The Sun. — London, England, 1832-06-18 00:00:00

SPIRIT OF THE PUBLIC JOURNALS. We observe that the Sovereigns of Western and Northern Germany dread the celebration of another festival like that of Hambacli. The measures concerted by the patriots, and the dis courses delivered by the orators who met on that occasion, seem to have created a general alarm among the rulers of that country. Even the Grand Duke of Baden, who had acquired po pularity by agreeing to a law for establishing the freedom of the press, has declared against such general assemblages to discuss politics and to listen to patriotic harangues. He has, there fore, issued a manifesto to his subjects, strongly censuring the conduct of the multitude who lately celebrated the enactment of constitutional liberty, and forbidding any meeting for similar purposes within the States of his Grand Duchy. The Grand Duke, probably urged by the Diet of the Confederation, calls the late speeches de livered at Hambach seditious, and accuses their authors of wishing to establish a German re. public. We have no doubt, therefore, that either a new Congress of German Sove reigns will be formed,—to check this alleged evil, or that the German Diet,—power leas to do good, or to restrain folly, —will attempt to impose new shackles on the comparative freedom of the smaller states. The Grand Duke is not very consistent in his reasoning on this subject in his proclamation. He says, that the very idea of the convulsion which these meetings may occasion, has excited terror in the minds of all the proprietors, agri culturists, and manufacturers, in his dominions ; and yet he warns these same terrified proprietors, agriculturists, and manufacturers, not to frequent them ! Nothing could better evince the ten dency of the German mind to political change, than this ordinance. It appears, that in meetings which shall take place for the purposes of fes tivity, the people will take the opportunity of' discussing politics, and it imposes a penalty on such discussions, even independent of their se ditious or treasonable character, which is left to be settled by the judgment or the usual tribunals, and according to existing laws.—Tinzes. We have repeatedly mentioned, that the Par liamentary Reform Bill, which is now happily beyond the reach of danger, is only the means to an end. That end is the correction of exist ing abuses, and the attainment of a future bene ficial administration of our national interests and resources, through the establishment of a con trol in the people over the management of their own affairs. We have now got the instrument in our hands—a mighty instrument of improve ment we think it will be—and the next question is, to what purpose shall we first apply it, or how shall we derive from it some of those va rious advantages, the prospect of which stimu lated our zeal and supported our efforts for the last eighteen mouths ? The multiplied applica• Lions of this great moral engine (compared with which on the future happiness and prosperity of this nation and of the world the physical powers of the steam-engine dwindle into insignificance) we cannot at present stop to enumerate ; but, one of the first subjects which will come under the notice of the new legislature which it will return, will be the state of the Church. The two Bills of the Archbishop of Canterbury, for diminish ing the shameless abuses of pluralities, and for effecting a composition for tithes, are meagre, wretchedly meagre, but they lay the foundation for a great Ecclesiastical Reform, with the con sent of the body whose interests they affect, and at least announce that the heads of the Esta blishment see the necessity for changes, which, if proposed by a layman two or three years age, would have exposed the hardy projector to the charge of blasphemy or sacrilege. But we have before us more unequivocal proofs of the neces sity of the coining investigation, and of the length to which, in order to be satisfactory, it must extend, in some pamphlets on the subject, both by clergymen and laymen, to two of which we beg more particularly to call public attention. The first is by Lord Henley, entitled A Plan of Church Reform; and the second is A Letter to Earl Grey on Church Property and Church Reform, by the Rev. J. Miller, Vicar of Pit tington, Durham. Lord Henley unites in him self every quality which can strip an Ecclesias tical Reformer of' his terrors, being not only a religious Nobleman, attached to the venerable ecclesiastical institutions of the land, and con nected by family ties with their most strenuous supporters—but occupying a judicial situation which leads him to study them, and gives him a bias in their favour. The extent to which he goes, therefore, if it does not excite alarm, may at least create surpri,e. We shall let it burst upon the reader all at once, before we make any remarks upon its policy, or state any of the reasons on which it may be justified or resisted. The most prominent evil in the church appears to his Lordship non-residence and pluralities. He is, therefore, for enforcing resi dence in all cases, and abolishing pluralities in all cases, as soon as both can be effected con sistently with the vested interests of the present incumbents, and a necessary provision for all the parish clergy by the augmentation of' the smaller livings. He finds the means of this augmenta tion in the Church itself, by abolishing the si necures of the cathedrals and collegiate esta blishments, and by applying their revenues for the support of the working clergy. The admi nistration of this fund he proposes to place in a Board or Corporation, like that of Queen Anne's Bounty, which has hitherto been totally ineffi cient from its trifling produce, occasioned by the most absurd management. The Noble Lord then carries his reforming hand to the mitre, and proposes to prevent translations from one see to another,—to enforce episcopal as well as parochial residence,—to abolish the inequality between the revenues of diffe rent bishoprics, and the privilege of holding commendams,—to give them all about 5,0001. a year, with an addition to the two Arch bishops,—to exclude them all from the House of Lords,—and to take steps for renewing the Convocation, on its ancient footing, for mana a CI C , im , their purely ecclesiasti ca l a ff a i rs . T wo other parts of his plan are not unimportant, though of far less consequence than any of the previous arrangements. As several of the dioceses are inconveniently large, he proposes the erection of tato new Bishopricks ; and as the efficient performance of clerical duties may not be compatible with a certain age, lie suggests the propriety of retiring allowances, as in civil or military service. The Noble Lord does not enter on the subject of tithes, though he seems evidently inclined for an immediate commutation of that species of property, so as to increase the utility of the clergy, by destroy ing the existing chances of collision between them and their parishioners. He is, of course, opposed to every scheme for diverting any pot-• tion of the revenues of the church from the church itself. Mr. Miller enters at greater lengthinto the question of tithes, and feels equally disposed to render residence con venient and possible by augmenting small livings out of a real and not fictitious ' levy of first-fruits and tenths ; but he is not hold enough to propose any reform in the higher order of the hierarchy, or to shut the doors of Parliament against the Bi shops. So far as Lord Henley's plan goes to enforce residence, and to improve the condition of the lower clergy, at the expense of deans, chapters, and collegiate dignitaries, he must have nearly all the reasonable portion of the public attached to the church on his side. What can be thought of the age—what can be thought of the country—in which so well-endowed a church as that of England does not afford a resident clergy to above-two-thirds of its parishes—in which there are 4,809 livings upon which a cler gyman cannot reside,—in which there are pa rishes where divine service is not performed but once in three weeks or a month,—in which there are benefices under 12/. per annum in contrast with others worth 2,000/., 3,0001., or 4,000/., —in which there are large districts where the week-day ministrations of a pastor are as little known as in a heathen land, and in which, with all the learning and piety of the great body of the clergy, the purposes of an ecclesiastical insti tution for the religious instruction and consola tion of the poor and laborious classes are so im perfectly fulfilled ? But in the present state of church livings, it is impossible that such a reform can be realized. There are, by a Par liamentary return, 4,361 livings in England and Wales under the annual value of 150/., and therefore unable to maintain a resident clergy man. There are 2,626 livings where there is no parsonage-house, and 2,183 more, where there are houses rented at 2/. or 3/. a year, unfit for he residence of a clergyman. It is t o provide a necessary clerical income, and a habitable par sonage-house in every parish, so as to render residence possible, and to wipe off this blot from our Church Establishment, that Lord Henley proposes to appropriate :he revenues of the Deans and Chapters, after deducting the sum neces sary for the due performance of the cathedral service. The whole of this sinecure revenue he calculates at 300,000/. a year, (a sum, by the way, greater than that which is allotted for the support of the whole church establishment of Scotland) and, leaving a sufficient income for the deans and their chaplains, he finds, or may find, nearly 200,000/. for increasing small livings and building clerical dwellings, under a proposed board of management. Reserving for another opportunity more detailed and more em phatic observations on this and other parts of the proposed Church Reform, we must conclude at present with the following quotation, which ap pears to us to contain remarks as just as they are well expressed " It seems astonishing that this great and understand ing nation should permit such a continual violation of the spirit and letter of Christianity to exist in its very bo elm. That while so many thousands are annually raised by voluntary subscriptions to send forth missionaries in the remotest corners of the world, we should dole out the re venues of the national church in so unequal a manner, that more than 4,000 of its districts are unable to support a minister in the decent habits and respectability of a gen tleman. And that while we have millions at home who arc living in total alienation from the sanctions and com forts of religion, we should ' sow beside all waters; except those whose borders have the first claims for our culture. "` These things ought not so to he,' and if there were no overgrown and unwieldy endowments in the church—if there were no sinecures, the existence of which brings dis credit on the establishment, no payments utterly dispro portionate to any service that is rendered for them—these details would have established a right to require the legis lature to devote a grant, or a series of annual grants, to this great exigency. And if ever the time shall have ar rived when no revenues are paid, except such as ure fit for the just and legitimate dignity of the hierarchy, and when no stipend is received but in return for some adequate amount of service done to the cause of religion, then, and not till then, may Parliament properly be called upon to supply all deficiences. " In the mean time, we must remember that the en dowments of the church are property given for a special purpose. They are the subject of a gre►t trust for the maintenance and service of religion. And whether we regard the church in the abstract as one viast corporation, or in one technical point of view, as a❑ aggregate of cor porations, she must equally be considered as a trustee invested with the management and control of funds given fur the discharge of a duty of the very highest and holiest nature. And if by time, or accident, or neglect, or by the rise or improvement of property, or by the increase of population, any material impediment shall have arisen to prevent the due performance of this trust, it is the clear right and bounden duty of the Legislature to enforce its faithful execution. And if this cannot be effected except by some change in the channel through which the fund is transmitted, notwithstanding all objections to extensive alterations, yet such alterations must inevitably be effected. It would, indeed, he injustice and tyranny to abridge the life-income of any individual ; but when the highest inte rests of the community, and the strong call of religion, unite with the clear will of the donor, in pointing out the necessity of a❑ alteration i❑ the specific mode of effect ing his intentions, there should no longer be any doubt of the justice or of the propriety of varying any existing mode of distribution as to all subsequent objects of his bounty. No one now maintains the inviolability of cor porate rights, where a clear case of public necessity or expediency demands their sacrifice. And when the first of all duties, and the most urgent of all necessities, call for an alteration in the application of public property, it would be preposterous to contend that the embryo rights of any number of unappointed or unborn functionaries can legitimately interpose to prevent a just or necessary mea sure of Reform."— Times. The Select and Secret Committee of the House of Commons now sitting " to inquire into the expediency of renewing the Charter of the Bank of England, and into the system on which Banks of Issue in England and Wales are conducted," involves a public and Ministerial trust of most immediate and critical importance. This difficult and momentous subject compre hends neither more nor less than the whole monetary system of the country ; it vitally con cerns the integrity of every commercial contract, and the happiness of all the productive classes and the millions engaged in labour. This legis lative inquiry is undertaken at a period of un exampled national distress and political diffi culty ; it involves every interest in this vast hive of industry; and surely such a responsible and grave matter of legislation will not be " slurred over" and settled by hocus-pocus trickery, or filially determined at so late a period of the session in an unreformed House of Commons, when neither time nor circumstances admit of a full or dispassionate inquiry. The affairs and connexions of that great Political Corporation, the Bank of England, must be fully investigated ; and although it is a subject surrounded with difficulty, it may nevertheless be satisfactorily and prosperously settled. We well know that all the money-changers are on the run, and in a monetary perspiration—we hear, on good autho rity, that the Bank Directors, and their country agents, are affecting great alarm for " the best interests of the nation," if their question in the Commons' Committee be " kept open." We are well aware that every class of the Old Lady's servants, retainers, hangers-on, and debtor-slaves, are raising the hue-and-cry, " For GrOd's sake let the Charter be renewed ; the monopoly must be continued ; you don't know, &c., we shall have all the money matters of the realm in con fusion," &c. We know that all these old agen c i es and stale devices are at active work; but surely the good nature of Lord Althorp and the coin mercial acuteness of Mr. Poulett Thomson will not be imposed upon or bamboozled, even though Sir Robert Peel (our committee-man) and Mr. Herries should be playing the game of the Bank Directors. We confess, how ever, fears are justly entertained by the public that inquiry will be smothered, that a long renewal of a partial and most injurious mo. nopoly will be hastily conceded—in short. that Lord Althorp will be humbugged—a vulgar but expressive term. The public, and all practical and enlightened Political Economists, are suspicious' and highly dissatisfied with the usurped powers enjoyed by the Bank of Eng land over the circulating medium, and with the mysteries of the Bank parlour. The illicit in tercourse of the Old Lady with every Ministry of the day has mainly contributed to the present fearfully embarrassed state of the country. This great monetaryand political paper-mint originated in the difficulties and debts of the British Go vernment—a moA sandy and dangerous founda tion. In 1694 the Bank of England was formed out of a loan of 1,200,000/. for the public ser vice. In two years it became embarrassed, and suspended payment of its notes on the occasion of the great recoinage in 1696. For further advances to the public service in 1710, the Cor poration obtained a renewal of their Charter with a certain monopoly of English banking. Thus grew up this enormous piece of State machinery and paper manufacture. The Charter was first granted to continue for eleven years certain, or till a year's notice after the Ist of August, 1705; it was further prolonged in 1697. In 1708, the Bank advanced 100,000/. to the Government, without interest, and the exclusive privileges of the Corporation were again prolonged till 1733. The Directors, at various subsequent periods, again bartered with the Ministry of the day in further loans and advances for successive renewals of the Charter, which, in consequence, is now continued, subject to a year's notice, after the Ist of August, 1833. This last renewal was made in 1800, in consideration of a further increase of the National Debt, in an advance by the Bank to the public of three millions for six years wHiout interest ! At this moment, and which most unfortunately involves the fair con sideration of the monopoly, the public are deeply in debt to the Bank of England, in a sum ex ceeding, we believe, seventeen millions sterling, besides I. 0. U.'s in floating debt, Exchequer hills, and dead-weight. Such is the deplorable situation of this mi , governed and Bank-robbed country—such the fangs of the money-changers fastened in the vitals of the people. And while the doctrine of free trade is preached by every enlightened man of the present day, we are for sooth to have a close monopoly of money ; and a few irresponsible and self-elected Directors of an embarassed public Bank juggling with all Govern ments—be they Tory or Whig—to be the sole and uncontrolled creator of the currency of this nation, and through England the regulators of a great portion of the monetary transactions of the com mercial world ! The history of the Bank of England is the record of one continued series of embarassment and money-juggling, alternately the slave and tyrant of the Government, its funds have been ever improvidently lent; and a most • injurious connexion has been maintained with every Minister. Hence the Bank of England has always lived in the breath of the nostrils of a Cabinet ; and in every political crisis of the coun try must inevitably have shared the fate of the patties and changes of Government. In 1745 the Old Lady received a severe shock when the Highlanders and Pretender arrived at Derby; in 1780, 1792, and 1793, she was subjected to alternate "hot and cold fits." In 1797 the firm of the Bank of England ought to have been " W. Pitt and Company." German loans ; foreign bills drawn by British agents abroad on the Treasury ; unwilling advances to the Govern ment,,, gave the Old Lady a " sweating sickness. Her final stoppage in that year, and her long subse quent disgraceful situation ; the alternate robberies perpetrated through her agency on the creditor and debtor interests of the country ; the tremen dous consequences of returning to cash payments without any alteration of the standard ; the pre - sent absurd and artificial existing Legislation on Small Note Currency ; the prostration of all branches of industry ; the existing Bank Mono poly, and the artificial restrictions on the inte rest of money and on barter, are too well known unhappily, too acutely felt in every corner of the empire—to require any present illustration. Any of our readers who may desire to under stand the grave importance of this vital subject, need only read Mr. Cobbett's " Paper against Gold," the pamphlets on the Bank of England by Mr. M'Culloch and Mr. Wells, and a re cently-published " View of the Banking Ques tion, resulting from practice and experience, at tributed to Mr. Henry Burgess—than whom no man is more thoroughly conversant with the credit and general monetary transactions of both England and Scotland. Now, we ask, is this grave matter of inquiry and vital legislation to be smothered, and prematurely closed, when the errors of a century of misgovernment have to be detected, exposed, and remedied ? Have the public no right to the fullest knowledge of this labyrinth of monetary chicanery ? Is the circulat ing medium ofthe country again to be farmed out to a few metropolitan capitalists ?Are we to he again al ternately subject to unexpected issues of paper, and the most destructive and unforeseen contractions of the circulation ? Are the past frauds to receive no remedy ? Is inquiry to be stifled, and are we gravely to be told that the currency has had no thing to do with fall of prices—no agency in the suffering state of labour? Are we to be told again that the currency is in " a most healthy state ;" that the existing Legislation is " a final measure ?" With a full knowledge of the jug glery always at work between the Government and the Bank Directors—that the Bank of Eng land has been the great architect of the Na tional Debt—that her secret and mysterious loans to British Cabinets have rendered abortive and ludicrous the great representative right of the Commons to grant or withhold supplies—can Lord Althorp, a sensible and honest man, satisfy his conscience that a close room and hurried in vestigationlen gthened renewal oeofn,,,tdihuielcitleo7 Bank Charter ? We o f th e B an k a ff a i rs can j ust ify any feet confidentinquiry, p e t h r l a y t must s t c a n n n e o c t e . s s a T r y e last several months. It is the fitting subject of a thorough examination, and the gravest legisla tion by a Reformed House of Commons. The investigation involves a thorough sif t i ng i nto t h e Debt--into Taxation—the Circul a ti ng M ed i um —the practical knowledge and theoretical opi nions of Country Bankers and Economists ; the subject cannot now be " settled." A long renewal of the Charter —n a y, a renewal exceeding t w o years, would not be recognised no r res pected by a Re formed Parliament. It would be equally im politic and futile in the Bank Directors to re quire, or in the Government to concede, any— thing more than a temporary renewal of this un popular and fatal monopoly. The Government may rely upon it that the mercantile classes of the metropolis and the country are viewing the determination of the Commons' Committee with intense and jealous interest. The public will have a balance-sheet, a good accountant's re port of the state of the debts and credits of the Bank ; a reformed Parliament will dissolve the partnership between the Bank Directors and Cabinet Ministers ; this great " mystery of in iquity" must be unveiled. We shall return to the subject in a day or two; in the mean while, it is curious to observe how consistent the con duct of Ministers, Bank Directors, and capital ists, has been for a century past, in relation to the Bank monopoly. In an old quarto tract, by John Holland, of the date of 1715, entitled, The Directors of theßank of England enemies to the great interests of the Kingdom, we find the following apposite sentence—" As it is now a-days the interest of so many men, and among them a great number who are exceedingly rich, that the nation shall remain under a great debt — as these gentlemen have visibly increased in their number and substance every year, and are become (who is not witness of it ?) very formi dable in their power and influence, there want only that several of the Ministry be brought into the same interest,—that is, to find their best account to arise from the funds —and then we are an undone nation ; for these joining together will be able to change the very Constitution, de stroy the Monarchy and Parliament, and come into their places themselves under what form of Government they shall think fit. God forbid that any of the Ministry should come into their measures—they have hitherto mistaken those gentlemen's interest ; they are not aware that they desire nothing less than paving off' the debts of the nation !—a principle sufficient to denominate any man to he no friend, but an enemy, to his country." We will only say that we think the stability of the form of Government and security of property far more deeply involved in the de termination of the Bank Committee than in the mad selfishness of the Tories or the designs of St. Simonian Republicans. Money is the organ of respiration in a nation.—Morning Chron. COURT OF CHANCERY, JUNE 16. IN RE I3AGSTER. The LORD CRANCELLOR, after having deliberated on this matter, had come to the determination that a commission of lunacy should issue from this Court. He had paused, because he was desirous of avoid ing the trial of the inquisition, if it was probable that another similar inquiry might take place before another tribunal; but as he found that it was not likely that the trial of the traverse, if it should come to trial at all, which was not indisputably certain, could come on for some months, and as in that form of proceeding the unfortunate individual who was the subject of it would not be produced before the Jury, he had c ime to the conclusion that the peti tion for a commission ought to be granted. He thought also that it would be less prejudical to Mr. Newton, the alleged husband, because many of the circumstances which must form part of the case in the Court of Common Law, and to which it was not necessary to allude more particularly, would not be brought forward before the Commissioners. An application was made to the Court for leave to Mr. Newton to appear on the commission, and for medical men to visit the lady; which was granted with')ut prejudice to the question of costs. His LORDSHIP had been referred to a case " In re Chapman," which appeared in its circumstances to be very like the present, and which, as the last precedent, he thought it would be well to follow. COURT OF KING'S BENCE!, JUNE 16. THE KING V. TIIE JUSTCES OF SALOP. Lord TENTERDEN delivered the judgment of the Court in this case, which was argued yesterday. It was an application for a mandamus to the Justices of Salop, commanding them to appoint overseers for the township of Oldborough, which was one of the townships in the parish of Hales Owen, and was situate partly in Salop, and partly in Worcestershire. There was only one church and one set of church wardens. In that part of Hales Owen which was in Salop there were 13 townships, and for that part there were four overseers appointed. The whole 13 townships were considered as divided into four quarters, and it had been usual to appoint for over seers a person resident in each of these quarters. For a considerable number of years, that part of the township of Oldborough which lay in Salop had been subject to one overseer, but in the other part there had been always a separate overseer.--Rule absolute. THE KING V. THE JUSTICES OF MIDDLESEX. Mr. Justice LITTLEDALE delivered judgment in this case. This was an application for a writ of mandamus directed to the Justices of Middlesex in General Quitter Sessions, commanding them to cause continuances to be entered to the appeal of William Spicer, against granting to Robert Wil liams a licence to keep a public-house in West street, in the parish of St. Giles-in-the-Fields. It appeared that a license had been granted to Robert Willi Ann by the Justices at their Special Sessions, and William Spicer, who had a public-house in the neighbourhood of the house licensed to Robert Williams, considered that he was a party aggrieved by the granting of such license, and had therefore appealed against the decision of the Magistrates. The case turned on the construction of the act of the 9th Geo. IV. c. 61, which was an act to regulate the granting of licenses to keepers of inns, ale houses, and victualling-houses in England. The 27th section, upon which the question arose, was in these words :—" And any person who shall think himself aggrieved by any act of any Justice, may appeal to the next General or Quarter Sessions of the peace." The question was, under this section of the act, whether or not the jurisdiction of the Justices at Sessions extended to a case like the pre sent, and the Court were of opinion that it did not. They thought the words " person who shall think himself aggrieved" meant a person who was imtne diately aggrieved, and not one who was only conse quentially aggrieved by the granting of a license to another person in his neighbourhood. With re spect to the case of Spicer, he was not a party im mediately aggrieved. The Court were, therefore, of opinion, that this was not a case within the mean ing of the act, and the rule must therefore be dis charged, Mr. CAMPBELL applied for the costs. Sir J. SCARLETT objected. It was stated in the a ffidavits, that the Justices were divided in opinion upon the question, and were desirous of having the opinion of the Court. The COURT, upon this statement, refused to give the costs.—Rule discharged. GRIFFIN AND ANOTHER V. THOMAS. In this case Mr. Campbell had obtained a rule for an attachment against John Gully (the champion), for his contempt in not obeying a writ o f subpoena ad testificandum. It appeared that Ai r . Gully had been subpoenaed on the part of t he defendant, and was in attendance for several d a ys successively in the ear l y part o f t h e term. The cause was in the paper for trial on the 2d instant, and on that day it was expected to come on. Mr. Gully was in attendance till half -past two o'clock, when a case expected to occupy the re mainder of the day was called on, and Mr. Gully, having been told by his attorney that there was no chance of this case being tried on that day, left the Court. The case was afterwards called on. Mr. Gully was called on his subpoena, and a verdict passed for the plaintiff. Sir J. SCARLETT showed cause against the rule. Lord TENTERDEN—Looking at the whole of the affidavits, it does not appear that Mr. Gully has been guily of wilful contempt of the process of the Court. Where a witness manifests an intention to obey his subpoena, and after being in attendance _goes away fairly and honestly we think it is too much to direct an attachment against him. Mr. CAMPBELL—I am certain the defendant would have had a verdict, if Mr. Gully had been examined. Sir J. SCARLETT—I am confident he would not.—(Laughter.)—Rule discharged. MILLS V. THE HUNDRED OF --. This was an action to recover compensation for damage done to property belonging to the plain:iff during the late riots at Bristol. The plaintiff had brought a second action in the Court of Exchequer, and an application had been made by Mr. Campbell on a former day, to compel the discontinuance of one of the actions, on the ground that two ought not to be brought for the same cause. A rule nisi having been granted, Mr. MAULE now showed cause. The plaintiff, be contended, had a right to have two strings to his bow. It was not his intention to proceed in the second action, which had been brought in the Court of Exchequer, unless he failed in that which had be©n brought in this Court. Mr. CAMPBELL, in support of the rule, observed that there had been two actions for the same cause, brought in different Courts, for the express purpose of evading the Act of Parliament. Lord TENTERDEN—The only question is, whether you ought to have proceeded by plea in abatement. Mr. CAMPBELL submitted that, where the process of the Court was abused, their Lordships would in terfere summarily. Lord TENTERDEN—The difficulty I feel is, how this Court is to proceed, the action being properly brought here. The second action has been im properly brought, but it appears to me that the Court of Exchequer is the Court which ought to interfere, and not this Court. I think the rule may he made absolute. The plaintiff must make his election. His contrivance is a very ingenious one, but the object is to erade the Act of Parliament. Mr. CAMPBELL applied for the costs. Lord TENTERDEN—No ; if you had pleaded in abatement, you would not have got costs.—Rule absolute. THE KING V. BRAIN. Sir J. SCARLETT prayed the judgment of the Court upon the defendant, Ephra'm Brain, who had been convicted upon an indictment charging him with having refused to serve the office of petty con stable of the parish of St. Bartholomew the Great. The defendant having appetued on the floor of the Court, an affidavit was put in on his behalf, stating that his refusal to serve the office was not wilful or intentional, but that he had acted under the advice of his attorney, who had told him that he was not bound to serve. He stated further, that he believed the object of his prosecutors in wishing him to serve the office in question, was to prevent his being elected to the office of overseer, and thereby becoming one of their own body. He swore also, that he had been put to great ;nconvenience and expense by this prosecution. Mr. PRENDERGAST, after adverting to the facts stated in the affidavit as given above, observed that the defendant's refusal to serve the office in ques• tion, arose from a belief in his own mind that he was not liable to serve. There was also an affidavit from a surgeon, which showed that he was in a bad stare of health, being affected by the disease called pneumonia. Lord TENTERDEN—What does that mean ? Mr. PRENDERGAST (Mr. F. Pollock having whis pered him) —My friend, Mr. Pollock, has been kind enough to tell me that it is an affection of the lungs. The surgeon also swears that the defendant is amicted with a disease called erysipelas, the meaning of which, 1 presume, need not explain to your Lordships. Lord TENTERDEN—Ok no.—(A laugh.) Mr. Justice J. PARKE—lnflammation of the lungs is not expected to last all the year round.— (Laughter.) Sir J. SCARLETT began his observations, in an swer to Mr. Prendergast, by saying, that at the trial his learned friend, in defending his client, had called upon the Jury to set at nought the Act of Parlia ment. Mr. PRENDERGAST—I hope that the impropriety of my conduct as an Advocate will not prejudice the defendant before your Lordships. Lord TENTERDEN—No ; we will take care of that. Sir J SCARLETT did not wish to press for a heavy sentence under the circumstances stated in the affi davits; but he could not but observe, that the de fendant had put the trustees to very great expense, and at every step of the proceedings had been found to be in the wrong. Mr. Justice LITTLEDALE, in pronouncing judg ment, observed, that the defendant might have been sincere in.his belief that he was not bound to serve ; and under all circumstances, the Court were disposed to act leniently by him. It must, how ever, be understood, that in all future cases, the parties who refuse to serve an office of this descrip tion would be severely dealt with. The judgment was, that he should pay a fine of 10/. to the King, awl be imprisoned in the Mar•halsea until it was paid. Lord TENTERDEN—He will be liable still to be called on to serve the office. The defendant paid the fine, and was discharged. THE KING V. TIIE CHURCHWARDENS, &C., OF LAMBETH PARISH. Mr. CAMPBELL had to show cause against a rule for a mandamus to the defendants, commanding them to hold a vestry to elect fit and proper persons to serve the offices of churchwardens, vestry-clerk, and sidesmen, for the parish of St. Mary, Lambeth, for the year ensuing. The answer which he had to make to the application was, that churchwardens, vestry-clerk, and sidesmen, had been already elected; the sidesmen had been actually sworn into offer. The persons whom his learned friend represented were a sort of radical party in the parish of Lam beth, and they appeared to wish to bring about a revolution in the parish. On Easter Tuesday last the annual meeting was held for the election of parish officers. Before that time, hand-bills had been very industriously circulated throughout the parish by the parties at whose instance the present appli cation was made, calling upon the parishioners to come forward and vote for particular individuals who were named. Accordingly, on the day in question, a numerous meeting of the inhabitants was assembled, some of whom were rate-payers and some not. The school-room was the scene of action. The Rev. lir. Doyley presided as rector. Mr. Fell proposed his friend Mr. Grady as a fit and proper person to serve the office of vestry-clerk, and made a speech of three hours and three-quarters.--(A laugh.) Mr. Watmore proposed, in opposition to Mr. Fell, the present vestry-clerk, who had filled the office most honourably for the last eighteen years. The other parties were then proposed, and there was a show of hands of six to one in lay our of those whom he (Mr. Campbell) represented. A poll was then demanded. During its continuance, the parties who made this application published handbills and placards calling upon their friends to come to the poll as they valued their dear est interests. One of the handbills was addressed to " The Men of Lambeth," and it informed them that the hour was now come for their emancipa tion from all sorts of misrule and peculation. Sir J. SCARLETT—Hear, hear.—(Laughter.) Mr. CAMPBELL—It ex horted them to come to the poll or be content to live and die the basest of all slaves.—(Great laughter.) This placard %vas circulated by some of the gentlemen who were can didates for the different offices. Mr. Fell, Mr. Hunt, and Mr. Tebbutt, were the candidates for the office of churchwarden, in opposition to those who had been proposed by his (Mr. Campbell's) party. Mr. Fell arid his party, notwithstanding a ll their exertions, were beaten six to one, ari d they now came to this court for a mandamus for a new election. Mr. TRESIGER followed on the same side. He read some of the handbills which had been circu lated by what was called the radical party ; they cre ated treat laughter. Sir J. ScARLETT.—There were 14,000 persons in the parish who Leda right to poll ; it ►was clear, therefore, that the great majority of voters had not polled at all. His learned friend had gained some advantage by reading these spirited handbills. He (Mr. Campbell) knew that if they had been read in a certain assembly, they would have been received with very great applause. There was a public pro test against the proceedings on the part of those who made the present application. Lord TENTERDEN regretted that the case had been brought on at this late hour of the day (it was nearly six o'clock). The Court could not .give a hasty judgment in a case of so much importance. Mr. CAMPBELL proposed (as this was the last day of Term) that his Lordship, and the rest of the Learued Judges, should intimate their opinion o ut of Court, so that a rule might be drawn up as of to day (the last day of Term). Sir J. SCARLETT had no objection. Lord TENTERDEN—Then we will take an early opportunity of meeting, and we will look at the affidavits on each side. The Court did not rise t;11 nearly nine o'clock. LISBON. Liseosit, JUNE B.—The American frigate Constitu tion arrived in this port on the sth of this month, from the Island of Madeira. By this vessel we have received accounts from that island to the 29th of May. The Captain of this frigate not having recognised the blockade of that island by the rebels, protected the commerce of the Americans, causing the ships of his nation to enter the island, by which means a great quantity of provisions had been introduced. Besides the American ships, he also caused a Danish ship, laden with corn, to enter. The letters brought by his frigate state that the island is in the best possible state cf defence; that the spirit of the inha bitants is excellent, and entirely loyal to the King our So vereign. On the 23d of May the rebels raised the blockade of Madeira, and the Government and Captain-General im mediately gave orders to take possession of the Island of Porto Santo, which excited in the inhabitants the greatest joy and satisfaction at seeing themselves restored to the magnanimous Government of his Maj-sty, and delivered from the tyrannical oppression under which they groaned, there being no species of violence which the rebels did not practice against the peaceable inhabitants, who, be sides the robberies which they have endured, and extor tions of all kinds, were continually beaten. Such is the end of the much-vaunted project of the rebels to take possession of Madeira—such is the end of the political combinations that were to ensue as soon as they had occupied that interesting point. A blockade of fifty-five days excited in the inhabitants only sentiments of detestation, and, in the military, the wish that the rebels would attack the island, that they might defeat them. With these facts before us, it does not require much pene tration to see that the rebels, not having felt themselves strong enough to attack the island of Madeira and take possession of it, the notion of attacking Portugal is rash in the extreme. Nobody will think of comparing the king dom with the island in its force, resources, and state of defence. We can assure our readers that the principal plans of the rebels have entirely failed with the renunciation of their project to get possession of Madeira.—Lisbon Gazettc, June 9. COUNTRY CORN MARKETS DURING LAST WEEK. Wheat. Barley. j Oats. Beans. Per Quart,r. Is.to s. s. to A. s. to s. s. 8. Carlisle 62 36 23 41 Hexham--...... 60 70 36 42 22 27 60 66 33 35 21 25 32 35 Penrith 62 52 21 38 67 i 33 40 Winchester 56 64 .32 35 22 24 42 46 Per Bushel. s. d. s. d. s. d. s. d. s. d. s. d. s. d. e. d. Carmarthen 66 70 38 40 1 6 20 00 00 Coventry 70 90 48 54 36 40 56 6 0 Newcastle (Staff.) 94 98 64 66 36 39 53 5 6 Northallerton........ 70 93 30 46 33 40 56 6 0 Stone---..„ 98 99 56 60 38 47 62 6 6 Swansea ....---.. ,7 6 83 42 46 24 28 00 00 Warwick 9 0 100 46 50 22 26 7 3 7 6 Per 8011. ,15 9 18 0 90 10 0 54 66 00 11 0 Durham 'l4 9 176 90 103 50 76 90 103 Richmond 1156 18 0 90 10 6 50 70 80 10 0 Stockton [l5 9 17 0 9 6 10 0 5 4 7 0 0 0 0 0 WAKEFIELD CORN MARKET.—June 15 Wheat, Red, Norfolk and SufFolk —s. 545. to 60s. fine 655. Lin. and Cam. —s. 545. to 60s. fine 655. -- Yorkshire —s. 565. to 64)8. fine 645. White —s. 58s. to 635. fine 665. WAKEFIELD CORN MAR. ..-June 15 Wheat, Red, Norfolk and SulYolk -s. Ms. to 60s. fine 655. Lin. and Cam. -s. 545. to 60s. fine 655. -- Yorkshire -s. sfis. to 60s. fine f4s. White -s. 58s. to 635. fine 665. Foreign, Red -s. 48s. to 535. fine 60s. White -s. -s. to -s. fine 66a. Barley, Norfolk and Suffolk 12a. to 33a. fine ais. - Lincolnshire 36s. to 398. fine 41s. - Yorkshire Wold 37s. to 40s, fine 415. - Foreign -s. to -s. fine -e. Beans, Small - Tick 12s. to 31s. tine 35e Oats, Potato 22s. to 255. fine 265. - Poland -S. 20i. to 245. fine 255. - Friezland and Small -s. 17i to 225. fine 245. - Mealing I Id. to 12 1 ,4 d. per Stone. Shelling '*sa. to 30s. Od. per Load. Malt 4os. 418. fine 465. per Load. Rapeseed 2ll. Os. 241. Os. 261. Os. per Last. SCOTCH MARKETS. Wheat. Aberdeen Bernick Coldstream Cupar Dundee --....... Elgin I n;',erness— Kelso Kirkaldy—.. Perth The size 50 58 46 49 44 50 62 70 55 7t 643 62 57 60 48 50 40 45 60 68 of the mi Barley Oats. 25 2.1.1 18 22 22 24 15 17 23 25 15 18 32 35 21 '24 34 36 23 26 23 30 18 21 30 32 20 24 25 26 16 18 27 39 25 32 30 34 24 27 asiire varies throu Beans. !Oatmeal. 30 31 34 37 22 24 23 25 30 32 26 30 23 30 23 ao 23 2.5 45 48 26 ao 1— ,hout the ceuntrf• ... ... 48 --. - -, 43 44 EDINBURGH CORN MARKET.—June 13. We had a very large supply of Oats, Pease, and Beans, to-day, sales uncommonly heavy, and a good deal unsold ; Wheat a middling supply, that of Barley small ; the sale of Wheat veil dull, Barley rather better. Wheat up ‘2.s. on the top, and down 3d. on the average. Barley same top, and up sd. on the average. Oats down Is. 4d. on the top, and Is. on the average. Pease and Beans down 2s. on the top, and Is. on the average. Wheat. I Barley. I Oats. Pease. First 79s Oct I 33s fxt I 26s 8d I 346 Oil Beans. 34s Od 33s Od 22. Od Second... 7es Od 36s Od 24s Od Od Third..... 62s Od 35s Od 22s 8d 32.4 Od PRICES OF PROVISIONS, &C. Os. 4d. to Os. &i. Freshliutter,lb.s.lo.l. to Is M. 0 5 0 7 l Salt Ditto-- 0 9 0 10 Reef, per lb. Nlut ton 0 3 0 7 Potk 0 4 0 6 Lamb, per qr. 2. 6 4 6 fallow, cwt.... 38 0 40 0 Quartern Loa( 0 0 0 10 Potatoes, 17i1b. 0 5 0 0 Per cut. 090 0 0 Eggs, per dot. 0 7 0 0 OatStrawckp'.)l4 0 14 6 Wheat att0....14 0 14 6 Barley Ditto 0 13 6 Hay, per 1 1 1 1. MARKET.--June 12 its day's market was l a rge, and sack; no alteration on the retail. If Is. on the sack, and 2d. on the Per Stone of 141 b. Imp. n First Oatmeal £0 1 v Second ditto Barleymeal 0 1 lo Peasemeal ....... ..-2d, 155.--3 d. 20s.—Pea I 1 ‘246. EDINBURGH MEA The supply of Oatmeal at th sold quickly, at Is. lower on the s Barleymeal sold an at advance of retail. l'er Sack of 2801 b Imp, First Oatmeal £l 19 0 Second ditto 1 16 0 Barleymeal 1 1:1 0 PeaseMeal 1 6 0 Pot Barley—No. l, per cwt. 13 GLASGOW CORN A moderate business doing in teration in prices. Wheat, per 2401 b. s. d. s. d. Oats, per 341 b. s. d. d' British, old 25 oto3o 0 Irish IG otolB 0 new 30 0 33 0 British — 0 -"I h[ARKEF.—June 13. -our Grain market, without al Barley, per 3200). Canada, free 27 0 59 0 Beans, per „,, A Irish 125 0 0 27 0 Fl o ur , Scottish English O3O oEtgl ih p e . . 1 . 1 . b . ( 0 30 • 1 , 481 '6 0 0 Pease , Scottish 16 0 18 0 () Scottish 2B 0 30 Oatmeal, per 1401 b. 5 0 17 0 Irish CORNWALT MARKET. ST. Irk( o— usi y LL— h ea ‘ t v h (average) eat,• —.. 245 t0 . Gd t — o y r s . 115 6 9 g at;, (Is. to 9s. Od. P ENZAN CE—Wheat, 245. to 2 . 5 5..--Barley, to 12s.—Oats Os. to ter, 10s. Od.—Be n lef and Mutton, M. to &L—Pork, Od. to 41 1 " . Bu d per . 22 5. &1....8ar1ey,118.&L--. 08 " ° LISKRAILD—Wheat, —s. to 2:25. °l....Barley, I Is. 0d...4/ass °I. to Bs. Od. L o tT . Lells c T e z r„ - I. W — h m e u a t t t(oanv,ezr) LIVERPOOL COTTON MARKET, DAY.—The sales of cotton to'-day are computed to 2,5 00 bales. The particulars reported are 1,000 Brazils : nams, Sid. to 9Fd . ; Bahias, 61. to 711. ; Marahatt* Sid. ; 100 Egyptians , 61d. to Sid. ; and 1,500 in Awe' rican descriptions, from 6d. to Sid. CHOLERA AT LIVERPOOL, SATURDAY.-" - : To-day thirty new cases and eight deaths were reporte" The pestilence continued to increase. among g. n t Saturday hTehseuari%.xi yowr onesh who n r e, new3lon.: board remained hs o eh f ni p c I t t ßh o e l r e uv r t a eessi occurred aan : dreode d are likely to recover. BIBTIIS. On the 15th inst. at Kemp Town, ,Brighton, the lady' of tt Rev. J. S. M. Anderson, of a son. On the 13th inst. at Clapton, the lady of J. A. Harper. M' t of a son. MARRIED. On the 16th inst. at Trinity Church, Maryleborne, FrancaGrosling, Esq , of Arlingt on-staeet, to Caroline JetisY. thr daughter of the late Henry Gregg, Eq. - DIED. . On the 11th inst. Mrs. Mrs. Lacy, the wife of Mr. Thomas Lacy, of South Lambeth. f CA UI. On the 15th in,t. John, the s on o f M r. J . Il ar d w id ge , ° ~ s ua d g d e de n6 l yi . C a d ogan-p l ace, Sl oan e-stre et oris On the 15th inst. at Myddleton-s q uare, Al e x a nd e r Ander', '7.). b G e e ( r o ) ,v i r ' e g i t e i h a l e l n i d c l k 5 i t n 3 h e e n 1 l n . Elo ey inst. EN., late of Staines, formerly of Lloyd's Coffee-house PRINTED AND PUBLISHED BY MURDO YOUNG,sr•- SUN OFFICE, 112, STRAND, LONDON. ter