The Express.
London, England, 1855-01-16 00:00:00

THE WAR. •

VIENNA, JAN. 14.

No movement of Austrian troops has been yet
seovoked by the advance of a Russian corps into the
Dobrudochs. It is not correct to say, as a French
ministerial journal has said, that the treaty between
Turkey and Austria obligee the latter to guard the
Dobradscha The engagement includes only the
Turkish territory on the left bank of the Danube.
The treaty of Dee. 2 with the Western Powers leaves
the responsibility of territorial guardianship where it
was before, unextended. It is only to the spirit of the
alliance that an appeal for Austrian action can be
addressed.
The Visalia papers of the 11th report from 021sta that
at th• end of let December there were only 3.000 Ottoman
Radial at Babadagh. This number of the Turkish ermyon
the Danube sad I. the Dotandscba was estimated at 40,000,
besides cavalry. Ismail Pasha must that time expected to
remove his heed visitors to Matschis os the 12th inst. One
of Oar Pasha's akleade.comp arrived at lbrails ca the
26th ult., to grim oa the despatch of troops to Varna, where
the embukatios was to be c2mpleted by the 16th inst.

Telegraphic accounts from Vienna, of the 14th.
state that another conference of diplomatists, the
first since the 7th, was held on the previous
day. The result is not known. A great change
in the public appreciation of recent diploma-
tic transactions is reported in private tele-
graphic advice, u well as disclosed in the
daily quotations of the bourse. The incomplete-
ness and the informality of the late proceedings of the
ambassadors, the fact that the measure of Rusin
power for the future in the Black Sea remains still to
be determined, and more than all, a doubt whether a
real basis for a settlement of the Eastern question has
yet been gained, are indicated as the ground of dis-
trust, and the explanation of the flatness of the
market.

BERLIN, JAN. 12.

Baron Manteuffel asserts the right of Prussia to
take pert in the settlement of the Eastern question,
and will demand the admission of a Prussian pleni-
potentiary to any conferences that may be held. As
one of the parties to the treaty of 1541, Prussia,
will not recognise any modifications of it to which
she is not a party.

The Constitutionnel, the Independence Beige, and i
some of the Italian papers, circulate various reports,
more or less detailed, respecting the part which, u
they assume, Piedmont is to take in the war. The
Press. of Paris is informed by its Turin corre-
spondent that:
The essential conditions of a treaty of alliance between
Piedmont, France, and England, were finally imaged on
the evening of the 9th inst. by the Council of Ministers.
The Duke of Osiche and Mr. lindson, the representatives
of the two last Powers, were present at the sitting. On
the afternoon of the 10th the treaty itself was signed.
Piedmont will supply 16,000 men ef all arms with a large
park of Held artillery; the tapenses of transport will be
defrayed by France and England. A loan of 26 millions
for each year the war luta will supply the Sardinian go.
•eroment with the means absolutely requisite for keeping
its army on a war footing, while France and England both
engage to render the conclusion of the loan u esay as sa-
tiety, both as to the conditions aid the intention of the
operation. The Sardinian die will join the English.
The command of it will probably be entrusted to General
La Marmon, the present Minister of War, to whom the
army is indebted for its entire re-orgaaisation.

Private letters from the camp before Sebastopol of
the 29th state that from the 23rd to that date, the
weather had been tine. Tke firing was slack. The
French trench had been carried to within 180 yards
of the Mit fort wall. Four war steamers maintain
the maritime b.ockade of Sebastopol. The drafts in
the Charity had arrived, as had the 18th Regiment
in the Magdalena.

ODESSA, Du. 31._

It was mentioned in my last that the reserve of the
10th division of infantry had left for the Crimea. A body of
mashy has now followed those troops. General Schabelski
Makes ezcursioas from this place and directs the route of
the divisions of cavalry coming from the military colonies.
The light cavalry of Cossacks is also posted in strong de-
tachments here, between Lii'irs's corps (whose head
quarters are is Ismail) and the Dnieper. Towards the line
of tho southern army, which is directed against Austria,
the advancing cavalry force is chiefly composed of
heavy regiments, many of which are said to have
again changed their winter cantonments. The want
of ummearies of all kinds is severely felt by the army
la the Crimea, and our medical men who have bees
sent to the army cry out about it very loudly. The Rus-
sian troops are, is fact, literally deritme. They were
packed oft in a hurry by post across the steppe to Sebas-
topol, sad they were taught to believe, especially as the
Grand Dukes were present, that they should drive the
allies into the sea. It has turned out otherwise, and now
the Russian army has greater privations to endure than
the mealy. The troops that have since left us have bees
forwarded with more foresight ; their progress is slower,
but uninterrupted. Frosts have been frequent lately, and
if they continue we shall have our harbours covered
with ice. The change in the temperature has been sudden,
for last week the thermometer stood at noon as high as
13 deg. above zero (Rimini.), but since then its fall has
avenged 2 deg. per day. Sims time bank I stated in a
latter, that four circles of the new Russian military colonies
bad offered their stock of rye and oats for sale, but a pub-
lication appearing to-day declares that after them the eight
first circles had done the very same thing. The reason of
this step is, that all the troops in those colonies have been
mobilised and sent away ; consequently, the stores of grain
are turned into money, being so longer required by the
colonists.

POLAND.

THE TENDER MERCIES OF THE CZAR.

(mom Tits

UT THS DAILY HIM.)
CRACOW, JAN.)),

The accounts received from the other side of the
frontier continue to give a melancholy picture of the
state of things in Russian Poland, and the greater
part of the weight of the war appears to be thrown
—and perhaps not undesignedly—on the shoulders of
that unfortunate criuntry. Measures are being taken
for hermetically closing the long line of frontier
towards Germany, and cutting off all communication.
At present the frontier guards allow travellers to
pass into Poland, provided their passports are en
reyle, and their names are not to be found in the list
of the proscribed ; but it is very difficult to get out
again, so that comparatively but few persons take
advantage of the permission, and those only on busi-
ness of the last importance.
Overwhelming as are the forced contributions of
provisions for the troops and provender for the
horses which the inhabitants of Poland have to make
as their quota of the war expenses, they may be con-
sidered light in comparison with those to which the
provinces of Podolia and the Ukraine are subjected.
Those of Podolia alone amounted to more than four
millions of silver roubles during the past year; and
these forced contributions will never be paid for.
Several thousand waggons, which, with the necessary
number of horses and drivers, were required by the
government in the month of September last for_ the
transport

fortunately were not attended with any ill eons,-i
ripeness. It appears that the part of the line in
question is constructed over an exceedingly marshy
piece of ground, and that from the great quantity of ;
rain which has fallen since November, the level of
the line has become altered. Accidents have been
avoided in the passenger trains by exceedingly
great precautions on the part of the engine-drivers ;
but in the goods trains, from their great weight and
length, the difficulty has been found so much greater
that it has been impossible to prevent accidents.
Measures are now being taken to repair the line, so
as to prevent a recurrence of these casualties. The
frequency of railway accidents led some time since to
the appointment of a government commission to in-
quire into the causes. A report has just been made
stating that many miles of rails on several lines are
in a bad state. In consequence, the companies have
been officially ordered to make the necessary repairs
—the works to be executed nailer the surveillance of
government inspectors.

MANCHESTER COMMERCIAL ASSOCIATION.

The tenth annual meeting of the members of the
Manchester Commercial Association, was held yesterday
morning in the board-room, York•hOtel-buildings. Mr. J.
ASPINALL Tonxia, the president, occupied the chair; and
among those present were Meagre. Malcolm Roes, vice pre.
sident ; Wm. Botwi.le, James Atherton, S. Schuster, C.
H. Rickards, R. J. Ferbeidge, Arthur Neild, Bernard Lie-
ber', H. S. Barlow, William Gibb, Cassell', Vincent
Potter, C. F. Faulkner, D. Duarte, W. F. Fisher, P. C.
Sairaeo, W. P. Greenhow, Matthew Pearce Swinlen Jor-
dan, William Graham, jun., Murray Gladstone, William
T , John Samuels, T. Cardwell, William Himmel's,
James Gersten', T. F. Bee, C. Speakman ; Hugh Fleming,
secretary, &c. _ •

Mr. Room iLtwitte (hon. eeoretary), read the annual
report, reviewing the business of the past year, but most of
the principal matters adverted to have already been pub-
lished.

The PRUIDINT in opening the business, after adverting
to the strenuous efforts made by this association to defeat
the attempt made by the Leeds Northern Railway Com-
pany to repudiate its liabilities on preference shares by •
bill in parliament, which was not thrown out until it had
passed the House of Commons and was in the Loris, said
there were several other subjects to which he desired to
call their attention. One of these was the feeling of disap-
pointment which the merchants of this country could not
but have experienced at the obstacles thrown in the wry of
our trade with China by Sir John Bowring. (Hear, hear.)
They did expect, end be thought they had a right to ex-
pect that such • man as Sir John Bowring, himself • mer-
chant, would have endeavoured to give every facility rather
than Outrank, to oar commerce, bat he supposed it was
difficult for a man appointed to such a position in • foreign
country, and clothed with authority, to avoid an opportu-
nity of making people feel that be could meths that
authority. It was a difficult thing, however, for such •
man even as Sir John Bowring to set *side the direc-
tions of the Foreign-office—(hear)—and the representations
of this association to Lord Clarendon would probably have
the effected preventing him from farther burthening the
trade at Shangbae with uanecessary payments. If the
Chinese authorities had made treaties with us which they
were unable to fulfil, it was high time the British merchants
should take the case into their own hands, and not pay
.for
a protection they did not receive to Chinese authorities,
who bad not settled among themselves who should receive
the 1111111 q. Another important subject the association bad
interested itself in was the Liverpool town dues. Now if
this district were interested along with those residing more
Immediately on the banks of the Mersey in maintaining the
estuary of that river in an efficient state, they ought to
contrioute along with them towards the expense, and
he believed that none of them objected to so equi-
table a principle, but that was not the question.
Manchester would willingly pay towards maintaining the
port of Liverpool, but it turned out that none of the money
so raised was now appropriated to that object. In 1691 and
1695 there was legislation rgarding these town den, and
the argument used by the authorities in obtalnieg that
legislation was, " se are subject to very great charges and
trouble in the maintenance of the port and harbour, and
this Is the consideration we give for the exaction of the town
dues." Now if that was the case when the income frem
town dues was only 6001. per annum, what wa. it LOW that
the income was 121,0001. ? If it could be said that all this
money was necessary to keep upeu the port, there would be
no objection to Manchester paying its proportion of the
money. but the cave was altogether different now.
The fact was, that in the year 1810 they got
rid of the liability from this fund, and at the
present time were raising other rates amounting to
18,0001. • year, out of which the port was maintained. The
town dues of Liverpool in fact stood in place now of the
borough rate, and the merchants of Manchester and its
neighbourhood were paying • proportion of the 121,0001.
per annum instead of the 18,0001. As an illustration of its
working, one firm in Manchester alone, that of Muses. J. C.
Harter and Co., were paying about 1881. a year upon their
goods imported and exported, which was seven times as
much as the same firm paid towards the borough Tate of
Manchester. (Hear, hear.) The subject would probably
occupy the attention of parliament this year, and he did not
think they could pretend to justify their claim to this heavy
tax. After glancing briefly at the commerce of the past
year, which he did not think had been very profitable to those
sugared in it, the President went on to speak of the war
He did not allude to it for the purpose of making
observations upon any one, but be did think that as a voice
bad been uttered (alluding to that of Mr. Bright), which
many of them thought had misrepresented the community of
Manchester—(hear)—and as an attempt bed been diluted,'
through a public meeting, which, if allowed to have spoken,
out fairly, would have probably drowned that voice, he
thought they would be ju.tified here in taking a quiet op-
portunity of stating, in an assemblage embracing some of
the leading banker!, merchant., and manufacturers of the
district, what their views on this question were. He must
sonless that he did not agree with the voice uttered from
Manchester. Ho thought it was necessary this country
should take up • firm position when oppression
end tyranny were likely to be alined either towards
ourselves or our neighbour,. (Hear.) He was ea averse
to war a. any man. He knew the sufferings which war
brings, and how it was apt to touch our pocket., but at the
same time he believed this country had something more to
do than manufacture cotton or tyke money, end amongst its
higher duties pet haps none were more imperative than that
which rendered it necessary her voice should be felt, when
the liberties and independence of her allies and neighbours
were threatened. (Applause.) There had been times
when tyranny and oppression had had to be put down in
this country, and there had been times when our colonies
had been so much oppressed as to make it necessary for
them to resist, end when resistance was quite justifiable ; and
what was justifiable in a simple community of people with
regard to its own affairs, might be justifiable sometimes in •
community of nations. It bad occurred in our me-
mory. There was great question whether this country
ought not to have come forward, and have endeavoured to
stop the unjust advances of Russia before this time ; as for
instance, when they grasped Poland and wnisted to crush
Hungary. (Hear) But at all events, when they were
making soother stealthy step in the endeavour to grasp
their neighbour's goods, he thought if this country were
ever to maintain the cause of civilisation and progress now
was the time. There was much cause for congratulation
that this enterprise had led to the present cordial alliance
with the French nation' and he expressed a hope that they
would long continue to be the better neighbours after this
war had ceased. He believed that such an alliance must
have a most beneficial influence on Europe. Another
subject of congratulation was seen in the fact, that
after so long • period of peace our men bad
shown so much of the old courage and energy.
It was impossible to read of the sufferings and hardships of
our soldiers in the field without feeling the utmost admira-
tion and gratitude to them, and which he could not but
think, after making great allowances for the difficulties
men in office had to encounter, was highly culpable, and
which he did not think was so much attributable ti neglect
on the part of the government itself as the result.of the sys-
tem pursued in making appointments to subordinate posts
of men who had to carry into effect the orders of the go-
vernment. If in manufacturing, steamboat, railway, and
other large commercial concerns it was the habit to fill up
all the posts of subordinate officers by appointing sons,
nephews, and relatives of directors and shareholders,
without reference to merit and competency, how could these
great enterprises ever succeed? The usual way was to exercise
the utmost ears in selecting men of talent, and if that was
not the cue, all these great concerns would soon be as disas-
trous and unfortunate for all concerned as offers had been
found in the Crimea. (Hear, beer.) He wished the
expression of this Chamber to go forth most unreservedly
against this system. Mr. Turner referred to the subscription
lin Manchester for the Patriotic Fund, and whilst observing
that the amount raised was large, considering that all the
seghbouringtownsLips bad separate subscriptins, whilst
in Liverpool and other large towns the suburbs had been
Included, be expressed his surprise to find that there were
some of the most eminent firms in Manchester which had
not given a penny. He was sure if some of the names were
to be mentioned it would create the greatest astonishment is
that meeting. (Applause.)
Mr. Elorwisiz (banker) moved the adoption of the
annual report, which he said did not embrace to many sub-
juts as had been included in previous years, but he oem-
gratulated the association on the important position white
it bad assumed, and the attentive consideration which woe
given to its representations in high quarters. With refer-
ence to the approaching expiration of the Bank Charter
Act, and the dispassions to which it bad given rise, he said
it must be nomad ea . meet lamentable circumstance if
.

Lion of the valise of gold, the medium through which we
were to discharge thine obligation', would only be still
further to aggravate their burden. Turning to an-
other subject—he begged to return thanks to the
chairman for his observations in reference to • late
meeting in the Town-bail of this city. At that meeting he
(Mr Entwisle) had made an effort, but in vain, to induce
those present to confine their attention to the circumstances
which had brought them tlgether. A., from his (Mr. En-
twig's's) antecedents, as it was the fashion to call them, he
might be considered not to have been particularly favour-
able to the gentleman whose opinions were then called in
question, he must certainly disclaim having been actuated
by any party feelings on that occasion; and he regretted
that the subject of discussion should have so far diverged
from what was intended, as to become a mete personal
question connected with the representation of ti's town. It
would be mast unfortunate if we were to have any allusion
either to the injury to trade or commerce, or to the private
distresses and miseries that night be caused by war, im-
ported into • discussion of the course which it became a
great country like this to pursue. (Hear.)
Mr. C. H. RICIULDS seconded the manse.

Mr. W. Om made some observations in reference to the
opposition which bad been offered sines 1836 by the mer-
chants of this neighbourhood tc the Liverpool town dues.
Their proceedings had hitherto been confined to the inser-
tion of clauses in bills introduced in the House of Commons
by the Liverpool Dock trustees; but he was glad to ficel
that • direct attack was now to be mado upon
the monopoly by en act to be introduced by the
Birkenhead Dock trust, to get rid of the dues altogether.
He was sorry to find that the government still refused to
allow to Manchester the privilege of bonding on the same
terms as other ports, which were relieved of all the expenses.
The resolution was carried unanimously ; and after the
re-election of directors and officers for the ensuing year, a
vote of thanks was passed to the retiring directors.
Mr. Meneout Roes, the vice-president, thanked the
meeting for this expression of approbation, and then drew
attention to the necessity of legisleion in reference to fire'
and life insurance, offices, especially the latter. To
show how much the public might be deceived as to
the stability of some of these offices, be held in his
band the balance-sheet of one of them, which showed that
is two years it had received an income of 19,0001. in pre-
miums, and had expended 65,0001 , including 28,000/. for
advertisements, law charges, die. ; 11,0001. salary to staff ;
and 11,0001. loss by fire, the remainder being put down as
interest on capital, though there was positively • loos of some '
35,0001. Another office had received 51,0101., and paid
39,0001. in expenses, leaving only 15,0001. to meet the con-
tingencies of 38,0001. of life premiums. In reference to a
subject which had been several times touched upon this
morning, he was still not without hopes that the present
war might have the effect of extending commerce,
and a more tolerant Christianity in places from which the
enterprise of this country had been hitherto excluded. Ile
regretted the necessity of war as much as taw one, but what-
ever might he the opinions of the electors of this district, be
considered that the minority had a right to have some say in
the transactions which were going on in the world. On
which side the minority had ;down itself in Manchester was
now a matter of opinion, but he had a great notion that the
bill introduc?el by Lord John Russell to give effect to mino-
rities as well as over-ruling majorities, would be beneficial
in its operation. He observed Shot the anima meeting for
the coercion, or at least for the dictation to parliament,
was going to be held in as large a way as pos.
Bible. It had been customary to send out invitatione—ser-
Wetly not to himself, nor he believed to Mr. Entwisle—to
those who held similar opinions to the holders of those
meetings, to accept the position of vice-presidents; and
amongst those invited on previous occasions, and also OR
this one, was Mr. Absalom Watkin. Mr. Within had re-
plied that he had no objections whatever to occupy his
usual place of vice-president, provided be were allow, d to
express his opinions; but Mr. Within did not appear on
the list of vice-presidents. (Hear, hear.) He (Mr. Ross)
protested against • meeting celled under such circumstances
being regarded as an expression of tho opinions of the people
of Manchester. (Hear, hear.)
The proceedings terminated with a vote of thanks to the
chairman.

COLLECTION OF MEXICAN ANTIQUITIES.

This eolleeion was opened for private view
yesterday, at 57, Pall-mall. It consists of a number of
objects, principally in terra colts, which were dug up
when excavations were made in the ground round Mexico,
at the time when the army of the United States was ap-
proaching the city. Out of the deep trenches and fosses a
van number of idols, small statues of priests and sovereign
princes, vises, repreeentatieus of animals and reptiles—
particalarly serpents—were extracted. These fell into
the hands of the proprietor of the collection, who
was then on the spot, and they are now srranged
for public exhibition. Unfortunately • number of
them were destroyed in the journey, but there arc still
more than five hundred left, and they form an interest-
ing sight, although it must be acknowledged an antiquarian
puzzle. It is very provoking to look vacantly upon five
hundred objects, all evidently intimately connected with the
ancient life of an extinct nation. Whet a flood of light
would pour in upon us as to the ante-Spanish period, could
we interpret the meaning of those serpents which crawl
round every sculptured representati, n of god or man
What are those two seated figures about, holding a tad
between them with both hands ? We might learn some-
thing more of the Aztec race, if we could inter-
pret the meaning of that crouching human figure
grasping its square head d , and evidently suffering
pain. Astride of this is aco'her human figure with an
emaciated body. Close by there site one with a head
dress composed of large pendant snakes ; on it. breast is a
turtle, upon which the figure rests its chin Every
where we see grotesque images which had • meaning once
which we would give something to decipher ; and every
; where, too, that terrible snake. Besides the human objects,
either natural (there are very few of these) or distorted
there ate numerous representations of animals and reptiles,
many of them carved in stone, and of first-rate work-
manship. Amongst the most interesting objects of the
collection are the vases, urns, and pitcher'. Many
of these are remarkable fur the elegance of their
shape and the perfection of the workmanship.
They are mostly of terra mitts, and are well worthy of
study. One of the small statues must not be neglected by
the visitor. It represents • native prince with au open book
in his hand. The book bears an inscription in Spanish,
with the date 1662, just 31 years after the conquest by
Cortes. The ineeriptien intimates that the image represents
the governor of • district. This is curious as an illustration
of a circumstance alluded to by Prescott. The victorious
Spaniards, to conciliate the conquered, invested the native
winces with authority, snowing them to execute some of
the functions of government. This statue undoubtedly re.
presents one of these native governors. The collection is well
worth the attention of the antiquarian, the curious, and those
who are food of endeavouring to rebuild the past out of the
scattered fragments which have descended to us.

THE OPEN SPACE OP SMITHFIELD MAREET.—As
stated in the daily journals, the New Cattle Market is ex-
pected Lobe opened about the 26th instant, and by the act
of 1851 it is declared that from the time to be flied by the
Secretary of State for opening the now market, Smithfield
market is to cease to he a market for the sale of cattle and
horses. The question will arise as to what will be done
with the open space. The authorities of Bartbolomew'e
Hospital have urged upon the government the necessity of
keeping the open apace where the market now stands. It
appears from a copy of the lase officers' opinion that Smith-
field was granted by a charter of Charles the First to the
corporation, for holding markets and faits. No buildings
were to be erected, as by the charter the King further de-
clared that neither he nor his heirs would erect, or cause to
be erected, or give Haute to any person to erect or build
anew any houses or buildings in or upon that field,
but that the same should be at all times to came per-
petually reserved, disposed of, sod continued to the
like common and public uses as the same fields theretofore
bad been and were used. The stipulation, it is considered,
will not be binding after the removal of the market. The
law officers are of opinion, on the removal of the market,
the open apace will belong to the crown, and the question
will be settled whether the market plate shall be used
either as an open space or garden, or in some other manner
equally conducive to the health and enjoyment of the
public. Her Majesty's pleasure, it is said, should be taken
on the subject.
THE ROYAL NAVAL BENEVOLENT SOCIETY.—
Yesterday a general quarterly meeting of this society was
held at the Thatched House Tavern, St. James'astreet,
Lord Haddock in the chair. There were also present Sir
B. Oatram, C.B.,Vice-Admiral Seymour, Captain Richard-
ten, Commanders White, Howes, and Jay, Lieutenants
Bedford, Lane, and others. The secretary stated that the
relief book of the society showed for the past year that '226
families bad received grant; amounting in the whole to
1,6791. The number of naval subscribers of all ranks for
1854 wu 1,435. Had the whole of the subscribers paid, the
amount of relief granted would have amounted to 3,2581.,
instead of 1,6791. The receipts and disbursements from
Jan. Ito Deo. 31 showed a balance of 3261. 15s. 3d. Ad-
miral Lard Colchester was elected vice-president of the st-
ciety in the room of the late Admiral Sir Bysm Martin.
`their *e-
re-

Ire- w 'M set

Wan intelltactict,

EQUITY COURT&-JAw. 15.

SMIlt2 LAID CMAIICILLOI•
THE WESLEYAN METHODISTS.
TIES •TIORNIIY-01/4111AL O. CLAPH•II.—JUDOMENT.
This was en appeal from a decree of Vice Chancellor
Wood. The use was argued at length in the last term, and
the court took time to eoneider its decision.

The Lord Chancellor tow delivered judgment. He said
this was an information at the relationof two members of
the body called Wesleyan Methodists, at Birstal, in the
West Riding of Yorkshire, for the purpose of obtaining the
direction of the court as to the administration of the trust'
under which a certain chapel at Birstal was held, and cer-
tain deeds were set out in the informcti. n. The earliest
deed was dated Dee. 3, 1751, and it states in substance that
William Howgate conveyed the meeting•house and land,
described as being in the tenure and occupation of John
Nelson and his assigns, to nineteen trustees, to hold the

suchan other
same to the use of them, their heirs and assigns, fee ever,
upon special trust and confidence, and to the inter t that
beingpot enboodu 1
fit
permit ntiitn ddsuurff,
negr Johnl
ifo a Wesley,
hi
they tied their survivors, fie., and the trustees for the time
es
"widll d
persons as he should frum time to time nominate and ape
plea-
sure, to have and enjoy the free use and benefit of the said
premises se that he the said John Wesley, sad such other
person as ho should appoint, might therein preach and ex-
pound God's Holy Word ; and from and after his decease,
upon similar trusts for the benefit of Charles Wesley end
William Grimahaw, and their respective appointee!, during
their lives respectively,snd after the decease of the survivor of
John Wesley, Charles Wesley, and William Grimshaw, upon
tees!, that they or the major part of them, or the survivors
and the major part of the trustees for the time being, ae-
cording to the true intent and meaning of that indenture,
should from time to time, and at all times for ever there-
after, monthly or oftecer, at their discretion, nominate one
or more fit persons to preach and expound God's Word in
the said house, as near as might be as God's Word was then
preached and expounded there. The indenture then cone
Wired a provision for filling up by the rest of the truste
of vacancies occurring in their body, by death, or removal
cf residence for the space of 12 miles from the meeting-
house, or resignation, so as to keep up the number to 19
trustees, and for the conveyance of the legal estate when the
member of the trustees should be reduced to five or any less
number. That was the original deed, and it had been eats-
hlished that from the time of its execution up to the year
1762, the trusts contained in it were duly executed. In 1782
nine of the trustees had died, and by a deed of the 7th of
May, 1782, the meeting-house and land were conveyed by
the then trustees to John and Charles Wesley and
10 new trustees. The effect of that deed was to
vest the property also in the 10 new trustees.
On the next day another deed was executed by the
same parties for the purpose of declaring the trusts under
which the property was held. By that deed, after reciting
the necessity of rebuilding and enlarging the meeting-
house, and that 3501. beyond the voluntary subscriptieus
was necessary, it was declored:tt,at the said premises were
limited to the parties in question upon similar trusts to
thews in the indenture of Dec. 3, 1751; and to be held for
the purposes of by such persons as should soccer-
sively be appointed to preach in the meeting house by the
trustees and such members of the society as bed been clue-
' leaders for three years at least, within any of the circus's-
jacent villages of 13irstal and eight others named ; and it
was provided that no other doctrine should be preached
'than was contained in Mr. Wesley's notes opt n the Old
and New Testament; and also that they should preach in
the said house twice every Sunday, and at least one eveliing
in every week, and also that after the decease of the sur-
vivor of John and Charles Wesley every person so appointed
to preach should hold the premises and exercise the func-
tions of a preacher or pastor there only derive the good will
and pleasure of the major part of such trustees en .l class-
leaders, end that it should be lawful for the major part
of such trustees and clue-leaders to deprive, remove,
or suspend the preacher or pastor of the said society for the
time being at their free will sad pit estate, and to suLititute
and appoint other preachers or pastors in the place of him
and them so deprived, removed, or suspended. The deed
also contained provisions with regard to the enjoyment of
the house, the letting the pews, and the application of the
pew rents, for the appointment and displacement of stew-
ards after the death of John and Charles Wesley by the
preachers, the trustees, and class leaders, and fur giving
notice of meetings for such purposes. Provision was also
made by the surviving trustees and class lemma for supply-
ing vacancies in the body of the trustees occasioned by death
when the number was reduced to sews. It appeared,
therefore, that before the year 1782 additional builoiega
had been erected on the trust property, and an enlargement
of the chapel was contemplated, end by this declaration of
trusts it was intended to show how the means were to bo
provided, and the manner in which the hreechers were to
be supported. During the life of John *Wesley, who sur-
vived hi. brother Charles, the preachers were appointed by
him, and after his death by the trustees, but not alone,
according to the first deed, but in conjunction with the
class leaden, under the provisions of the deed of 1782..
In 1869, conveyances of some small pieces of land were made
to Toornas Crowther and Amos St.reet for the benefit of the
society. Before the year 1818, all the original trustees
under the deed of 1751 and seven of those under 'hat of
1782 were dead, and the property was vested in nosy two
surviving trustees. They by a deed of January 22, ISIS, con-
veyed to new trustees the !remises comprised its tut inden-
tures of 3rd December, 1751, and 7th and Bth May, 1782,
respectively to hold the lame to the use of the surviving
and the new trustees, their heirs and assigns for ever ; and
by an iudenture of the same date, Thomas Crowther end
Amos Street, who were also two of the trustees, conveyed to
other trustees the premises comprised in the several inden-
tures of the 4th and sth December 1809, and the 12th
August, 1812, to hold the same to use of the trustees, their
heirs and assigns fur ever. In 1835 it became necessary
to appoint new trustees in the place of several who bad
died, and others who were desirous of being dis-
charged ; the then existing trietecs, by an inden.
tore of 7th September, 1835, conveyed the before men-
tioned premises to new trustees on the same terms as in
former deeds. By a deed of the Bth September, 183.5, the
trusts upon which the premises were to be held were de-
clared, that is to say, as to part thereof upon simil.r trusts
to those declared by the deed of Bth May, 1782, arid as to the
school-houre to permit the same to be used fur the purpose
of educating therein, on the Sabbath days, the children of
the members of the said society, in and near lintel, mid
leech other children as eLeuld front time to time be teiected
for that purpose by the trustees for the time being, and
such class-leaders as aforesaid, by such teachers and masters
as should from time to time be appointed for
the purpose by the trustees and class-leaders. By an inden-
ture of 25th April, 1843, in consideration of Udi. (which had
been raised in the same manner as before mentioned with
regard to the other funds) smother piece of land was con-
veyed to the trustees, upon the seine trusts as were de-
clared by the indenture of 7th September, 1835,
with respect to the hereditamento comprised therein.
In 1816 disputes arose with regard to the appointment ci
the preachers, and the question now was whether the ap-
pointment was in the trustees or in the body called the Con-
f Tenet of the Wesleyan Methodists. The conference as at
present organised, owed its existence to a deed-poll executed
by.Jebn Wesley in 1784. By that deed, after nicking pro-
vision for the establishment and regulation of the con-
fei ence and its meetings, it was declared that they might
expel persons from being members of couference, ores con-
nexion therewith, or upon trial; that they might admit
into connexion with them or upon trial any approved per-
sons to be preachers and expounders of God's Holy Word,
under the ears and direction of the conference ; teat they
should not appoint any person to the use and enjoyment of
any chapels.belonging to the Methodists who was cot cider
a member of conference or admitted into connexion with
them, or upon trial, nor appoint any person for more than
'three years successively to the use and enj Ament of any
such chapel except ordained ministers of the church of Beg-
land; and that whenever the cor irrence should be reduced
to the number of forty members for three yearly assembli :a
successively, or should neglect tom e for three years, it
should be extinguished and its peet rs should cease, and
the chapels snould vest in the trustees thereof
for the time being, upon trust, that they might
appoint such persons to preach and expound God's Duly
Word, or to have the use and enjoyment thereof for such
time, and in such manner as they should think proper.
That was the statement of the deed, as set out in the inlet-
motion, but on looking to the deed itself, there was some
difference in the definition of the body called the conference
with regard to the eppointmi nt of preachers to
the chapels after the death of Wesley. It was contended
by the relators that, looking to the history of the chapel,
and its intimate connexion with John Wesley; it was clear
that the appointment of the preachers rested with the
conference, and that any other mode of appointing
was Contrary to the constitution
of Methodism, and by tt.e
prayer of the information it was asked that it should he so
declared. The point for decision was whether the relat.:re
had established any claim for the relief fur which
they prayed. That they were not entitled to
that far which they asked was certain. It was clear that
there was a variance between the deed of 1751 and these of
1784 and 1835 ; but by no possible construction of any of
the deeds could it be contended that the conference had Ley
such right whatever. That was not seemed on behalf of
the relators, but it was argued that the deeds did nut ade-
quately provide for the objects of the founder, and there-
fere this court ought to give relief and assist in he carrying
out of his views and intentions. With regard to the first
point of the correction of the deeds the argument was to
thought untenable. That argument was that the prisons
who weto to declare what the trusts were, were not the
trte-tees but the subscribers generally. But there was
nothing to show that the nineteen v-- names
were in the deed were not
and even if they were not
taken for Fantod that the
siontent with the trusts. He -

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