The Sun. — London, England, 1817-08-09 00:00:00

ROMAN CATROLICS. [From The (Dubin?) Corwpcmdent, Aug. 4.] .Sevcral of the Prelates of the Church of Rome, try, have replier! to the. invocation of 'h Catholic Board, respecting the pr'esent pos tore w tur:r affairs Of those who have rt each .eenis to have acted intliidually—and every do:import bears upon it t he stamp - of its author's prevailing opinions, or his characteristic temper; lito, from the whole of wLtdt has been published, several coticht,ions may be, Wi7hout any difficuity, made, touching the prevailing sense of the Body at large. It is to he inferred that the 31oman Catholic Bishops have discarqed the ooh:ion which some of them avowed, and others arquiesced hi, a fee, years ago ;.and that, contrary to, that oni: , ion, they now resolve to maintain, that the Crown shall not have any species of au thority whatever hi. t he recommendation or in the appointifient of their : Bishops—even on the con of the whole of the Roman Catholic po inaa'ion being .possessed with-the most complete poll; i(!,d-atid civil eFglhili..y. It is to he 'collected, trem. what has bren said upOn this subject , that the - Sovereign Pontiff is of opinion, that the Crown of Great 'Britain may he . duly invested with aotholity in the appoi.oment of Bishops:belong.• ing tri the Church of Rome, in , the United -Kiiig rtons..; tncl, if this be the o o inion of his /101ines, as is w,tc, for a time, that. of several of the Ro man' Catholic Biitiops in Ireland, until they were railecLoto of it by an active and ambitious part of the Laity of their communion, it seems to be clear and plain to 'common sense, that such authority, exercisalde by the British Crown in the instance iu COPtCillilla!ilin, CallOot be in opposition. to any cation. or in violation of any essential or import. ant i,:\•, insisted_ upon by the Clinrcb of Rome. jt sireh ration, or such a law, or any ride to such effect, were .110‘v existing and valid, it is _ not to 14e vresumed that the Pope., am! the Mem bers of his Conclave. could be ignorant of it=it is • liple to he presumed they world act against it ; it „therefore, to be eoncluded,that no sueirobstacle • iSis„ to investing the Crown with the influence alluded to. An Objection is made, by a part of the Roman , Catnolie,Laity, to cont.ilng t his power tri.the Crown ; and this objection is espoused' by _some of the Roman Catholic Bishops, ra!lier tem pera!ely, and, by others, rather over ardently—as if the • v•ai were (min.!, to complexional warmth, nr to an habitual distrust of British liberality, n‘tich wore than to any positive. conviction, that the con Hence claimed for our Government, in the appoint went to the Roman Catholic-Hierarchy, is repugnant to any laW,of the Church of . Rime. In tact, it is quite char, _that the question in dispute—and ill dispute only ainong• the Roman C,tholics—does not arise out of any declar a tion o• injunction asset Ted or maintained by the Chtirch of Rome ; awl it is obvious, that it rests upon a • presnined apprehension .only, that, if the Crown ,possessed the anthority alluded to, it wo4l abuse it. One part of the Roman Catholic Liity, and the utot important part, are warn) in their desire to place a certain influence in the appointment of their Bishops in the hands of the Crown. The reproaches showtered upon them, by those who are of a contrary opinion upon the. subject, attest 'this fact very plainly. The Pontiff' hint self' concurs with the favourers of the . prin . : . tittle of investiog the Crown with this trust—so the reproaches against him and his advisers aNsO attest follotc s , then, that the ohjectionmade by' ethers of the Laity,- and by the generality of the Roman Catholic Clergy in Ireland, to plac!ng this contested trust in the hands of the Crown, eleserves none of that respect which is due to a religious principle or opinion, even when adopted in mistake. The objection is examinable upon • otvn validity, as it interferes with a proposed nvas••re" of general policy —or, rather, a m:a 7 , sure in contemplation to he proposed. Now, if the Roman Catholics labour under all those civil privations that have. been so earnestly and so eloquently deplored and reprobated, and if no thing stand in the way of their removal, but the non-compliance of the parties themselves, so com plaining, with si proposal, against which no canon, rule, or regulation of their Church,- can be found—and in favour of which, the head of their Church—the most eminent functionaries of their Church—and a large portion of their -Laity, are e s—who is to blame- that said to avow , themselves--who those civil restraints .continue ? It remains to be • provA•,4,, whether the cession into the hands of the- Cmwo, of the Mltlionity in controversy, would be. f o llowed by the investing of the Rofnan Catho lics with a'ttdi share in the Administration . of the Constitution. But the subject here is taken up extrinsic of that question—and reasoned upon,, according to the supposition, that nothing Stands opposed to the admission of the Cat balks to poll- • tical power,_ but the graritin,g to the Crown a colt-- trout ricer the appointment of their Prelacy. LOOk iig at the question- in this way, the only conclu sion which common sense would be justified in making .is this—that those who object to lodging this cor.fidenee with regarding the•ap= pointmeot of the Bishops, are, in tact,t be only ene mips to endowing the Roman Catholics with the roost enlarged civil power, and that so long as they ere able to persuade others to help them in making a 3( ind against reposing . any trust, in the honour nod morality of the Crown, so long the Catholics must remain as they are—praising and applauding the obstinacy which eiectudes - them from a full Participation in political. influence and power, and ailing at the liberality which is really to give up <ill tor a shadow—a formality, not prohibited by ;ow one rule of doctrine, -or any injunction of spirit n a! a nth or:• y . It is desired to be understood, that it is not intended, in this place, to insinuate, tiat the question stands in this naked and simple state ; it is so represented---7and the inferences '.ere drawn are deduced from a proposition as sumed to,be true, not demonstrated to _be true. According to the Report of , the Compittee of the House of . Commons, relative to tlie practice of Sovereigns of foreign • States, in cases of the ;Inn nrtne . nts . of BishOps belonging to the Church of Rome; it appears confirmed, that all Sovereigns, Catholic' , and. Protestant, exercise a paramount anthofty in the appointment of Roman Catholic , P•7shops. It . lini not been argued that this attillo .l•(y tic'dn abused—that Protestant prejudices li-ui cntleavonred in abose tire poe er of toiscopal appointmeuts, to the degradation or lain' y ! of the Church of 'Biome—and why should a presump tion to such an effect be made against-the British- Sovereign 1 It was England, whose Sovereigns gave the first great eximple of - Toleration, when the bones of a Protestant were denied sepulture in con- Secrated 'ground, in every ltomait Catholic State 'in Europe ;—why should her Sovereigns be less worthy of confidence, or act less jostly, than those of Pritssia ?—The demand fur political power—the demand to have statto\t and ant horitynever can be maint.ained upon any metaphysical right. The law of convention settles evety thing. If that law pinch or press upon any portion of the corn uhtnitv; it would appear strange if those %rho complain should refuse all terms to obtain their own re li e f-=-if they- should . say, ill substance, and aver it vehemently and ill-loonourettly— " We will put no coofi:lence in you--we willmot entrust you with•even a negative influence in our conceros—but , you must ells lust- ns, without re straint or qualification, in all we ask.. _Repose in . us unbounded confidence, because we think we deserve it.• • You think the save of yourselves, lose :we , will not t rose voit - ; —thouh you are re nowned all over the universe for the bottom- and fidelity with which you •observe treaties ; though the times are enlightened, and civiliea:ion stands ready.to record the compacts between nations and sects---yet, we are determioed,not .to trust yon : to appoint an mail person to administer a duty, which it is important to you, as . well as to us, .should he fitly adunoistered, we suspect you will be willieg to stand, damned -toil coutfoull , ivd, to the fact of the ,orld." It is very easy to see to. what a - proposal . of this sort, involving so pre posterous a compact, must lead; There is a bold and Vigorous spirit in.the senti ments made •nse of by sonic of the Ruman.Ciatho ilic Bishops—and a spirit which, if exercised upon a proper occasion (we beg pardon for the ex pression), would confer upon its possessors no small honour ; but where tt has no other stimu lant for so warm a display, but to pive force to distrust, and that distrust directed against a na tive Sovereign, ins purity, and his honour,. and impliedly against his religion, it loses all its lustre, and degenerates into the appearance of a prejudice. We always lament to sue terms of reproach implied in matters wherein religion is, in any Way, even indirectly, involved. It is too true that, in the war of sects, the slaughters caused by the abuse of Ireal religion have been suspended upon truces and compacts, which have heen but too often vio lated—bat, with all respect for the opinions of others, we are 'quite sure that the Protestant's are chargeable 'with a very small share, indeed, of, the infractions of their engagements. . , In France, they fought nine civil wars—and the history of the Ediet.of Nantes is ready to aver that they were not faithless. But it is not because those unhappy conflicts of old and bad times had plittig;- • ed the wise and good, in other respects, into the forfeiture of every thing sacred and• honourable, that we should visit, upon the existing genera tions, the scandal and distrust of those who have lived so long before them--anti, although no coin padt was kept, Whir the Protestants of . France — although, so late as the reign of -Louts NA'. the declaration of it is predecessor against them was renewed and eitforeel, yet, there is not A Protes tant of the present: age, who would charge this coorrnity tgiiiitst i.ittinaiiity, and this crone agaiust, , religion, upon the present King off rraoce, or r .. upon.any member . of the Catholic religion. Let us knit have an equal liberality, and we shall have . eqoal Cinifidence 'at least, and as much repose ;• and, instead of .going hack to the treaty of Li me; ick ;—ins:cad' of taking the Whig patrons of VTILLIAN: 11 t a, a.:t 'exaCt model for a Cabinet of the present day—instead of going from years of successive concession and grace, back to times of exasperation, violence, wrong, and persecution, let us quietly open our eyes to the times in which we 11re—improve those to the best ativxntage—adhere to our principles, without throwing away our reason and sense of prOpritey, or denying our jus tice and conliieuce, where, both are merited—and we shall soon resent, a more pleasing spectacle to the world, and one more honourable to our selves, thau we have yet been able to boast, as a nation. LAW INTELLIGENCE. COURT OF CHANCERY, AUG. 8. THE DUKE a QUEENSBERRY'S ESTATZ.. THOMAS V. MONTGOMERY. Sir A. PMGOTT; in this case, stated, that A motion was at present on the paper of his Honour the Vice-Chancellor, an►t might probably be heard to-day or to-morrow before his Honour. From the knowledge which his Lordship had of the general merits of this, especially from the pro ceedings which bad taken place in, this., and' a -higher:Court, it eras the wish of the partici 'that, the case should be heard before his Lordship, rind therefore he humbly moved I►is Lordship' would permit the motion to be transferred to his paper, and hear it on Tuesday morning, if he should see cause to do so. The LOUD CHANCELLOR.—Let it be fixed for heating in this Court on Tuesday morning, SIR MARK troop V. E. GRMITHS, Esq. The LORD CHANCELLoR observing Mr. GO& fi!hs in Court, stated his %visit . to be put in posses sion of the deed which had been executed between him and the plaintiff, Sir Mark Wood, and b a vi i , g read it, he should then be ready to give judgment. Mr. GRUFITITS said, he had a prepared copy, which, if his Lordship chose, he should be fur- Dished with iininediately. 'The LORD CH ANcau,on would be glad to have it, not besause in itself it bore very much on the cause, but because allusions having been made to it in the pleadings, he thought he was called in Justice to look over it. REGULATION RESPECTING THE PRODUCTION OF IiEEDs IN coutur. In a cause of rather a cprripltcated nature, but which %vas of no general interest, Ills Lordship expressed hig aStookiythent that in a case wheie $0 many (Iced, might to have been produced, he had.bet 0 merciv tuttliStted %vial abstracts, tthd had also to congthin of the little attention which was !at ter'ly . paid to the pioductiou of such (loco meats. was olif enough to recollect so long ago as the dine 0 , Lord iiathurst, that then every deed referred to in the pleadings was read in Court, but that now was utterly impossible, in consequence of the multiplicity of business . b±fore the Court. Still, however, if these deeds were not now by modern practice react in Court, it was necessary they should he :cad by some- person, and accordingly, for the purpose of accommodating Gentlemen at the Bar, he had always been iu the habit of taking every one of thew home with him, and of reading every word of every one of them. God knows, he had often been blamed, and most harshly blamed, for the delays of judgment, but he protested' to, God, and in the most solemn manner, that Ike had decided many cases which he had never understood, and could not have tinder stood, till after the most painful and laborious researches of his own. If Solicitors did not pro• duee - doonments, he could not and would not de cide their cases, and lie hereby laid it down as a pk-remptory order of Court, from which he should not permit, on any pretext, or under any circum stances, the slightest deviation in future ; that no cause should he allowed a hearing, unless every document in it was produced at full length.— Meantime he tliSmissed the case, and would not hear one• word More 'till he Was furnished with full deeds': OPERA HOUSE. WATERS V. TAYLOR. Mr. !TART it) this case_ moved, on behalf of Mr. Waters, for leave to pay into Court, on or before the first-day of November, die sum of 28,9731., and on the paymeot of which, to have an assign ment of the - property made to him. He did not expect that any opposition would be mole to the present motion, as it was for the interest of both parties that the motion should be granted. By the Master's Report it appeared that a sum of 34.0001. was due to Mr. Waters, and if he did not ut,mke his claim to that sum, he would not desire the motion to be granted. Mr. Taylor himself admitted that a considerable sum was (Inc to Mr. Waters ; Mr. Taylor also said, that all the cre dit Ors on the property had come in, having been called .on by the advertisement ordered in the Gazette of June, 1814. Air. Waters, in the pre sent case, asked on the payment of 26,9731., to have the property assigned to him, and this sum, with those already paid, the Learned Gentleman contended, was sufficient to secure to Mr. Taylor and all the.cieditors, the debts due to them. Af ter arguing at considerable length in favour of granithg . the motion, .the Learned Gentleman concluded_ by submitting to his Lordship that the granting Of time present motion would be for the 'interest, of all the parties. "Sir SAM. ROMILLY trusted his Lordship would not grant tire present motion, nor order an as signment to be made to Mr. Waters,.uutil he had phi into Court the whole of his purchase mo ney; 'Mr. Waters, as 'the case now stood, was in the acteal possession and enjoyment of the pro perty, without paying the.purehase money into Court. ' After arguing at 'considerable length, in the course of which the Learned Gentleman ani madverted on the observations of Mr. Hart respect ing Mr. Taylor, he concluded by trusting his Lordship would order the whole of the money to be paid into Cour!. The LoRD CHANCELLOR observed, that the former bearings of this case had been a, source of extreme regret and anxiety to his Lordship's mind, as he did not properly understand the merits of the case ; but he was happy that it had at length been brought to the point on which the principle of vendor and vendee would decide it. When his . Lordship had opened the biddings, he had done so with a great deal of anxiety, as his Lordship 'considered it to be nothing less than actual ruin to the . parties. " This," said his Lordship, proves how little I know of . Opera House affairs ; I must say that when the biddings were opened the second time, I 'did nest expeet as much to be hid as had been previOusly doue, but in. this I was daeived, for instead of 40,0001. a sum of 70,1951. was bid by a congreis of Gentlemen, who felt more the, value of it that I did. We have now got to a stage of the business in WhiCh'littletliffi citify exists. if Mr. Waters' had admitted being in possession, -I should certainty have 'Ordered the ivhole of the purchase money into Court." In conclusion, his Lordship - directed the papers anti affidavits to be Itanded postponed the further discussion 'of the case till to-marrow (this day). OPERA HOUSE.-ANOTHER MOTION. . . Suoncist rose, to.moye his Lordship.to dis solve an injunction. which had been granted on a.: motion, whereby bil . f.ordship ; was prayed to grant, an . older to restrain _ certain,Agment creditors front diiposing of a box in the Opera House, be longing to Mr. Taylor. The LoaD CH :13 CELLO 2—The Opera House? Why, I thought we had shut the House. for to-day. SoGDF,N-7—True, my_Lo,ro, but it is again opened. The Learned Counsel Alien stated, that Air. Taylor had been in possession of a box, No; 75, in the Opera House, and having become indebted, execution had been taken out against him, and the 'box was about to be sold by the judgment creditors. A bill,,was filed by Mr. Tay, lor, to restrain ,theku ,from disposing of a silver ticket, which was taken with the box. The Learned. Gentleman was about to shvw there was no . right to restrain the proceedings of: the credi tors, when-- Mr. HART said, if the ticket was given up, he would consent to the injunction being dissOlve4. The Loup CHANCELLOR-11)e only hone of contention between you, then, is the possession of this uilver ticket ? After some conversation between Messrs. HART and. SUGD,EN, I he. atrangement . proposed as.above by Mr. Hart, was agreed to, without, however, prejudice relative to the question of costs,. or any future action. The Loan 'CHANCELLOR—It is best when you arrsoge as you now do, and require no interfer ence of the Court. Late on Sattriay night, HS Captain Nit.t.Ett, of the Anna of II Vine, vas going on hoard his ves sel lyin g tiff the bar tff (barim, in tr small sail boat, accompanied by a man, woman and boy, the bOat upset and all On hoard neti.,hed. The body attic Woman was found - on Sunday morning. ASSIZE. 'IN'T'ELLIGENCE:. KENT ASSIZES.-MAIDSTONE, AUG. 7. SPECIAL JURIES. THE KING V. JOHN BOYS AND STEPHEN SACKETT CHANCELLOR This was an indictment agaiumt the defendants for publishing a mostdisgusling libel, of and con ctrniiig a Gentleman named Taylor, by .►ri log in paint, against the walls •of ttis ho use , Certain inscriptions, knowing to him the crime of perjoty and other atrocious off.iters. Mr. GURNEY, Mr. PADDY, and Mr. BERENS appeared for the prosecution. It appeared that the prosecutor was a Gentle man of fortune and respectability, residing at Margate, and that the defendants were also in habitants of that town, Mr. Boys beiag a solici, tor, and Mr. Chancellor a hiker by trade, and collector of the tolls for Margate Piet. The prosecutor had become obnartions to . the de fendants r es p e cti ve ly, I s t, i n coastlaence" of his having appeared as a witness in. a cause' its which Mr. Robins was . the plaintiff, and. a 11 3 int:. sake of the def,mlunt Boys was hr. ne:endant, which was an actian for false imprisonment, and in which the defendant acted as the attorney . for his namesake ; and, .2d, in const4lence of , his having detected Ctiancellor in sellinglight bread to the Sea flathiug Infilmary; at Margate, of which the prosecutor was one of the Governors, or - Visitors. The offerite which was the snbiecrof this indictment had been repeated three limes before the prosecutor • had any suspicion that it was ascribable to the defendants. O: the 15th Of Jane, the 22d of Jaly, and the 25!1a of October', in the last year,-he found that the back and front of house were covered over in the night time with the most disgusting and abominable inscrip tions in oil paint, the letter, being sothe of theat two feet-h, length, and painted in the most glaring colours. On each of these occasions the proseco tor had copies taken of the libellous matter, which teas afterwards erased by the operation Of fresh painting. The case .of the prosecutor was supported by his own testimony, and that of seve ral persons of cintracter and respectability, the ctifvct of their evidence being, that On tile two latter occasions, persons resembling the defen dants were seen it) the night time at Or near the prosecutor's house, itnd from these and other cir cumstances, it was insisted the inference might ,he drawn that they were•the authors of the libels: It appeared, however, - that there were several ma 7. terial contradictions between the prosecutor's own evidence and that' Of his witnesses, most of whom - contradicted themselves and each other. Copies of the libels were produced, but they were so disgusting and abominable in their con• tents, that they were handed to the Jury without being publicly read, the Learned Counsel on hotit sides agreeing - not to offend the eyes and the ears of the public by having them real, aloud. Mr. AJAR HYATT and Mr. BOLLAND appeared for the defendants, on whose behalf a complete case of alibi was opened. The Learned Leader urged ta the Jury the improbability that the defendanti could be guilty of composing the indecent and ahotninable libels which bad been submitted to their' inspection, both being men of the highest character and honour, On behalf of his clients he disclaimed all idea of imputing to the pet-peen• tor the atrocious crimes Mentioned in the libels. They had never suspected him of such abomina. (inns, still less were they disposed to make therm the •subject of positive charge..--The Learned Counsel happened tri be placed in a most difficult and rinpleasant situation i—within the . last few days, the real Nithor of these indeCent (i ons had discovered himself to Mr. -Boys, and 'volunteered to give his evidence on tills trial, and avow his own guilt, if the case of the defendants" was such as to require such evidence. Aber such n disclosure, perhaps, a sentiment of honour, as well as of candour, ought to restrain the defen. 'dents from subjecting the author to the peril of a' prosecution, by putting him into the., witnesses' box ; and therefore be should content himself by calling independent evidence on the part of the defendants, to negative that conclusion of their guilt which had been strained from the evidence for the prosecution. Two witnesses were then called, the object of whose testimony was to sustain an alibi, when • Lord ELLENBOROLIGH (who very early in the case thought there would be great difficulty in convicting the defendants upon the contradictory evidence adduced for the prosecution) interposed, and, expressing his doubts still more strongly, the case. went to -the Jury, who impkodiately found tlfe defendants Not Guilty. • This case excited a great deal of interest, and the Court was crowded the whole day to excess. NORWICH, Avq. 6. • Last night the Judges, Lord Chief %lustiest, GIBBS and Mr. Justice ABBOTT, arrived in this City, and this morning, after having - aftended Divine Service at the Cathedral, proceeded tol open the business of the Assizes. [No trial of any interest took place.) MANsIot4-110usa.-7Samuel Barber, alias Cap. lain Barber, was yesterday brought up, and finally examined, cliarged by Thomas Kelly, the artificial flower-maker, with defrauding him of goods to the amount of 61. 65. , The prisoner was fully com mitted for trial. COAL MARK. ET, Atic UST 8. Ships at Market. • Ship s so ld. Price. 55 Newcastle .. .. ~ V 2 3sg 6(1. to 445. fa. to Sunderland 9 38s. 0.1. to 425. od. I Cinders .. ~ 0 —s. od. to —s. 0d . BIRTH. On the sth inst. at Pens e y, th e Lady o f the tion. and Rev. J. Pleydell Bouverie, of a son. DIED On the 24th nit at Hodsack Priory, Yorkshire, Lieutenant. Colonel Nlellish, Equerry to the Prince Regent, a gentleman of great celebrity on the turf. On the sth list. at Edinburgh, John Gillespie, Esq. of Sunny Lodge, Lanarkshire. On the 9th of June last, at the Bay of Honduras, after s few days illness, gr:George Lenox, furuierly of Liverpool, On the 3!M of January last, at Calcutta. it. D. Cabell, Esq. Assistant Assay -master in the Calcutta Mint, aged 26. LONDON: Printed by .T. B. CARSTAIRS, of No. 29, Great Ormond-street, Queen- Stillare; and intbli.lted by W. A. , SCRIPPS of No. 7, Semth Melton-street, at 'nig Sunk iOdice. No. 112. Strand; where AdvvitisententS, Orders, Letters, &c. (post-paid) must be addressed. a, a , h~ 4). eo