that the parties so purchasing had gained an advantage over the Government. Inquiries had been made, and it was believed that this advan tage had been taken on lives of, and above, eighty years. The Commissioners, in consequence of these inquiries, had deter mined to exercise the power which they had of refusing any an nuities that were disadvantageous to the public, and accordingly they had refused them on ages above sixty-five, unless the party applying wished to insure his own life, where there could be no speculation. With regard to annuities on younger lives, they were rather advantageous to the public. As to the second class of annuities, they were by no means disadvan tageous ; but where a very large amount of permanent debt was converted into annuities for a term of years, the annual charge on the public was raised to a very inconvenient amount. A short time ago the Commissioners finding that there was a danger of too large a sum being converted into terminable annuities for a short term of years, gave notice that in no one quarter should a larger sum than 500,000/. of capital stock be converted into annuities for a shorter date than would expire in the year Is6o. With regard to the alleged breach of con fidence, none had taken place, a public notice having been put up at the national debt office as usual; but the Bank of Eng land did convert 500,0001. at once into annuities for a term of ten years, which, in consequence of the arrangement he had referred to, absorbed the whole amount that would be con verted during the quarter. That was the whole case. With regard to the system, he thought that so long as the pressure on the public was not very great, it was an advantageous mode of reducing the public debt.—(Hear.) He would illustrate this by some returns which he had procured in expectation that the Honourable Gentleman (Mr. Hume) would allude to the subject. In the half-year ending 1833, the amount of interest paid on the permanent annuity or debt, amounted to 12,233,948/., and in the half year ending July 1834, to 12,186,3611., whereby there was a saving of 45,7771., or 90,0001. a-year. The terminable an nuities amounted, in the year ending 1833, to 1,600,741/.,and in the half-year ending July 1834, to 1,783,9661., making an increase of 183,2251. in the half-year, and causing an increase of somewhere about 37,000/. a year. With regard to the ter minable annuities, the country might look forward to conside rable relief. The following sums would fall in in 1840, 60, and 67 In 1840 1860 1867 To these sums might be added 800,0001., which mus t fall in, in a short time ; and thus nearly 3,000,0001 . of annuities must, in a moderate space of time, accrue to the benefit of the pub lic. He thought, after this statement, that the House would agree with him that the conversion of permanent and termi nable annuities was the best plan, provided the annual burden to the public was not increased to too great an am ouut. The Bill was then read a third time. The reports on the Exchequer Bills (Public Works) Bill , and the Sessibnal Addresses were brought up and received. The House then adjourned at Nine o'clock. A SEASONABLE HINT.—The season having ar rived when, among other pre-disposing causes to intestine complaints, we may rank the free and almost irresistible in dulgence in fruit, the necessary consequence of which is an increased demand for pure Brandy ; it may not be amiss to renew in the recollection of the public the knowledge of the fact that, during the prevalence of the Cholera in 1832 and 1833, one of the greatest safeguards was found in the use of BETTS' PATENT FRENCH DISTILLED BRANDY ; which, upon the acknowledgment of many of the most 'eminent medical men in London and elsewhere, was declared to, exceed French Brandy in its medicinal properties. One reason which alone sufficed to justify this preference was the entire absence, in the Patent Brandy (as certified by several of the most distin guished chemists), of those acids which are known to exist in the foreign spirit ; and which extensively counteract its other wise beneficial qualities. J. T. BETTS and Co.'s sole esta blishment is at the Distillery, No. 7, Smithfield Bars, where the Patent Brandy may be obtained, either Pale or Coloured, in quantities not less than Two Gallons, at 18s. per Imperial Gallon. COURT OF CHANCERY, .4trausT 8• DILL V. QUISNEL. Order Mr. BA RBER ma d e an app li cat i on i n t hi s case f o r an lode under the f o ll ow i ng circumstances :—An order had be en directing th e D e f en d ant to pay t h e sum o f 17 ,0001 , i. nto the bank for the Plaintiffs ; but the Defendant being in • F ran ge and consequently ou t o f the jurisdiction of the C ourt,. present applicatio n was to have the order varied, by direc t Tt; the sum to be paid to the Plaintiffs in the first instance, bb which means they would be enabled to proceed in the Fr e° Courts for the recovery of the sum in question. A f r. His LORDSHIP di rec t e d th e or d er to be made as pray e d o e nt His LORDSHIP, a t th e r i s i ng o f t h e C ourt, gav e judgui in the following cases : THE ATTORNEY-GENERAL V. ATHERSTONE S CHOOL. e His LORDSHIP said by l e t ters patent o f t h e 15th 0 - t ' , ai th d reign of Elizabeth, aft er rec i t i ng a g if t o f mone y to be at out in the purchase of land for the support o f a sebee is Atherstone, in Warwickshire, it was directed that twelve the habitants of Atherstone should be governors or keepers e . c , t f et , sch 301 in question,. with a power to appoint a sehoolnr o , &c. &c. The governors made certain or d ers and regul ar whereby the charity lands bey on d th e sum o f 200/. per ane were directed to be kept by the bailiff to form a fund for e di. tingencies, and which was to be made the subject of e fter- of rections. In 1649, by a d ecree o f t h e C om missione r ; to Charitable Uses, the rents of the estates were declare!iids amount to twenty-eight pounds per annum, and twenty P e te r per annum were directed to be paid to the master. By ell the decree of 1669 the surplus rents were declared to belong ro e master. In 1817, Mr. Bradley was elected master 0 1.,,,a school, and by an agreement dated the same year to receive a yearly stipend of 120/. from the Governor. similar agreement had been entered into by Mr- 131.1(1 0h predecessors, and it was stated in the advertisement that s a ,,, an agreement was expected to be entered into prior to OV A pointment. A bill had been filed to set aside this agre eill tt or and his Honour the Vice-Chancellor had referred the Ma I, to Master Cross, who had re p or t e d i n f avour o f the sel o , master. The matter had subsequently come before his ea t, nour the Master of the Rolls, who, after giving a iudg il 'f r st had directed another reference to the Master. In the hot place, he (the Lord Ch anc ell or ) s h ou ld l oo k at t h e decree t ' t3 his Honour had pronounced. It had directed the ge ster , r e,. ascertain what the rights and duties of th e sc h oo lmaster e , L o je and to approve of a sch eme f or carrying into execution id trusts of the charity. I n th e decree not a word w as sa lt„ y about the present schoolmaster's conduct, and consecl ee c fa r that was a matter not at issue i n th e p resent case. Th e :pva' ter to whom the matter stood r e f erre d h a d fi rst m ade a ' - ' tet rate report, by which he reported that the schoolrags,,a, was entitled to the surplus of a ll th e ren t s o f the e!;. 0 rity estates. The defenda n t s h a d t a k en exce ptions to ti,P3, separate report, contending that the schoolmaster o c, only intended to receive a reasonable salary, and t e o r w cupy the schoolhouse, &c., a t a nen ni na t- rent . His t oo be the Master of the Rolls h a d re f erre d t h e matter back ,t?„, to Master to review his sep ara t e re p or t, an d h a d di rec ted n l f o r take into his consideration the sum that would be necessari ck the governors to retain as a f u nd f or necessary re pairs anu hic h penses. The Master then made his general report, by he reported that 2001. was a sum fit to be retained for be and that 601. for every future ye ar , 25/. ou t o f w hich was retained to form a contingent f un d, an d h e a l so r eported t he the surplus fund belonged to the schoolmaster. As ° to ile scheme, he reported that twelve inhabitants of Ath e . rs to ought to be governors or keepers of the school in questl i ee ' o d be nominated by the diocesan, the Bishop of Lichfie l d o ut Coventry, and that a bailiff or receiver ought to be elect i e hee n of the governors by themselves. Four exceptions han of taken to that report, and the first, relating to an orais si- i e l facts and the agree men t o f 1817, hi s H onour h a d overt our and he (the Lord Chancellor) was of opinion that his 14 ° I n e v in doing so had come to a right conclusion. The sece, te r. kna' - ' ception related to the sc h eme approve d o f b y t he -' ~ti er Now the scheme in questi on gave t h e governors no P ° ter , of removal, no control whatever over the schoolnl9ord but merely a power of appointment. He (the a l. Chancellor) was clearly of opinio n th a t ma ki ng a se e of master totally exempt from s u p er i n t en d ence w as °n s tet the worst possible arrangem en t s , b ot h f or t h e sc hoep" himself, and for the institution of which he formed so Pr% t o nent a part. The existence of the school was 'ell' ase er ea hazard by such an arrange men t ; it s use f u l ex i stenc e rend a barely, and but barely, possible. To such defects in ei g io stitutions he traced that melan c h o ly resu l t w hi c h was In " D eo every part of the country, wh ere p ersons cou ld h a rdly fro nt their eyes without seeing some fine endowment perverted de , its original uses, supporti ng no t mas t ers to teac h all ! y it sired education, and who had not the means of obtantl e f e it, and whom the pious bounty of the founder had intended t 0 or but masters who made large profit s , an d w h o di scour age' . 6 0' humble countrymen from sending free scholars lest such, ciation might prove displeasing to their more refined P u r t bc male and female relations. The doors were indeed °Pe e ; no r! free scholar might com e if h e c h ose , if h e wou ld ven ture ; . 0 if he dreaded not th e f rown an d t h e scow l reserve d for T osl he might be taught grammar b y t h e teac h ers among st the bini of the titled and rich, but no active finger would beck on d i 3 l to approach, no open arm wou ld we l come his arrival, no el Il i , hand would receive and a tt en d hi m , b ut a ll serv i ce and a • gif tendance would be pointed elsewhere. This fact accordl e o , met us at every step we made through this magnificent l y doived land of buildi ngs , w i t h a ll t h e outwar d symbols 13.1Ar' schools, halls, offices, houses, e ver y thi ng b u t free selfo,f No exclusion, no prohibition, and no advantage was take : the endowment. The door was opened, but not darkePe7' ,cl there was no entering from the house magnificently 1 5 °_, 1 „ l i d' ai for the reception of higher guests. The master was ser„ -° er in the care of his own pupils, the ushers were in 1 0 ' 8 ,, ‘,. 5. force they might be required, the instruction ample en ,i t 'orl rious in all the accomplishments their state and co t t e l if might require. No such spectacle would ever be exbiu" o o schoolmasters were kept under due control, and Athert nc e School appeared for want of that wholesome ' superintelr e : t od to have followed exactly into the same track as Pock r i o t) and so many other schools. He (the Lord Chance thought that the Bishop of the diocese and the twel ve er vernors should have, not a concurrent visitorial power t he the schoolmaster, but a power of making, according ° c o w intentions of the founder, wholesome regulations. , sequently he should reverse his Honour's order • I „, t e t er exception, and refer th e ma tt er b ac k to t h e '" - fie with a declaration to the effect he had just stated' he d should no w re f er t o t h e t hi r d except i on, which had tad taken to that part o f th e M aster ' s report i n which h e rep- r a ts that the school mas t er was ent i t l e d to all the surplus of the re d(' of the charity estates after the payment of the sum of o h for the year 1131, and the 60/. for every afteryear. H e s ° d add reverse his Honour's order and allow this exception, an a ble a . declaration that the schoolmaster was to receive area s' , G e. stipend, having regard always to the keeping of a s e ' -e kee fund for contingent expenses. The fourth exception ta d was to the Master's having allowed the decree of 1 649 ' 10 proceeded upon that decree as the footing of his inqulri,' 1 64 9 (the Lord Chan ce ll or ) was o f op i n i on that the decree nt.;sl. was a mere nullity.—Thi s except i on must accordingll"" lowed. PAGE V. BROOM. o'o 4 His LORDSHIP said th a t h e did not t hi n k that Miss 14:11 was mortgagee of th e 250/. Th e C ourt always leaned 310, 'OO allowing interest with rests, and he saw no pretence 1,, ill case for charging Mi ss Li nwoo d w i t h them ; cons equeNete order of his Honour th e M aster o f t h e R olls must be 8' in this particular. LITERATURE peg We are requested to state that the followinv se ( works will b e p u bli s h e d next week by Mr, Bentley, 8 ' Burlington -street : I. THE MAN OF HONOUR, and THE RECLAIMED, By a Lafiy of Rank 2 vols., post Bvo. : , 11. of A third and c h eaper e di t i on, in 3 vols., post Bvo., cill HORACE WALPOLE'S LETTER S TO " HORACE MANN, ho b Now first publi s h e d ; e di te d b y the late Lord Dover, Vl' added Notes, and a Memoir of Walpole. 111. A second edition, revised by the author, of ROOKWO OD, a Romance, By W. H. Ainsworth, Esq. nr. I f A new on of Mr. Beckford's , BIOGRAPHICAL MEMOIRS of Ex c rRAoRD OIIO PAINTERS, In a neat p oc k et vo l ume, price 3s. 6d. mt; Pr j, Orders received by a ll respectable booksellers. figi e lo Scotland, Messrs. Bell and Bradfute, Edinburgh ; for ' r Mr. John Cumming, Dublin. ......./..%--''' ir e ............ BIRTHS. O P On the 6th i nst.. at Cardington, Beds, the lady of Samu e l 0, bread, Esq., of a son. r i , On the 6th i nst., i n N orfolk-street, Strand, Mrs. 4 ft , o ft monds, of a son . On the 7th i ns t., i n Castle-street, Holborn, Mrs. Gre_s_____ ,, ,,,h aliji daughter. MARRIED. H a n ts, fi b' ' .On the 7th inst., by s p ec i a l li cense, at Kingston, t cis c , Watts, Esq., late of Madras, to Frances Elizabeth, young: l s oer ter of the late Lie u t enan t R oss , o f t h e R oyal Navy, an Ie Commissioner Ross, C 8., of Plymouth. ; o's Pen On the 4th inst., at Ely, Mr. John Davies, of the I C- 11 , or rePp office, Temple, to Charlotte C. Glasse, of Brixton-hill , S o a rte os t On the 6th inst., at Frant, Freiderich Julius Hall e l'h ol Esq., of Brunswick, to Anne, third daughter of the l ate teri Francis, Esq., of Cuckfield, Sussex. P s l r , On the 6th inst., at Kingston-upon-Thames, Mr. Chaste ' to p. of Guildford, to Elizabeth, youngest daughter of thegiog.orci Darke, of Canterbury, and niece of W. Shrubsole, Esq. , ° „ f p f p ; ve il' On the 6th inst., at Monkwearmouth, the Rev. W " i fu' '. o s• Harrison, M.A., eldest son of William Harrison, Esq., ° o f Irr grange, to Susan Arbuthnot Crawford, second daughte r •cp , p i i i dier -General Austin, K. C. T. S. -,/ slcea' o loil e On the sth inst., at St. Keverne, Cornwall; James .-°. te C of Ellenglaze, to aroline, youngest daughter of the... 1 1...„, ,,/ Sandys, of Lanarth House, Cornwall. ilif l Ce e DIED. On the 4th inst., at Baggrave Hall, Leicestershire, Georgians, the i n f a nt daught er o f Edwyn Burnaby, T i l 710f0 ; On the 7th inst., Mr. Stubbi ng , o f Twickenham, 01 _ f 5. On the sth inst., Emily M ar i a , e ld est d aug hter u' of fs I Phillipps, Esq. fib On the Bth inst., at the Lawn, South Lambeth , M rs ' /31° aged 46. Aft Tb° On the Bth inst., at Tottenham, Sarah, the wife o f Mason, of Norton Folgate, auctioneer, in her 31st year' „ i -------- —bo Y-60 London: P r i n ted nnd Published by MU R at The Sun Of f ice, No. 112, Strand- I