The Sun. — London, England, 1851-06-07 00:00:00

description r oPP ° • policy Let °°!, o ccupy c over• Noble year 1 00' op ly . (0 ,al d ig a refesal on the part of the Committee to adopt the very moderate proposal then under their con.ederation would indicate a determination en their parts not to listen to reason or argument upon that sub ject; and he could not help feeling that the result of such a course would be to alienate the affections of ono third of her Majesty's subjects, while the Legislature would ultimately be compelled ignominiously to retrace its steps in the matter. Mr. J. O'CONNELL denied the right of the Hon. and Learned Member for Enniskillen (Mr. Whiteside) to express an opinion on the condition of the Roman Catholic Church in Rome, because the Hon. and Learned Gentleman in the bock ho had published had put forward no other views upon that subject than those which were already to be found in works written by persons noto riously hostile to the Roman Catholic religion. He (Mr. J. O'Connell) contended that the tendency of the acts which had been quoted in the course of that discus• sion had not been directed against the exercise of spiritual jurisdiction, but had been meant solely to pre• vent encroachments on the temporal power of the State. He believed that if the words which it was proposed should be omitted in that case were retained, the Catholic Bequests Act would become a total nullity. England had just summoned the nations of the earth to admire her progress in the arts of civilization, and the many blessings which Providence had showered down upon kee; and she ought not at such a moment to afford those nations the miserable spectacle of a return to the most objectionable practices of what the Hon. and Learned Gentleman the Solicitor-General had characterised as the worst times of barbarism and intolerance. The Committee divided, when there appeared— For the amendment ... 38 Against it ... ... 107 Majority against the amendment ...-69 Mr. S. CRAWFORD, who had notice of an ameed ment on the paper to exclude Ireland from the operation of the Bill, intimated that, instead of moving it on this clause, he should bring it forward as a separate clause when this was disposed of. Sir H. WILLOUGHBY then moved, as an amend ment on the second clause, the insertion of words making it illegal for any person hereafter to obtain or cause to be procured from the Bishop or See of Rome, or publish or put in 1130 within any part of the United Kingdom, • any bull, brief; rescript, letters apostolical, or any other instrument or writing for the purpose of creating an hierarchy of bishops, named from any province or see, and with titles derived from places belonging to the Crown of the United Kingdom. Lord J. RUSSELL said that the original amendment of Mr. Walpole was framed similarly to this, and he should oppose it, as going beyond the intention of the 10th Geo. IV.—the Catholic Relief Act. It created an additional offence, and that an offence which would be • exceedingly difficult of prosecution. Sir F. THESIGER supported the amendment. The Noble Lord had stated in his famous letter that " there , is an assumption of power in all the documents which have come from Rome—a pretension to supremacy over the realm of England, and a claim to sole and undivided sway, which is inconsistent with the Queen's supremacy, with the rights of our bishops and clergy, and with the spiritual independendence of the nation, as asserted even in Roman Catholic times." That was the course of le gislation which the Noble Lcrd bad originally pointed out; but certainly nothing could exceed the disappoint ment of those whose expectations were raised by that letter when they saw the Noble Lord's Bill.—(Hear, hear, and a laugh.) True, the Bill had, to a certain degree, been amended and strengthened by adopting the suggestion of Mr. Walpole; but by adopting these suggestions and leaving the Bill in its present state, it was in the most inconsistent condition that could possibly be imagined, because the Noble Lord having all along declared that his intention was that his legislation should be uniform for every part of the kingdom, and that he meant to apply the same law to Ireland that ho applied to other parts of the United Kingdom, the shape in which the Bill now stood was this. The preamble referred only to a particular rescript, which was applicable to England, and the de claratory enactment referred to the same part of the United Kingdom, and to the rescript which had been introduced here; yet the Noble Lord opposed the amend ment of Sir H. Willoughby, the effect of which was to declare illegal, and to subject to a penalty, any similar bulls, rescripts, or letters apostolical which should hereafter be introduced into any part of the United Kingdom. It had been repeatedly stated that the only reason why the law had not been put in force against the aggression of the Papacy, and why the parties who bad been instrumental in forwarding it had not been pue niched, was, that the law was in an obsolete state, and it ' would not do to awaken it from its slumbers in the sta tute-book, and to bring it into operation suddenly against the parties who had broken it. But what did the Noble Lord do if he left his Bill in its present condition? The statutes of Richard 11. and Elizabeth, they were told, were existing laws, and now in operation, but laws not to be brought in force as applicable to this par ' ticular subject, in consequence of some supposed hard ship that would arise from reviving these dormant sta tutes, and bringing them into use in the present day. Well, but were they to be brought into use at any future day? What was the intention? Were they to remain, as before, dead letters upon the statute-book, or were they to be applicable to any encroachment of a similar character which might hereafter be attempted against this country?--(Hear, hear.) Surely the better plan would be, if it were the intention of the Noble Lord and his Government that any similar rescripts introduced into this country should be subjected to the penal provi sions of the Bill, not to do it indirectly, but upon the face of the Bill itself to declare that intention, and ex pressly to provide against any possibility of supposing that there was no law which could b© applied to this particular encroachment, and by adopting the amend ment to declare that any similar rescripts introduced into the United Kingdom should be subjected to the penalty provided by the Bill.—(Hear.) The ATTORNEY-GENERAL said ho saw no sub stantial difference between the present amendment and that of the Hon. and Learned Member for Midhurst (Mr. Walpole). The Hon. and Learned Gentleman then repeated the arguments against the amendment, which he had urged against the proposal of Mr. Wal pole, and contended that the Bill would be a consistent and uniform Bill without it. The object and scope of the Bill was to prevent the assumption of ecclesiastical titles, and the clause as it stood struck at that assump tion; but the promoters of the amendment said it was necessary to go further, to do something more—in fact, to go beyond the object of the Bill, and prevent the in troduction of bulls for the creation of ecclesiastical titles. But it was useless to declare offences and enact penalties unless they could carry their law into effect. Did the Hon. and Learned Gentleman believe they could ever convict anybody of obtaining, or causing to be pro cured, a bull, brief, or rescript? What possible proof could they have of it? Did he suppose that the com munications which took place between the Sovereign Pontiff and his agents in this country would be so open and avowed that he would be able to carry out that part of the clause if it were adopted and made law? Besides, if the amendment were agreed to, they would be split ting up one transaction into two, and be visiting it with a two-fold penalty, and thus, in fact, would go beyond the intention of the Act of 10th George IV. Mr. FRESHFIELD said there might be two offences committed—the one being the assumption of the title, the other the procuring a bull, which might or might not be put in force by the same individual. These Acts would, therefore, be properly punished as two offences. It might happen that a person negotiated to obtain a bull and bring it to this country, and yet did not succeed in putting it in force. But his doing so ought to be punished nevertheless. In his opinion they were two distinct offences, and should be so punished. Mr. HENLEY supported the amendment, and con tended that the Attorney-General was not warranted in saying that it was the same as that of the Hon. and Learned Member for Midhurst. It was essentially dif ferent—it made the Bill prospective; whilst, if they left it to stand in its present shape, no man could say that it might not he retrospective in its effects. The SOLICITOR-GENERAL said that the two things against which the Bill was aimed was the assump tion of territorial titles, and the offensive character of the rescript of the Pope, claiming over this country a jurisdiction which had not been attempted to be enforced by . the Pope for the last 300 years, The Bill dealt with these by the first clause, which declared the assumption of those titles illegal; and by the second clause, which imposed a penalty. The amendment would introduce a new penalty,—viz., that for procuring the introduction of bulls into this country. It would thus go beyond tho Aet of 1829, which he thought not to be advisable. Mr. J. STUART said the difference between the clause and the amendment was that the former only punished those who assumed an episcopal title, whereas the amendment applied to those who might procure authority to use those titles. He should vote for the amendment. Sir GEORGE GREY said that the introduction of bulls was still an offence against law, and punishable as such, the Legislature in 1846 having only repealed the penalties. Instead of thus running counter to so recent a decision of Parliament by the introduction of certain words in a clause, let the Hon. Member, if he wished to deal with the matter, take up the whole subject of those ancient Acts and their penalties. Sir R. INGLIS said the Bill was merely retrospec tive, as applying only to the rescript of September last. The amendment was prospective, making the penalty co extensive with every aggression which might hereafter be made. Sir G. GREY denied that it was only retrospective; it would apply to every territorial title that might hereafter be derived from Rome. The Committee divided, when there appeared— For the amendment ... 129 Against it ... ... 133 Majority --4 Colonel SIBTHORP moved an amendment in line 37, after the words " pay the sum of " instead of 100/. to insert 5001. Unsaid he had a better opinion of the Pope than of the Noble Lord.—(Laughter and cheers.) If he had been the Popo he would have done the same thing—(Laughter) —for the Noble Lord had invited the Popo to come here; but if the Pope did come, he hoped lie would not visit the Noble Lord in Downing-street. thought the conduct of the Noble Lord had been in sulting to Ireland.—(Cheers from Irish Members.) The Committee divided, when there appeared— For ••• ••• ••• ... 63 Against ••• ••• 199 Majority ... —136 Mr. O'FLAHERTY asked.the Chairman whether, on voting on the question of 5001., there would be a second voting on that of 1001.? He complained that he had been interfered with by a Noble Lord on asking the question. Lord M. HILL said he had heard the Chairman clear the House, and he asked a group of gentlemen to go into the lobby. One of them said he interfered with his asking a question of the Chairman, and he said he had nothing more to say on the subject. After 4 low words from Ur. DitSIiAUJI, LONDON, SATURDAY EVENING, offensive to a number of Irish ➢lembers, ought to be disclaimed. Mr. REYNOLDS said that baying moved that the Chairman leave the chair, and having been appealed to in mild and moderate language by the Prime Minister, it was his determination to yip ld to the request of the Noble Lord; but when he stood up to express his deter mination he was met by shouts that drowned his voice, and was compelled to sit down. Immediately after wards the Hon. and Gallant Member for Gloucester rose and addressed the Committee in a tone of voice the most scolding—(Laughter) —and in language the most violent and intemperate. But he must remind the Hon. and Gallant Member that though he (Mr. Reynohis) and his friends were in the minorities of 41 and 29 to ma jorities of 306 and 230, yet that they represented the opinions of 10,000,000 of people,—(oh, and laughter.) fin must further remind the Honourable and Gallant Member that no matter how violent his language might be, or how excited he might feel as a subordinate member of the Government, that he (Mr. Reynolds) and his friends were in a diffe rent position from him, and were defendidg their creed against aggression.—(Hear, hear.) Though their oppo sition might render the official position of the Hon. and Gallant Member unsafe, ho woutd not insinuate that the Hon. and Gallant Member was thinking, when he ad dressed the House, of his next quarter's salary.—(Loud criu2. of "Oh.") Though he might again prevent a vote on the motion by moving that the Chairman report pro gress, it was not his intention to do so, but having made that concession he trusted no further progress would be made with the Bill that night.—(oll.) Lord J. RUSSELL had not understood the Honour able Member to express any intention of withdrawing the motion that the Chairman leave the chair. The Hon. and Gallant Member for Gloucester had spoken without any communication with him, and had addressed the Committee on his own responsibility. As the matter now stood, he thought it would be advisable to decide on the proviso, and not to proceed further that night with the Bill. Tho Committee then divided, when there appeared— For the proviso ... ... 130 Against it ... 166 Majority against the proviso ... --36 Sir F. TIIESIGER gave notice that he would bring the question of the recovery of the penalties by any per son, subject to the sanction of the Attorney-General, agai❑ under the consideration of the Houss upon the bringing up of the report. The CHAIRMAN then reported progress, and ob tained leave to sit again on Friday se'nnight. A considerable number of the orders on the paper were then postponed until after the recess. HOME-MADE SPIRITS IN BOND. Lord NAAS moved that the House should go into Committee on the above Bill. The House went into Committee, Mr. BERNAL in the chair. Sir F. THESIGER rose to move the amendment of tunato individual. He should, therefore, give his oppo which he had given notice. sition to tke amendment. Mr. REYNOLDS rose to order. lie asked the Chair- Lord J. MANNERS said the Hon. and Learned Gen• man whether it was competent for the Hon. Member to tleman had directed his objections not so much against put the atm ndment? the amendment of the lion. and Learned Member for Mr. BERNAL decided in the affirmative. Abingdon as against the amendment of the Hon. and Sir F. THESIGER did not anticipate much objection Learned Member for Midhursn To him the question to his proposition, it was of so reasonable a character. seemed to he this, would the House have an efficient or The clause proposed to leave the recovery of penalties an inefficient measure? Ho had supported the measure to the Act 10 George IV.; that was to say by in f orms - of her Majesty's Government hitherto, but believing as tion. The Hon. Member for Midhurst desired to re- he did that the amendment would put an end to petty cover the penalty by means of an informer; but a diffe- persecuting actions, and at the same time prevent the rence of opinion pr e vailed upon the subject, some think- Attorney-General from neglecting his duty, be should ing to leave the recovery to the Attorney-General would give it his support. be illusory, and the provision a dead letter; while others I Lord J. RUSSELL said according to analogy pro thought if it were left to an informer it would give rise to secutions ought to be left to the Attorney-General when great vexation, and leave a great opening to fraud and offences were committed against the State and the Crown. collusion. Ile (Sir F. Thesiger) felt there was wei g ht Now as the Attorney-General represented both State in both objections; and therefore he suggested a middle and Crown, he ought of course to be the prosecutor in course—leaving to the Attorney-General the right un d er cases where it was deemed fit that prosecutions should Act 10 Geo. IV., hut giving au informer the power to in- be undertaken. Ira cases of libel ageinst the Sovereign ttituto a suit under the control of the Attorney-General. the Attorney-General was resorted to and not a common It was one thing to institute a suit, and another to con- informer. The only reason weighing with the House trol it. In his proposition, the Attorney-General and against analogy—for without that reason the House the informer would be a mutual check on e ac h o th er , could have no hesitation about the matter—was that the For if the Attorney-General wee slack, and the informer Act of 1829, as asserted, had been constantly violated, respectable, it w o u ld be impossible for the A t t orne y_ and that Attorney-Generals had connived at that lido- General to refuse it. The advantage of his proposition !girt% He believed that assumption was totally at va was, that it still left the responsibility to the Attorney- riance with the fact. He could not be supposed to an- General. The Right Hon. Member for Longford had saver for every one, but those at least with whom he stated that it was understood that the law of 1829, at r e - had been connected in office, ho could undertake to garded the provision in question, should not be carried answer for. The Attorney-General for Ireland, Sir into effect. The law, nevertheless, was the same in Ire- M. O'Loghlin, he could answer for. He re land as in England; and yet the Attorney-General had membered on one occasion stating to that gen not prosecuted those persons who had assumed territo- tleman, not from his own opinion, but from a rial titles. This it was which had led to all the present something that had been brought before him, that difficulty, and with that experience before them, the there was a suspicion that he (Sir M. O'Loghlin) had Committee could not hesitate to adopt the amendment, unduly favoured Roman Catholics. That Gentleman He agreed that nothing was worse than to pass penal answered, much to his honour, "If you give the laws and not to enforce them. This amendment he (Sir slightest belief to the rumour that I show partiality Frederick Thesiger) proposed as a test of th e s i ncer ity to Roman Catholics over Protestants, lam unfit to hold of the Government in the case of the penalty. The Hon. my office."—(Clear, hear.) There was the Lord Chief and Learned Gentleman concluded by moving, "In Justice Blackburne, of high abilities and legal qualifica clause 2, line 39, after the word ' thereof,' to add these tion ; he was not likely to give way to improper partia words, "r by action of debt at the suit of any person in lity. The Master of the R o ll s f or I re l an d— cou ld h e b e one of her Majesty's superior courts of law, with th e charged with not performing his duty, for such was the consent of her Majesty's Attorney-General in England assumption conveyed by this amendment? He owned and Ireland, or the Lord Advocate in Scotland, as the that he should consider that Attorney• General unworthy case may be.'" of his office who gave permission to an informer to bring The MASTER of the ROLLS said there were many a qui tam action under the Bill. If he saw an Attorney statutes which enabled actions to be brought by private General in the House who bad given such permission, individuals with the sanction of the Attorney• General ; he should say to him, "If this case ought to be prose but there were no cases which required greater attention cuted, why not prosecute it yourself?" It would be a on his part; and.he would venture to say, from the expe- bad example if an Attorney. General, having a doubt rienco he had had of that office, that the adoption of such about the evidence bearing out a prosecution, should say a clause would be far from having the effect which it was to a common informer, " Though I will not prosecute, intended to have. It would, in point of fact, induce the you may try your chance of getting 100/. from some in- Attorney-General to shift from his own shoulders to dividual. I'll sign my name to the action." Now that those of others the responsibility of bringing such ac- would be petty penal legislation, and in his opinion there Lions. It was the usual course with an Attorney-General could not be a more accurate description of such an not to allow any action to be brought without prime/ Act. In a case of that kind he owned that an Attor facie evidence being laid before him to support such ac- ney-General would be unworthy of his office; and be tion. It he were convinced of the propriety of an action having as he did that the gentlemen he had named had being brought, it was his duty to bring it himself. lie not faded in their duty, he must give his opposition to should also require of the person bringing the action to the amendment. enter into a bond as a security for the costs, if the action Mr. REYNOLDS moved that the Chairman report went against him. Whereas, if the action was brought progress. by the Attorney-General, ho would be under no such Lord J. RUSSELL must say there was no ground liability to pay the costs. The effect of putting such re- whatever for the Hon. Member's motion. The House strictions upon the regular course of proceeding would was then fuller than at; any period of the evening, be to make the Act a dead letter. The question had been amply discussed, nothing more Mr. WALPOLE thought that the observations which could be added with advantage, and he thought the had fallen from the Master of the Rolls were the most House was quite fit to come to a conclusion without convincing proofs that the amendment ought to be further delay. adopted. No objections could be raised against the Mr. KEOGH said Government were nearly in a mi nority a little while ago, and they were not then anxious amendment, except the possibility of its becoming a dead letter. He said the offence being notorious it was the debate should close. There was no Member w h o r necessary to provide against the law officers of the .represented an Irish constituency who had taken a part Crown neglecting their duty in protecting the nation in this important question.—(Oh.) It was not reason from a wrong done to it. The law in this respect, in- a b le t o o ppose the Hon. Gentleman's Totten. volved in the Emancipation Act, did become a dead let- Mr. REYNOLDS thought his motion by no means ter.—(Hear, hear.) It should be recollected that there unreasonable. was no law to prevent a Roman Catholic becoming At- After a few words from Lord J. RUSSELL, torney-General. They should not, th ere f ore , p ut hi m The Committee divided, when there appeared— in a position in which his feelings would conflict with For the motion ... 41 his duty. But by giving the subject the power of put- Against it ••• •.• ••• 306 ting the law in motion, they would save him from the Majority • • ••• —265 painful position in whi c h h e wou ld b e pl ace d. U pon Mr. REYNOLDS then moved that the Chairman leave this amendment be (Mr. W a lp o l e ) was di s p ose d t o s t an d the chair. firm, and unless the Government acceded to the propo- Lord J. RUSSELL said he had endeavoured, as far as sition of his Hon. a nd L earne d F r i en d an imp ress i on possible, to meet the convenience of the Hon. Member would be induced th a t th e G ove rnment did not really for Dublin and those who acted with him, by postpon i intend to enforce the law in support of the dignity of ing the further discussion of the Bill from the day h e the Crown and to resent the insult to the nation. had originally named to th a t day f o rt n i g ht, an d h e mus t say that a more unf a i r r e t urn cou ld no t b e i mag i ne d th an The ATTORNEY-GENERAL said it appeared to that which he had received at the hands of the Hon. him that the course proposed by the supporters of the Member for Dublin, who, after indulging in taunts and amendment was a most objectionable one. They were sarcasms, had taken advantagescr utinising of the concession which not dealing with cases in which they would be compelled he had made to prevent him from making further pro y p gress with the Bill that n i g ht.—(Ch eers .) they were dealing with an offence which was committed Mr. P. BUTLER sa id no man was more opposed to before the eyes of the world. It would be but degrading t h e Ecc l esiast i cal Titles Bill than himself. He was a the motives for an action of this sort if they were to give Protestant and a sincere one; but he thought this the power to the informer to originate the proceedings. The most unfortunate Bill ever introduced into that House; prosecution should be a Government one, and based and representing, as ho did, a constituency nineteen out upon the proper grounds. It would also degrade the of every twenty of whom wer e R oman C at h o li cs , h e h a d office of the Attorney-General if it were brought in con- voted in the minority. He was not, however, prepared tact with a common informer. If the Attorney-General to go further; he had done all which he thought consist were satisfied there were good grounds for bringing the ent with gentlemanly feeling—(Cheers) —and would go action it would be his own duty to institute the proseeu- no further; and if there should be another division, he lion; and if he did not do his duty, the House would would not vote against the Hon. Member for Dublin, but compel him to take the proper course. In the case of a would walk out of the House.—(Cheers.) Roman Catholic Attorney- General, if he so far forgot Sir R. INGLIS hoped it was not too late for the Noble his duty in not instituting a prosecution when it was ne- Lord at the head of the Government to reconsider the cessary for him to do so, he would broequally capable of announcement which he had made, and that in justice to neglecting his duty by preventing the informer from himself and the people of England he would proceed proceeding. If they thought the Attorney-G e neral in- with the Bill on Thursday next—(Clear, hear)—and so capable ot discharging his duty, why then, in heaven's continue, de die in diem, and, if necessary, test the sense name, invest the power in the hands of some person else. of the House as he had just tested it, and so prove that Mr. DISRAELI did not think that the circumstances all public business was interrupted in its progress by not to which the amendment referred were petty. They more than a tenth part of the Members of that House— would be circumstances of considerable notoriety and (r tnu d cheers)—so that the Bill, after having, be be interest. He thought it highly desirable that the ma- lieved, been more days under discussion than any mea jesty of the law should be vindicated by the Attornry- sure fur the last twenty years, might at length be brought General alone. But bow stood the f a cts? Had that to a close, not, perhaps, in so satisfactory a manner as high and learned functionary been e nt rus t e d with this could be desired, but at any rate might terminate, and duty, and had he done that which the country had ex- that the time of the House might not be further waited. peeled from him?—(Bear, hear.) It was, unfortunately, a,lr. REYNOLDS believed th a t h e was not j ust l y open a matter of historical record that the Attorney-General to the imputations that had been cast upon h!m—(Loud had not accomplished that which the Legislature had an- cries of " Oh," and confusion). If he was not allowed ticipated that he would have fulfilled.—(Hear, hear.) to explain, he would call for a division.—(Oh, oh.) With that experience, then, they were called upon to Admiral BERKELEY said he had witnessed tyrant deal with the circumstances befor e them. And how had majorities and what had been called factious minorities; they dealt with them? The Hon. and Learned Member but in his lifetime—and his Parliamentary experience for Midhurst had a l rea dy ma d e a p ro p os ition upon this had been considerable—he had never witnessed a more subject. He (Mr. Disraeli) had felt it his- duty to ex- patient or forbearing majority—(Hear, hear)—or a more press his objections to the course he then recommended factious—he would not make use of other terms—oppo the House to adopt. But, at the same time, while alive sition than that which had been led by the Hon. Mene t() that objection, he cou ld n ot he bli n d to the fact that her for Dublin. I will tell the Hon. Member (continued the At o ney-General had signally failed in the discharge the Hon. and Gallant Member) that the rules of this of those duties with which he had been entrusted. The House were made by gentlemen—(Loud cheers) —by objecti tns made by the Master of the Rolls and the Attor- gentlemen for the guidance of gentlemen—(Renewed and ney-General were in effect that they sought by protracted cheers) —and if there are those that are come this proposition to exercise a c o n t r ol o v e r the Attor- amongst us that cannot be guided by those feelings, it is ney-General. That was their objection, theoretically - high time we should alter the rules of our House, and they desired that the Attorney :General should not place ourselves in a different position.—(Loud cheers.) be controlled in the fulfilment of those duties which Mr. DISRAELI said an unnecessary warmth had they believed it to be his duty to discharge.—(Hear, a risen from a want of appreciation of the observations hear.) But practically they knew that the Attorney- of the Noble Lord at the head of the Government. The General under such circumstances had slumbered at his appeal of the Noble Lord was couched in such good post. They therefore desired that he should do his temper, and actuated by so good a spirit, that he was duty in a manner that would not incur public odium or quite certain that if it had been allowed to have its pro disrepute. Under these circumstan ces h e f e lt it his duty per effect they should have been now discussing the to support the amendment of the Hon. and Learned amendment of his Honourable and Learned Friend. Member for Abingdon. He had alr e ady ex p resse d his That was an important amendment, and re objections to the main construction of the Bill. Ile qu i re d more discussion, ,perhaps, than it had re thought that they had made a great mistake in the basis caved; but, although it was their habit, generally of their legislation upon this subject being penal. He speaking, to finish the debate at midnight, yet the Hon. did not change his opinion on that point, though he Member for Dublin should recollect that they were on would not presume to introduce it into the present die- the eve of an adjournment, and when a Committee was cussion. But the House having resolved by large ma- at work, and in the midst of discussing an amendment jerities that they wo u ld meet t hi s i mm i nent d anger an d of, or rather an addition to a clause, it was not unusual Papal aggression by penal legislation, it became their to sit up an hour or two beyond that time, or perhaps even duty to make it efficient, and not only efficient, but as more.—(Clear, hear.) By two o'clock they might have far as possible conducive to the national honour and to fairly discussed it, and ho really thought, although they the national credit.—(Cheers.) had lost time, it was still in their power to do so. The Mr. BETHELL agreed with the last Hon. Gentleman Hon. Member for Dublin and his friends would not that they ought riot to encourage a petty piece of legis- forget the considerate manner in which the Noble Lord lation, and in that spirit he would oppose the amend- had arranged the business with regard to the conve ment of the Honourable and Learned Gentleman the nience of lion. Members of the sitter kingdom, and the Member for Abingdon ; for anything more petty, temperate tone in which he had addressed himself to the more at variance with the principles of their law, questions before them—(Hear, hear)—so different from than to commit the punishment of an offence under that indulged in by other Hon. Members—(Hear, the present Bill to a common informer ho could not hear)—and- would agree, he felt assured, to go on with conceive. He defied any person to produce a precedent the discussion of the amendment of his Hon. and to show that a great national offence, liable to a penalty Learned Friend. Ho agreed with the Hon. and Gallant of this sort, was left to the prosecution of an informer. Admiral, that not only were the rules of the House Tho offence was one of great notoriety, of great publi- made by gentlemen, but that every Member of that city. What was that House? Was it not the Grand House was actuated by a gentlemanlike feeling, and he Inquisition of the nation, armed with the authority to could not help thinking, although they had wasted see that the persons who were entrusted with the execu- time, that the Hon. Member for Dublin and his friends tion of the laws had performed their duty? And when would reconsider their determination, and, duly appre they were told by the Hon. Gentleman that we ought (dating the excellent tone adopted by the Noble Leader to resort to the means of legislation, because the Attor- of that House, would consent to proceed with the busi ney- General had been found sleeping at his post, he ness before them.—(Hear, hear.) would ask, where was the House of Commons during Mr. KEOGH quite agreed with the Hon. Member that slumber?—(Hear, hear.) Had they not partici- for Bucks as to the temperate aid kind tone of the Noble pated in his neglect?—and by this course which they Lord, but ho regretted that the Hon. Member had not now proposed to take did they not show that they were called attention to the tone of another Hon. Member. afraid that they would be parties in any proceeding The Hon. and Gallant Member said he had known tyrant whidh the Attorney-General should originate? Accord- majorities and factious minorities, but the Hon. and ing to thelangarsge of this clause, the information was Gallant Member was the Member of a party which had not to be brought forward in the shape of a public action; never been very scrupulous, whether in a minority or a but it was to be in the nature ot a private action. Now, majority, a s to the opposition which they thought pro what could be more petty? The action was to recover per to give to measures with which they were dissatis -100/. as a debt due to the plaintiff; and this great fled. On a memorable occasion with which the Noble national offence—the vindication of their national rode- Lord was perfectly familiar, he himself had taken part pendence against a public affront given to them before in an opposition as obstinate—he would not use the the eyes of all Europe—was to resolve itself into a pe- word intemperate—as any of which ho could complain; nalty which was to be exacted by a private individual, and he would tell the Noble Lord that it would be vain who was to ask the consent of the Attorney-General to to appeal to the temperate and kind manner which was put this 1001. in his pocket. And that was the course so natural to him, if ho allowed his subordinates to in recommended by Hon. Members opposite, because, for- dulge in a tone so different from his own.—(Hear.) sooth, they felt they should not enter into a course of Colonel KNOX (who rose amidst much noise and petty penal legislation.—(Hear, hear.) Observe the confusion), said he had voted in the minority, feeling danger of collusion by this proceeding. If the Attorney- confident that the discussion could not terminate that General was soporific, and that a private individual came night; but was he, therefore, to be thus designated by forward to discharge his duty, the moment he obtained the lion. and Gallant Admiral?—(Laughter.) the consent of the Attorney-General he might show him- Admiral BERKELEY begged to assure the Hon. and self to be a party not desirous of vindicating the law, and Gallant Colonel that he had made no complaint what might collude with the defendant, and the whole of the ever against him. But he had been kept there night al tine ant the proceeding under it would be utterly after night listening to what he could hardly consider beffl-d• They would have no control over the actions arguments proceeding from a particular quarter, and he brought under such circumstances, which actions might thought he had some right to complain; but in making be made a shield and means of evasion by the of- his complaint he had been guarded in his language.—_ fender, who would be enabled to sin against the law (Oh, oh.) He had certainly heard much strange lan with impunity. That would deserve not only the guage in that House, and he could only say, honestly name of petty penal legislation, but would be a and conscientiously, thet in the language he had used, blunder to which he hoped the House would not however strong it might be, he bad no intention of in commit themselves. Was it fitting or charitable suiting any man.—(Hear, hear.) to put the happiness and comfort of Roman Catholics in After a few words from Mr. P. BUTLER, such a condition—to place them at the mercy of the The Committee divided, when there appeared— common informer and spies? Would that tend to the For the motion . happiness of the community? The Bill had been sup- Against it... ported by Hon. Members on his side of the House on the Majority against the Chair ground that it was a great vindication of our liberty and mein leaving the chair, —2ol our constitution fromthat domination claimed by the Pope. On the opening of the gallery, He hoped, therefore, the House would not permit a public Mr. SCULLY was objecting to proceeding any further offence to be taken out of the hands of a public prose- at that late hour with the proviso. cuter and plaited in the hands of an informer, whose only Mr. LAWLESS thought the language used by the inducement would be to extract 1001. from eQn2O 4,11fQx. , , ii9u, and Gallant Umber for %Neuter, which was The CHANCELLOR of the EXCHEQUER moved that the chairman should leave the chair. He thought that would be the easiest way of at once opposing the Bill, against which he had received a largo number of complaints from English distillers. The Committee divided, when there appeared— Ayes 123 Noes ... ... 140 Majority against the Government —l7 The announcement of the numbers WAS received with loud cheering. The Bill then went through Committee and was ordered to be reported after the holidays. The CHANCELLOR, of the EXCHEQUER said he would take the sense of the Housa on every future stsge of the Bill.—(Hear, hear.) The remaining orders of the day were then disposed of, and the House adjourned at Half-past Two o'clock, to Thursday next. Mr. J. 13. Smith paired in favour of Lord Naas with Mr. C. Villiers against. THE CAPE OF GOOD HOPE. PORTSMOUTH, FRIDAY MORNING.—By the Prince of Wales Indiaman, Captain Hopkins, wh'ch passed the Wight in the night, and sent in passengers to this port this morning, we have news from Table-bay, Cape of Good Hope, to the Bth of April, one day later than the advices published yesterday. The steamer with the troops fcom England had nol arrived out or been spoken w►th. Her Majesty's ship Sampson had proceeded from St. Helena with troops from that island, and also the Go vernor. Sir Harry Smith had issued an order for a further levy of 700 burghers, to be raised at a cost of 2,0001. Her Majesty's steamers Dee and Hermes were still plying taking troops and levies to the mo u th o f t h e Buf falo. Lady Smith was about to follow Sir Harry to Graham's Town. The Katirs were gaining strength. --- COURT CIRCULAR. WINDSOR, FRIDAY. Tier Majesty the Queen and his Royal Highness Prince Albert, with the Prince of \Vales and Prince Alfred, accompanied by their Royal Highnesses the Duke and Duchess of Saxe Coburg Gotha and Duke Ernest of Wurtemberg, left the Castle at eleven o'clock this morn ing for Eton College. In attendance on the Queen and Royal circle were the Marquis of Bread albane, the Mar quis of Abercorn, Baroness de Wangenheim, Lord Duf fermi), Sir Frederick Stovin, General Weruyss, Colonel Bouverie, Mr. Birch, and M. B. de Treskow. _ _ Her Majesty and Prince Albert, and the Royal party, remained at Eton College till one o'clock, and then re turned to the Castle. The Earl and Countess of Besborough, Viscount and Viscountess Cranley, and the lion, and Rev. Henry and Lady Anna Maria Cust, and the two Misses Cast, had the honour of ,joining the Qacen's evening party at Windsor Castle yesterday (Thursday). The Duke of Wellington, the Duke of Norfolk, the Duke of Rutland, and the numerous circle of visitors, took their d-parture from the Castle this forenoon. Her Majesty and Prince Albert, with the Prince of Wales, the Princess Royal, Prince Alfred, the Princesses Alice, Helena, and Louisa, end Prince Arthur, accom panied by their Royal Highnesses the Duke and Duchess of Saxo Coburg Gotha and Duke Ernest of Wurtem berg, and attended by the Countess of Charlemont, Lady Caroline Barrington, Hon. Matilda Paget, Hon. Mary Seymour, Lord Dufferin, Sir Frederick Stovin, General Wemyss, Colonel Bouverie, and Mr. Birch, Baroness de Wangenheica and M. de Treskow being in attendance on the Duke and Duchess of Saxe Coburg Gotha, lett the Castle at two minutes before five o'clock this after noon, and proceeded with the Royal suite, in seven car riages, to the Great Western Railway station, where a guard of honour of the Grenadier Guards was on duty. Party to town. A special train conveyed the Royal The Queen and Prince Alkeert, accompanied by the Duke and Duchess of Saxe Coburg Gotha, Duke Ernest of Wurtemberg, and the Royal Family, and attended by the Ladies and Gentlemen in Waiting, arrived at Buckingham Palace at four minutes before six o'clock yesterday afternoon, escorted by a detachment of Lancers, from the Paddington terminus of the Great Western Railway, the Royal party occupying seven of the Queen's carriav,es. Her Majesty and Prince Albert, and their illustrious visitors, were received on their alighting at the Palace by the Master of the Horse, the Lord Steward, the Lord Chamberlain, the Groom of the Stole to the Prince; the Vice-Chamberlain, the Master of the Household, and Colonel Wylde, Groom in Wait ing to the Prince. Iler Majesty and his Royal Highness Prince Albert, accompanied by their Royal Highnesses the Duke and Duchess of Saxe Coburg Gotha, and Duke Ernest of Wurtemberg, honoured the performance of the French Ploys with their presence last evening. In attendance on the Queen and Prince and Royal visitors were the Countess of Chorleinont, and the Maid of Honour in W a iting, and also Lord Dufferin, General Wemyss, Col. Bouverie, Baroness de Wangenheins, and M. B. d e Treskow. His Serene Highness the Prince of Leinengen arrived in town yesterday from the residence of her Royal High ne,,s the Duchess of Kent, Frogmore, near Windsor. His Serene Highness visited Her Majesty's Theatre last evening. A Cabinet Council was held yesterday afternoon at the Foreign-office, Downing-street, at which Lord John Rassoll, the Marquis of Lansdowne. Sir George Grey, Viscount Palmerston, Earl Grey, the Chancellor of the Exchequer, the Right Hon. Henry Labouchore, and other Ministers, attended. The Council sat about two hours. A deputation from the Royal flax Improvement So ciety of Ireland had an interview with the Chancellor of the Exchequer yesterday, at his official residence in Downing-street. The deputation consisted of Mr. Tennant, M.P., Mr. Marshall, M.P., Lord A. E. Hill, M.P. , Colonel Rawdofl , M .P., Mr. 'Crawford, M.P., Hon. T. Posey Dawson, M.P., Sir A• B. B roo k e, Bart., we., Mr. Conolly, M.P., Mr. M.P., Viscount Bernard, O'Flaherty, M.P.,Mr. M'Cullegh, M. J. O'Connell, M.P., tr. Corbally, M.P., Alr- Greene, M.P., Colonel Dunne, M.P., Dr. P ower. M. P., Mr. Herbert, M.P., Mr. G. A. Hamilton, ALP., Viscount Jocelyn, M.P., Mr. Sadlier, M.P., Mr. Scu ll y , M M.P:, Mr. Tenison, M.P., Mr. MonselaP U r . O'B r i en, ~ Mr. Grace, M.P., Mr. J. S. Crawford, Mr. Hancock, D r . m and Mr. Macadam. Mr. Whyte Melville had an interview yesterday with Sir George Grey, at the Home-office. The Rector of Liverpool , Chairman of the Select Vestry, accompanied by Mr. Cardwell,' M.P., had an in terview with the Right Hon. 11. Laboanis ----ere yesterday, at the Board of Trade. Mr. Grenville Berkeley, M.P., an, r. G. E. Wil liams, a deputation from Cheltenham, Aa.ad an interview with the General Board of Health yesterday, at their office, Whitehall. Dispatches wore received yesterday, at the Colonial office, from the Governor of Van Diemsn's Land. Dis patches were sent off yesterday, fromthe Colonial office, to the Governors of the Canadis:,fadtho Governors of the other North Am 'rican Colrwest, THE NEW ACT TO REGULATg, THE SALE Or AnsEnc.—Yesterday the new Act to regulate the sale of arsenic, which received the royal assent on Thursday, was Printed. There are six clauses and a sch e dule in the new law. The preamble declares that the unrestricted sale of arsenic facilitates the commission of crime; and the statute enacts that on the sale of arsenic the particulars of sale are to be entered in a book by the seller in the form set out in the schedule, containing the date of sale, the name and sur name of the purchaser, his place of abode and occupation, the quantity sold, and the purpose for which it was required. The name of a witness and the seller's name when a witness is to be present. No arsenic is to be sold to any person un known unless in the presence of a witness, and arsenic is not to be sold except to a person of full age. It must be co loured, or if it would be unfit to the perscai, then not more than 10lb. are to be sold. For offending against the Act a penalty of not more than 20/. by justices is to be imposed. The Act is not to prevent the sale of arsenic in medicine under a medical prescription. The term arsenic is to include all arsenious compounds. It should be known that the Act came into force on Thursday hut, when it received the royal &Mut. Rear-Admiral the Hon. M. F. F. Berkeley, C. 8., M.P., and Captain Houston Stewart, C. 8., have left the Ad miralty far the Whitsuntide holidays. Rear-Admiral Superintendent Prescott, C. 8., returnid to Portsmouth from leave of absence on Thursday, and rehoisted his flag on board the Britannia, 120. Commander George Parker has been appointed to the Queen, 116, flag-ship in the Mediterranean, vice Codd, promoted. Commander Philip Somerville has been appointed to the Banff coast-guard district, vice Maude, whose ap pointment has been cancelled. Commander Thomas D. Stewart, and Lieuts. W. G. Heath and M'Donald, have been appointed to study steam at the Woolwich fa.aora It is with great regret we announce the death of a worthy and highly intelligent and respected officer, Lieutenant John Kiddie (1814), which took place at the Royal Naval Hospital, Stonehouse, on the 29th ult., leaving a wife and ten children to lament his loss. Lieut. Riddle has served about 28 years on full pay; for the last twelve months as agent of one of the West India mail packets; and to the effects of a fever caught some months since when in this service in the West Indies, his death is attributable. He en tered the navy Dec. 24, 1806, as first-class volunteer on board the Mars, 74, Captains William Lukin, James Katon, John Surrnaa Carden, and Henry Raper; in which ship, after attending Admiral Gambier's expedi tion to Copenhagen, he continued to serve as midship man, on the Channel and Lisbon stations, until Fe bruary, 1813. He then joined the Bellerophon, 74, bearing the flag of Sir Richard Keats, at Newfound land, where, shortly after his promotion to the rank of lieutenant, which took place July 29, 1814, he removed to the Challenger, 16, Captains Fred. E. Vernon and Henry Forbes. His appointments since the paying off of the latter vessel in September, 1815, have been—Oct. 15, 1830, to the Talavera, coast blockade-ship, Captains Hugh Pigot and David Colby—April 16, 1831, to the coast-guard—Juno 11, 1833, to command the Fox revenue-vessel—June 22, 1836, to the coast-guard— Jan. 29, 1844, to command the Harpy, another revenue cruiser—and April 22, 1847, again to the coast-guard until August 4, 1847. The eldest son of the deceased is now serving as second master in the Gladiator steam frigate, on the coast of Africa, and, in addition to having obtained first-class certificates from the Trinity House, and various recommendations for his professional skill, he has on several occasions distinguished himself, espe cially so at Marseilles, when, acting master of one of the mail packets, he obtained the thanks of the French au thorities for extinguishing a fire. ARRIVAL OF THE HERALD.--This ship, commanded by Captain Kellett, C. 8., has at length reached England, having touched at Portsmouth yesterday, on her way to Chathazn to be paid off. She has been absent from England for more than six years and her ship's company has seen as many races of men, have visited as many previously unknown places, and felt the influence of as many different climates, as any crew of a single ship since the first days of navigation. After surveying in the Pacific for many years she was sent to &hring's Straits, to communicate with the Plover, in search of Sir John Franklin, and her route thence has been to Hong- Kong, Singapore, the Cape, and St. Helena. The First and Second Lieutenants, Maguire and Trollope; the surgeon, Mr. Goodridge ; the Assistant-surgeon, Mr. Billings, and her clerk, Mr. Whiffin, have been in her during the whole term of her commission, since Feb ruary, 1845. Her paymaster, Mr. Woodward, it will be remembered, died on the passage home. Birkenhead troop-steamer, Master-Commander Sal mond, arrived at Portsmouth yesterday morning, and went into harbour to coal and hold herself in readiness for further service. Hecate, 6, steam-sloop, Commander Hand, has moved out to Spithead, to wait orders. Retribution, 28, steam-frigate, Captain Warden, arrived at Spithead from Lisbon (having sailed home), yesterday morning. She has bad a long passage of 20 days, and was ordered into harbour to be taken into the new dock at the north corner of the yard on Monday next. PORTSMOUTH . , FRIDAY.—The Prince of Wales, India man, Captain Hopkins, passed the bight this morning, and communicated by pilot-boat. She brought one day's later news from the Cape, and the following pas sengers:7. From Calcutta for London—Mrs. Graham, Mrs. Ete son, Mrs. Carleton, Mrs. O'Brien, Mrs. Hall, Mrs. Hicks and two children, Mrs. Spense and two children, Mrs. Macmullen and four children, Mrs. Doyne and ens child, Mrs. Campbell cud three children, Mrs. Tweedie and four children, Mrs. Cameron and three children, Mrs. Weston and two children, Miss Finch, Miss Graham, Miss Eteson, Miss Brown, Miss. M. Brown, Miss Pater, Colonel Graham, 11th Regiment Native Infantry; Major Hicks, 67th Regiment of Native Infantry; Captain St. George, 17th Regiment of Native Infantry; Lieutenant Cookworthy, Artillery; J e ff ery Finch, Mr. J. T. I). Cameron. Children—(2) Misses Savi, (2) Misses Kenny, (2) Masters Durand, Miss Bishop, Master Bishop, Master Court, Master Finch, and fourteen servants. From the Cape tor London—Mrs. Austin and three children, Miss Khunard, Mr. Austin, Mr. Blake, R.N., Mr. Nicholson, and ono servant. Left at the Capo of Good Hope from Calcutta—Mrs. Davidson and one child, Captain N. W. Davidson, 13th Regiment of Native Infantry; Mr. T. Tweedie, deputy magistrate; and two servants. The ship Prince of Wales left Calcutta on the 13th of February; the Sandheads, on the 16th of February; ar rived at Table Bay on the 3d of April; and Left Table Bay on the Bth of April. March I.—Signalled the British bark Nemesis, from Calcutta, in lat. 0 deg. 16 min. N., long. 86 deg. 50 min. E. March 26.—Signalled the British bark Sappho, from Manilla, for Grand Csyman, in lat. 32 deg. 30 min. S., long. 30 deg. 7 min. E., and parted company off L'Agulhas on the 2(1 of April. April B.—Lett at Ta ble Bay the British ships Earl Balcarres, from Bombay; the Vernon, from Madras; and the Soubandar, from London; and signalled the British barqueAlt xander John Kerr, standing in towards Table Bay. April 28.—Spoke the Dutch ship Jacobs Helena, from Batavia tor Rotter dam, in lat. 0 deg. 44 min. N., long. 20 deg. 41 min. %V. May 15.—Signalled the English ship Agincourt, from Calcutta for London, in lat. 33 deg. 0 min. N., long. 35 deg. 21 min. W. May 18.—Spoke the English brig Amaranth, from Newcastle for Newhaven, United State,, in lat. 40 deg. 37 min. N., long. 32 deg. 34 min. W. May 27.—Signalled the English ship Caruatic, in lat. 46 deg. 0 min. N., long. 16 deg. 29 min. W. PLYMOUTH, THURSDAY.—Yesterday Commander H. T. Van Maideghem, of his Netherland Majesty's steam frigate Merapi, with Commander A. Baron Coilot d'Es• cure, accompanied by Mr. John Luscombe, the Nether lands Consul at Plymouth, visited Port-Admiral Sir J. Ommanney, General Sir 11. Murray, and other official personages connected with her Majesty's Government at this port. The Merapi was built at Rotterdam in 1842, and has made a previous voyage to Batavia, on returning from which, about two years since, she incurred considerable damage in a storm, and was in consequence thoroughly repaired and then laid up in ordinary. On the 14th of March last she was commissioned by Lieut. Makleghern, and is bound to Batavia, where she will be under the orders of Admiral Huys. Including ten Marines she carries a complement of 125 hands. It is not the practice to measure fur tonnage in the Netherlands navy, but the burden of the Merapi may bo estimated at 1,000 tons; she is 52 Dutch yards in length, 12 in breadth, and 10 deep, and draws about 4.9 Dutch yards, which arc 3 feet 21 inches English. Her armament, besides a few brass swivels fixed on the bulwarks, consists of eight guns, viz , four 30 pound carronade•, and two long 30- pounders on the broadsides, abaft the mainmast, and too traversing SO-pounders on the bow and stern, where the bulwatic3 shift for practice. Sha is round sterned and barque-rigged, and her steering-wheel is fitted before the miaan mast, so as to leave her quarter-deck frce for heavy metal. The engines of the Merapi arc of the ordinary description, of 220- horse power, having cylindeers inclined to 30 degrees, supplied with spring pistols and nozzles; they were con structed by the Dutch Steamboat Company, at their foundry, Fyenoord, near Amsterdam; the paddy-wheels are 22 feet diameter, 7 feet 6 inches wide, and the pad dles 18 inches broad. The trigate is provided with a launch, carrying a 30-pound carronade, a gig, captain's boat, officers' boat, and yawl. Her rate of speed under steam, against light contrary winds, is estimated at 9 knots; in a calm, 91; under canvas, before the wind, 10 to 12 knots. The cleanly condition of the ship and orderly manner of the crew aro highly creditable to the discipline observed by the commander and officers of the Merapi. WOOLWICH, JUNE 6.—The Birkenhead steam troop ship, Master Robert Salmond, p asse d t h rough the Downs at nine o'clock A.m. yesterday, on her way to Ports mouth, where she will wait orders. The Meg,zera, 10, iron screw steam-frigate, will leave Sheerness to-morrow for Cork, to embark troops at the latter port for the Cape of Good Hope. The Desperate, 8, screw steam-sloop, of 400-horse. power, having been made ready for sea at Sheerness,will leave in the early part of next week for Devonport, where she will remaia as an advanced war staamer, or for com mission. ROYAL MARINES. First-Lieutenant Richard King Clavell, of the Wool wich division, has been appointed to be Captain at Ply mouth, vice Snowe, deceased. Captain Snowe was serving on board the Arethusa, 50, at Lisbon, at the time of his decease. Captain eleven's commission is dated the 29th of May, 1851, and he left Woolwich for Plymouth on June 2. Second-Lieutenant Richard Pentland Henry, serving on board the Leander,so,at Lisbon, to be first-lieutenant, vice Clavell, promoted. Lieutenant E. B. Snow, of the Woolwich division, has three months' leave of absence, from May 30. One sergeant, one corporal, and twelve privates, who left Woolwich to join the I'rospero steamer, at Holy heal, have returned to the head-quarters of their divi s on ut Woolwich. Captain Berney Varlo was appointed, on the sth of June, to the Arethusa, 50, at Lisbon, in the room of Captain Snovre, deceased, and will embark in the packet which leaves Southampton to-morrow for Lisbon. First Lieutenant Frederick Augustus Percy Wood embarks at Deptford in the Sir Charles Forbes freight ship for a passage to Asceniion. The band of the IVoolvrich division of Royal Ma rines have received instructions to attend in the Vi c t or i a Park, Stratford, on the afternoons of TaeLd u y an d Fri day, until further orders. They will play from three to five r.m. on those days. --; The officers of the Woolwich division have leave of one week to visit the Exhibition. Two-thirds will be permitted to be away at one time, and no leave will be granted after June 29, 1851. Viscount Melville, we hear, is seriously indisposed. The captain-superintendent of Dept ford dockyard has ob tained leave of alNence to y4it his brother "IrN., ` TIFIE SUN: JUNE 7, 1851. NAVAL INTELLIGENCE LA W INTELLIGENCE. COURT OF QUEEN'S BENCH, June 6. (Sittings in Banco.) SIMS AND ANOTTIEII L. MARRYAT. This was an action to recover damages from the de fendant for a loss incurred by the plaintiff's in preparing to publish the late Captain Marryat's tale of the "Adven tures of Monsieur Violet." The defendant, who was his son, had sold the copyright to the plaintiffs, when, just as they were about to:publish it in the " Parlour Library," they received an intimation from Mr. Bentley that it was his property, by sale from Captain Marryat. They did not accuse the defendant of having made the sale except in entire ignorance of what his father had done, but they insisted that beyond the return of the purchase-money, which he was willing to give back, they were entitled to damages for the expenses they had incurred in preparing for the publication. The defen dant had put on the record pleas which raised the ques tions whether the contract between himself and the plaintiff amounted to a warranty that the copyright was in him, and whether Mr. Bentley possessed such an equitable right to the work as justified the plaintiffs in desisting, upon his notice, from publishing it. Mr. liugh Hill was heard for the plaintiffs; and Mr. Sergeant Channel' for the defendant. Lord CAMPBELL-I think that the plaintiffs are enti tled to our judgment. We are not called on to inquire what might be the rights of the plaintiffs in the absence of an express warranty; on that point the law is perhaps in ❑n unsatisfactory state. According to the decision of the Court of Exchequer in the case of " Morley v. At tenborough," with the doctrine of which I entirely agree, if a pawnbroker sells au article pledged with him he does not enter into a warranty of title. He under takes only that he has a right at that time to sell the property, the time of pledging having expired; and he sells such right as the def.iut of the pawner has vested in him. But, from the able view of the law taken by the Learned Judge who delivered the judgment of the Court in that case, many questions appear to remain open; for though the general doctrine of caveat enaptor applies to the purchasers of personal property, still there are many exceptions to its application. All goods sold in a shop, and under executory contracts, are stated to be excep tions to the rule. Here we have no necessity to dis cuss these questions, for in this case there is an ex press contract between the parties. The language .of the letters leaves no doubt whatever that there was an express positive warranty of title in this case. That is found both in the correspondence and the receipt. If, after these letters, there had been a formal agreement, we must have looked to that alone; but there was none, and tee letters themselves constitute the contract be tween the parties. Taking the correspondence and the receipt, les cannot doubt that the defendant, in ignorance of what his father had done, and without the smallest moral impropriety, but believing that the copyright was in him, did warrant that it was so, and warranted to the purchaser the title .o that copyright. What was this correspondence? The defendant, in answer to a letter received from the plaintiffs, says:—" I shall be happy to agree with you respecting the copyright of the • Adventures of Monsieur Violet."' What is copy right? It is the exclusive right to multiply the copies of the work; and that was what his letter says he was willing to sell. Then comes another letter, in which the defendant says, " You formerly made me an offer of 50 guineas for the exclusive right of publishing in your ' Parlour Library,' for ten years,,Captain Marryat's work of ' The Adventures of Monsieur Violet,' which offer I accept." Here is an acknowledgment of a contract by which the defendant sells to the plaintiffs the exclusive right of publishing a work of his father's in a particular form. How could he do that unless he had the whole copyright in him self? If he had already sold part of the copyright he could nut have sold the " execlusive right of publishing" in this manner, so that this was equivalent to affirming that he had not sold any part of the right, but had the whole of it in himself. He also says, " I possess but few of the copyrights of Captain Marryal's works, many of them having already been published in a cheap form. I will let you know in a few days those that belong to me." What is this but stating that what he did sell did belong to him? The offer was an offer for the exclusive right of publishing for ten years, and that offer he ex pressly accepted. We find the same thing if we pass from the letters to the receipt. What are the words of that document? " Received from Messrs. Sims the sum of 50/. sterling., for permission to publish Captain Marryat's work, • Tho Travels of Monsieur Violet,' so long as the copyright in that work exists, that right to be exclusively their own for ten years from this date." Is not the con tract there described broken by the plaintiffs not having the exclusive right? Here is a positive, direct, and express warranty, and we are therefore relieved from any con sideration of what may or may not be implied, and on the first issuethe judgment must be for the plaintiffs. Then, are the plaintiffs entitled to the verdict on the second and third issues? I think they are, for it is clear that Mr. Bentley had an equitable interest in the copyright of this work. The question has been mooted, whether we can take notice of the doctrines of equity when they come incidentally before us. No doubt we can. With respect to the ecclesiastical law, the old prac tice was to move for leave for the Court to be addressed by a pair of doctors, but when they were heard they came, not as witnesses to speak to the ecclesiastical law as a fact, but as counsel to assist the judges with their arguments. It has been said that we know nothing of Parliamentary law and the law of privilege; but we must instruct ourselves upon it in the best way we can, by looking into " Hatsell" and other Parliamentary honks, to qualify us for deciding upon it. So with re gard to equity, we are suppose() to be acquainted with it, or to hove the means of waking ourselves acquainted with it. Now Ido not doult that in this cue the agree ment between Mr. Bentley and Captain Marryat could have been enforced in equity, and I are therefore of opinion that the plaintiffs are entitled to our judgment on all the issues. The other Judges concurred. Judgment tor the plaintifF3. BAIL COURT, June 6. :sittings at Nisi Prius, before Mr. Justice WIGHTDILN and a Common Jury.) CELL V. FOWLER. This was an action brought by an attorney to recover the sum of 341. is. 61, being the amount of his bill of costs against the defendant, who was a gentleman that supplied casual information to some of the London news. papers. It appeared that the plaintiff had acted as attorney to the defendant, and had commenced an action at his in stance against the publisher of the Daily News, for an alleged libel that bad arisen out of a disagreement which the defendant had had with some of the morning ❑ewspapers in reference to a written charge obtained by him from the Bishop of London. The plaintiff refused to proceed with the action of libel unless the defendant paid him the costs out of his pocket, which he failed to do. The defendant, who appeared in person, stated that the plaintiff had undertaken to go on with the action against the Daily News for the sum of 71. Of the whole earn claimed by the plaintiff, 271. was for the costs incur red in the action referred to. The jury found a verdict for the whole amount claimed by the plaintiff, sohjpet to the taxation of the Master. POLICE INTELLIGENCE. CLEItKEIV WELL. Madame Leonara V iolante Valladier, surrendered to her bail, charged by M. Frarc is Caesar Valladier, of No. 12, Northumberland -str eet , S tran d , upon a charge' of bigamy. Mr. Lewis attended for the prosecution, and a Mr. Fisher for the defence. Mrs. Mary France; Bobbit, No. 1, Bryan street, Cale donian-road. Islington, sworn, proved that she saw Mr. Frederick Weymouth that day in the neighbourhood alive and well. Mr. Fisher—Pray, what are you? Mrs. Bobbit—l am a lady. Aro you married?—l am. Do you know the nature of an oath?—l do. Do you know that you are liable to be indicted for false swearing if you don't speak the truth ?—I do. He put other questions which were quite irrelevant, when he was stopped by Mr. CONDE, who told him that he would not suffer the time of the Court to be wasted. Mr. Fisher—Pray have you not been on terms of in timacy with M. Valladier? Mrs. Bobbit (indignantly) —Never, I have seen the prisoner with M. Valladier. They lodged in my house, and she promised to pay me, which she has not done. Mr. Fisher—Pray how long have you been acquainted with Mr. Weymouth? Mrs. Bobbit—Five years. Frangais Comer Valladier deposed that be married the prisoner in the month of November, 1848. Mr. Fisher—Pray how long did you know her before your marriage with her? Mr. COMBE (to the witness)—You need net answer that question. Mr. Fisher—Pray how long did you live with her be fore you married with her? Mr. CONBE—You need not answer that question. Mr. Fisher—Did you live with her at all? Mr. COMBE—You need not answer that question. Mr. Fisher—Did you ever open any boxes of her's? Mr. COMBE—You need not answer that question? Mr. Fisher—Oh, then it is no good putting any more questions here, we had better let the matter drop alto gether.—(A laugh.) Mrs. Charlotte Billington, of No. 2, Fair-street, Horse lydown, was present at the marr iagejaMarch, betweenah the prisoner and Mr. Frederick Weymouth, , 1845. Mr. Fisher was about to question this witness, when Madame Valladier rose, and addressing Mr. Combe, said—Sare, me don't wish that gentleman to say any more for me. Me mush rada t re say for myself. Mr. COMBS—Very well, h self? Madame Valladier— ye e s h you will defend your- Mr. Fisher (hesitatingly) , after that, your Worship, I suppose I need not stay here any longer. Mr. ColtnE (smiling) —You know best about that. He then w a lk e d off, without his f ee . as the reporter was informed , M. Valladier was re-examined—On making his ap pearance in the witnesi-box the prisoner, with consider able emotion, pointed at him and said: "De was the friend of nay first husband; he took me from my first husband (pointing to Mr. Weymouth, who was standing near the dock) (she here burst into tears and fell upon the seat). That man (looking at the prosecutor) dined at our table and he took me away." The prosecutor said she always represented herself to him as a single woman. She was fully committed to Newgate for trial. Mr. Weymouth here addressed the bench, and said be had a certificate in bis possession of a marriage which took place between the prisoner and a gentleman prior to her marriage with him (Mr. Weymouth), and she was no more his wife than M. Valladier's. Mr. Comßs said he could attend to nothing tut evidence. W e exceedingly regret to state that Major- General Macdonald, C. 13., of the Royal Artillery, brother of the late lamented Adjutant.. General, is a l arm i ngly ill at h i s roliaulice i Lozulpar—Brih§la Army ,Despatch. -\/ ;"~~_ , DREADFUL RAIL WAY ACCIDENT ON THE BRIGHTON RAILWAY, BRIGHTON, FRIDAY, JUNE 6.—A dreadful accident happened this morning on the line of railway between Brighton and Lewes, by which the lives of four persons were sacrificed, and a firth is not expected to survive. The names of the deceased are Mrs. Chatfield, about sixty years of age; her daughter, thirty yours of age (persons in the middle rank of life—Mrs. Chatfield has a son who carries on the business of a baker in Bond street, Brighton); George Chase, the stoker; and a young man, name unknown, whose linen is marked " Lawrence." It appears that the train which met with the acci dent was a short train from Brighton to Lewes, leaving Brighton at five minutes past twelve, and consisted of the engine and tender, a first-class carriage, a scond class carriage, and a third-class carriage, that two per sons were booked for the first-class, three for the second, and four for the third; three out of the four in the third class carriage were killed, and the other persons in the train comprised the engine-driver, the stoker, and the guard, whose name is Earle. The distance b e t ween Brighton and Lewes is eight miles, and half-way between the two towns is a tunnel called Falmer tunnel, which is about 100 yards in length. On either side this tunnel the railroad is on the declivity for at least two miles; in short, the declivity is so great thus it has induced the direct( rs of the railway company to place boards on each side, on which are written in structions for the drivers not to proceed more than twenty miles an hour, apprehending danger from an in creased velocity and from the curves with which the rail abounds on the Lewes side of the tunnel. This p re caution has always been taken by t h e public as a very u one. A coroner's inquest will bo held on the bodies of the unfortunate deceased this day, when the facts con nected with this melancholy event will be thoroughly in vestigated. The train stopped at the Falmer station, which is two miles from the spot where the accident happened, an d was proceeding down the declivity without steam. The guard of the traits, accompanied by one of the labourers, proceeded to the spot where the engine turned off the line, immediately after the occurrence, and there found a sleeper partially over the rails, with one end crushed and splintered, showing evidently that th e wheels of the engine had passed over it. It is right to add, that a report was current, which would exempt the engine-driver from blame as far as speed was concerned, and that was, that a sleeper had been placed upon the rails, which threw the train WI the line. Then, again, we have it from informa tion collected on the spot, that the tender preceded the engine, and that a sleeper on the line would naturally enough throw the tender off the line; whereas, if the engine had been first, the accident would not have happened. It seems feasible that the tender was first, from the po sition in which it was observed after the accident, it being some eight or ten feet in aevacce of the engine. With regard to a sleeper being placed across the road, we have no very authentic i nformation; the only reason for arriving at such a supposition is, that a railway la bourer saw three sleepers on the side of the rail shortly before the accident, but after the accident he saw only two. He states that ho was at work on the line within 100 yards of the accident, and heard a crash. He ran to the spot, and the guard called to him to make haste. On arriving there ho saw the smash. The spot where the accident took place is within a couple of miles of Lewes, over an embankment about thirty feet deep. The engine appears to have been off the line about fifty yards from where . the catastroph e happened. It did n u t tear up the rails to any very great extent, but it carried away the brickwork over the bridge and fell to the road below, carrying with it the tender, a second-class carriage, and a third-class carriage. Three of the third-class passen gars, Mrs. Chatfield and her daughter, the young man Lawrence—if his name is Lawrence—were thrown out and killed on the spot, but what became of the fourth third-class passenger we have not been able to learn. The unfortunate stoker was jammed between the engine and a brick wall below, and was completely smashed. Upwards of an hour had elapsed before the parties in at tendance could extricate the poor fellow, whose face pre sented a shocking sight. He was the son of a servant of the Brighton Railway Company, who was killed some 16 or IS months ago at New-cross, and his widowed mother is now holding a situation at the Brighton terminus. The news of this distressing event was an additional shock to her already shattered nerves. Mrs. Chatfield and her daughter were thrown out and killed on the spot, but presented no appearance of mutilation; neither did the person who is at present unknown. Superintendent Flannagan, of the East Sussex constabulary, described to our correspondent that the linen of the deceased was marked " 5. 49. A. Lawrence," and that he was dressed in a black frock coat, plaid waistcoat, dark paletot, drab trousers with a broad stripe, Wellington boots, a watch and some money in his pocket, and a third-class ticket to take from Brighton to Lewes. All the four bodies were, by direction of Superintendent Flaanagan, taken to the Black Horse Inn at Lewes to await the coroner's inquest. The engineer, Jackson, is so much injured that his life is despaired of. Just as our report was dispatched it was ascertained that the unfortunate man who had been removed to the Sussex County HospitA, had, with the advice of the medical officers of that establishment, con sented to have both his legs off. A soon as the accident became known at Brighton, a special train was dispatched to the spot, containing Mr. Laing, the chairmen of the railway, Captain ItPKenzio Shaw, principal superintendent at Brighton, and one or two of the railway officials, who made the strictest in quiry into the particulars of the accident, and gave the necessary instructions to get the line clear an quick as possible for the ordinary trains, and it was ready sur prising that a frightful accident like that which we have . _ ust recorded should not have broken up the rails more ,han it did. Chase, the unfortunate stoker, is a tingle man; Jack son. we believe, is Married, but has no family. The report that the train had been thrown off through the instrumentality of some wicked person induced the authorities of Brighton to visit the spot. Mr. Chase, the chief officer of the Brighton police, Mr. White, his principal superintendent, Mr. Mniae, the inspecting; officer of the railway, were all on the spot endeavouring to find out if the accident had been cm, sioned by the malignant act of any individual; but, up to the time this account left Brighton, no clue of a sa tisfactory character to such a proceeding had been as certained; and the deep injuries received by the driver, who is not able to state how it happened, involves the circumstances in mystery. The Brighton line has the credit—and not without truth—of being one of the best conducted lines in the kingdom, and has been more free from accidents than almost any line ; and it is quite evident that the in quiry which must inevitably follow will exonerate the directors from any blame in this unfortunate matter. At present it seems to have resulted rather from soma act on the part of a miscreant, or fromincautiouaness. RAILWAY RETURNS TRAFFIC RETURNS FOR THE PAST WEEK. Miles opened 1851. NAME OF RAILWAY. Receipts. BRITISH. Belfast and Ballymena •• • • •••• • • • • Belfast and County Down.• • • • • • • • • • • Birkenhead, Lancashire, and Cheshire Bolton, Llackburn,andtiPest York ••• Dublin and Belfast Junction Dublin and Drogheda.. • • • • • • • • • Dublin and Kingstown Dundee and Arbroath • • • • Dundee, Perth, and ..therdecifJunction Dundalk and Ennlskillen• . • • • East Lancashire • • • • • • • • • • Eastern Counties and Norfolk Eastern Union • • • • Edinburgh and Glasgow . • • •, • • • Edinburgh, Perth, and Dundee... • • Furness Railway ... .•• • • •• • Glasgow, and South-Western.. :• • • • • Great d Glrasegol Southerntfn Paisley, a a dacl Greenock ° ( • ; • r i C . l a n ..• d) Great . sl W i:e te a: i d York ...s hire . • ••••• • •• • • * *** ** * ****** * • .•.••• * Lancaster and Carlisle.. Leeds and Thir s k Liverpool, Crosby, and • Southport.... •• London and North Western ...... • • • London and Blackwall• •• • • London, Brighton, and South Coast.. London and South Western. :••• • • • • Londonderry and Enniskillen .• • • • • Manchester, Buxton, and Matlock, &c. Manchester, Sheffield, andLincolnshire Manchester and South Junction • • • • •• B aryport and Carlisle • ...... •• • •• • • Midland ...• • •"• • • .. '• ••• • • • Midland Great Western (Irish) • • • • • • Newcastle and Carlisle.. .• • • • • • • • • • • North British •••••••• • • • • • • " "• • North Staffordshire • • .••••••• North•Wesurn •• • . Scottish Central • • • • • • • • • • • " • • • • • -• S co tti s h Midland ••••••• • • • • • • • •• Shrewsbury and Chester • • • • .• • • • • • • South i; Sh u ro t ph Devonmi re te r .. ...... South Wales S ou th York., Doncaster, and Goole .. • • • Waterford and Limerick . ..... West Cornwall ••• • • • Whitelfaven Junction • . • • York and Newcastle, and BerWiCk York and North Midland . ••••••._ _ 171 N 22% 236 262% 1214 518% 173% 239 11% 157% 9% 28 496% 50 185 u. £1,245 221 1,250 453 4,530 6,339 2,8!0 870 1,374 434 sii2 712 3,189 16,09 2,351 4,234 2,370 421 3,361 1,133 3,195 4,219 16,702 4,035 13,775 230 46,841 1,075 15,101 11,637 134 5,549 5G6 20,894 1,333 2,231 .5,291 4,80 1,443 1851, X 1,578 449 1 536 216 1,444 729 4,476 6,418 2,743 697 941 1,117 532 693 615 3,911 14,750 2,130 3,950 2,1158 .A 72 1,t82 11,736 FOREIGN. Amiens and Boulogne. •• •• •• ••. •• • Montereau and Troyes Northern of Prance ...... Orleans to Bourges (Cent.) ......... Orleans to Bord eaux Paris and Orleans ...... • Paris and Rou en . •• •• • •••• •• •• Rouen and Havre ..,.•• •••• - 536 4,069 1,196 10,781 4,095 20,252 3,974 15,404 1,187 2,417 774 201 14,473 6,996 4241 53,035 1,385 10,003 12,876 164 6,600 618 20,893 1,319 2,170 3,425 4,947 470 1,623 1,349 17046 2,5 3 7 2,: 3 3 7,(3) 5,97' 2,544 532 1,521 555 1,87 s 13,780 1,020 1,225 2,429 851 366 203 13,967 7,081 1,570 920 17,848 3,023 3,151 7,796 5,892 5,973 HUNGARIAN REFU FI GRES.—SOUTAMPTON, FRI DAY, JUNE 6 . — About ninety Hungarian refugees arrived here yesterday, in the Penin su lar and Oriental Stearn Navigation Company's ship Sultan, from Constantinople. This morning Mr. Richard Andrews (the mayor) received a telegraphic dispatch from Lord Dudley Stuart, informing him (in answer to his application on the subject) that Lord John Russell had informed his Lordship that the Government would defray the expense of the passage -money of the ninety Hungarians to New York, and of their subsistence during the time they may remain in Southampton, waiting for arrangements to be made for their pass age to the United States. rADvEwris snzs a.:l—THE EARL of ALI:MOROI:MB AND HomowAr's Pmts. AD astounding cure by this mirac u l ous medicine, aiter ever y other m eans had failed. See extract fr om hi s Lordship's letter , datedv illa Messina , Leghorn, Feb. 21, 1845. p ro f e ssor LfollewaY— I beg to acquai n t you that your pills h ave e f. Sir : fected a cure of A disor der in my liver and stomach which all th em e eminent of the faculty, at home and all over the continent, had not been able to effect; nay, not even the waters of Carlsbad or Ma • ( s ig n ed) " ALDBOROUGH." These wonderfid pill s iennad. (Sign will nre an y. disease of the liver or stomach.—Sold (also liollerrafa jiiiiment) at Professor Holloway's Establishment, 244, Strakii. IA Dr 01 mediae vondors Womb* theeitlind .worl4, ~M othe rs, kiethr " 1 , ‘