The Express.
London, England, 1853-12-15 00:00:00

THE GOVERNOR OF GIBRALTAR.

DEPUTATION TO THE COLONIAL SECRETARY.
Yesterday a deputation, consisting of the mer-
chants and inhabitants of Gibraltar, and a number of gen-
tlemen connected with the Manchester trade, waited upon
the Duke of Newcastle at the Colonial odic., in order to
present to his gram several memorials respecting certain
resent acts of the Governor of Gibraltar, Sir Robert Gar-
diner. The deputies from Gibraltar, Mr. William Carver
and lir. John Peacock, were introduced by Mr. Bright,
M.P., and accompanied by Mr. J. B. Smith, M.P., Mr.
G. B. Can, Mr. J. Aspinal Turner, president of the Com-
mercial Association, Manchester ; Mr. Henry Ashworth,
vim-president of the Chamber of Commerce; Mr. John
director of the Chamber of Commerce ; Mr. Mosley,
plasm,
Jackets!), Mr. David E. Power, Mr. John Ingram
Travers, and Mr. Charles Bloke.
The subjects of the memorials have already been noticed
in the Doily News. The grievances complained of mainly
resolved themselves into four articles. First, that the
governor unsuthorisedly, unconstitutionally, and in direct
violation of the express words of the orders in council has
ordered duties to be levied upon wines in the port of Gib-
raltar, without warrant in law ; and that be has imposed
arbitrary restrictions upon the removal of wines, and spirits
afloat, incompatible with the perfect freedom of the port.
Beeendly, that he has Imposed arbitrary restrictions upon
the egress from Gibraltar of vessels lawfully engaged in
trade ; and in the pursuit of an impracticable policy which
he describes as " licit trade, free as air," (which, however,
la reality, is fettered by the Spanish laws with wholly pre-
hibitory duties as regards British goods) the governor has
issued orders which interpose unnecessary and vexatious
impediments in the way of transacting the legiti-
mate emanuirce of the port. Thirdly, that the
gevernee. as President of the Board of Health, in
friemdl eemeurrenies with the Spanish authorities,
decided upon a quarantine of eight days observation, upon
all vessels arriving at Gibraltar from England, after the
24th October. Eight days afterwards he precipitately, and
without any notice, removed all quarantine, and provoked
the Spanish authorities, in pure self defence, to place yes-
eels from Gibraltar under a quarantine of eight days obser-
vation, instead of allowing them free communication as
theretofore. The order of the Board of Health at Algeciras
having been at one* carried into effect, to the great preju-
dice of the trade, and the comfort of the inhabitants of the
port of Gibraltar, the governor, without any motive which
eau be fathomed, crowned these proceedings by ratting oft
the land communication with Spain, thereby preventing
the introduction of provisions, and supplies into the garri-
son and city, through that channel, and reducing the poorer
daises of Gibraltar to the deepest distress. Fearthly. He
has interfered with the inalienable right of British subjects,
to assemble peaceably to discuss their wants and grievances,
having prohibited tbo inhabitants from meeting even in
their politic Exchange-rooms, to memorialise her Majesty's
Secretary of State.
The memorialists therefore prayed for the removal of all
the recent restrictions on the transit trade of the port, equal
leemmercial freedom with that enjoyed by the people of
Zegleitd, protection against the governor's vexatious and
harassing interference with the trade he is bound to pro-
tect; that the operation of the Orders in Council, relating
to revenue now in force, may he confined, as heretofore, to
the city, garrison, and territory, and not extended nip
authorisedly to the port of Gibraltar ; and that the entire
freedom of the port may be maintained iuviolste. They
also prayed his Grace to appoint a commission, with ample
powers to inquire into and revise completely the existing
laws of Gibraltar ; to inquire into the state of the public
receipts and expenditure of the colony. with a view to the
immediate and permanent reduction of the unnecessary ex-
penses of the local government ; and to report to his Greets
upon the necessity of the appointment of a consultative
council, to assist in preparing sinews and matters connected
with the public revenue and the trade of Gibraltar.

might
was A mgl , _
was far advanced towards completion, the sheds were is which he says that he imagines that the deceased con-
covered in, and the rolling stock was in course of delivery. tributed more than 401. a year to the chapel. When the
The arrangements in regard to the rolling stock had been books were turned to it did not appear that one
made on consultation with the Strasbourg Company, the single farthing was contributed by Owennap to that
alliance with which he regarded as of permanent value to object ; on the contrary, it would be found that
both companies, and in conclusion be begged to move the at his death the very tams suns (271.) was paid
adoption of the report. for interes on the chapel debt, which was paid ten years
The motion was seconded by Mr. ANDIRTON. before, indicating clearly that, during that period, the debt
Some conversation ensued as to the terms upon which it had undergone no deduction. His Honour nest proceeded
was proposed to convert the several classes Of shares, and to the third fact in connexion with this matter, and he con-
The CHAIRMAN expressed his own opinion that a more sidered that, whatever doubt might be thrown around those
equitable arrangement could not have been devised ; and, to which he had already adverted, however they might be
Is answer to a question whether the meeting was now explained away, that which he was about to state seemed
called upon to pledge itself to find the capital and proceed all but conclusive to show that the design of the parties to
with the new lines, he added that it was proposed to ask the deed was that it should not come into operation until
for powers at the present meeting to carry out all the re- the grantor's decease. This fact was the careful conceal-
commendations of the report. The extension would con- ment of the existence of the deed and of its purposes from
nett them with other lines, which would bring them in the members of the congregation of the chapel and from the
direct communication with Paris ; and hit wee satisfied deacons, the helps, the treasurers, and committees of the
that the profit upon that extension line would not be less charities proposed to be benefited thereby, until the month
than ten per cent. The Paris and Strasbourg Company of June, 1860, and even then it was only dircloeed for the
had se strong an opinion of the advantage they would derive purpose of effecting • scheme to which reference would here-
hem the completion of the through communication that after be made. This studied concealment could only be ac-
they were about to lay out 800,0001. to unite with the lines counted for on the supposition that the deed was not In-
a the Luxembourg Company. (Cheers.) tended to be enforced, and could be explained upon no
M. Bosexceox, the secretary of the Paris and Stras- other ground. But this strong presumption received further
!ClCompany, urged the importance of uniting corroboration from the information which Dr. Burns said her
ines of the two companies as being essential did communicate upon the subject of Mr. Gwennapte in-
to the interests of both. It was well known tended benefactions to the chapel. He said in his deposi-
t's the Continent, that the trate° always increased in pro- tious that he communicated previously to the meeting
portion to the extent of the line. The receipts on the of 1860 the fact of the execution of the deed by Mr. Gwen-
Great Northern of France had increased 20 per cent. per nap ; all that he ever did was to state generally the fiat
mile suttee the line bad been extended from 330 to 444 miles, that the charities would be benefited by Mr. (iwennap in
sad on the Paris tad Strasbourg. when the line was ex- the course of a few years .so that not only did Dr. Burns
tended so as to connect it with the foreign railways, with during 11 or 12 years carefully suppressthe fact that there
which it now communicated, the passenger traffic became existed a deed by virtue of which, if esforced, the charities
doubled almost in • single day, and the goods traffic in- would be entitled to immediate benefit, but what hocom-
creased 60 pet cent. His company now paid 11 per cent. to municated was in such a shape as to lead. inferentially. to
their shareholders, and he expected they would soon pay the belief that the benefits were not of a present tut.of •
13; and he could see no reason why the Luxembourg future character. All this is further burns out by the
should not be equally successful, when they extended their transaction of 1847. At that time it appears to have oc-
line so as to bring it in conaezina with the great continen- caned to Mr. Owennap, or to have been suggeated •ai him,
tal railways. (Hear, bear.) When this was done the that be might be called upon to pay up the arrears of the
Luxembourg would be no longer a Belgian but • European annuity, which then amounted to upwards of 7001..
line, for it would become a portion of the direct line be- To relieve Mr. Gwennap's mind from this- apple-.
tween Ostend and Marseilles. (Hear, hear.) He believed bunion, it was arranged between hint and this • trustees.
these alliances between the railways of different countr'es, that they should give hiss • release from all liability for.
by which the peoples were brought into direct cornmunica- arrears then due, and accordingly the trustees, Burns and
Lion with each other, afforded quite as strong a guarantee East, executed • memorandum by which they. discharged
for the preservation of peace as the treaties negotiated by Owennap from all claims up to that time, and.engage 1. to
diplomatists and signed be kings. (Loud cheers.) renew such release every half-year. When tt.ie meninan-
Mr. TAUNTON, as a holder of 6 per cent. guaranteed dues came to be examined closely, it would. be losind to.
stock, and as representing a number of other Liverpool support the plaintiff's MO. The trustees therein describe
holders of the same stock, complained of the unfairness of themselves as 'agog, amsointed trustees of MUM e,enuitioll
being called upon to give a guaranteed 6 per cent. for what left by T. Oteennsp, to Ikon Chapel and it:. charities con:.
might turn out to be no dividend at all. The old shares elected therewith, awl that such annuities were .eft by deed
had been es low as from 40 to 60 per cent. discount, and to meet the heal difficulties arising from the statute of
might be so again, and he objected to exchange a stock alortinahn• • tiaeS' therefore declare that they could net ts
which must always command its value is the market, for justice deny', the annuities until it should please Pro‘ it-
one that was liable to he depreciated to such an er.tent.
den" to ou'aove Mr. Owennap by death, and that they
fur that, gentle-
Mr. MABTIRMAN (a director) defended the irrrangeraent °"""tthat oran-
propoeed as one that was fair to all parties, end after some
man'. 'satisfaction. The impressiros. which
mind was that
SINGULAR POACHING AFFRAY.—An extraordinary further conversation, in the course of which two other due., was calculated to
.leave upetninthethe
deed the in-
case of poaching has lately occurred in the parish of Wit- shareholders expressed their concurrence with Mr. Taunton,
'lsm parties would have plainly
shouldannoOtube reci ived until Mr.
Islington, Dartford. On Wednesday evening, the 30th The Cu AIRMAN promised that any bolder of the Six per
tennon that the annuity
attach 4"..- oir names to that d
ult., at 7 o'clock, Colegate, the gamekeeper of Mrs. Minot. Cent. ',Lock who was dissatisfied and objected to cone.' had it not been
kf
la oforruntahien.difAtienuoltthyetrhtzraus.own
of Baldwyns, heard a gun fired of( in Hark wood; he igiss up".n the terms Itroposed should, wile* he next applie -4
ic,iTt (3,:the'entraPw.elydebayththe statute _
took
mediately proceeded towards the, spot, and ea he was am. his intern t, have hit stock Taken off his hands at P 6"
~.
actual, limn a few erontha before
;sing he heard a seconi gun tiz is 'tie same direction. The, motion for adopting the report srie **
..ien put end
I already slightly adverted to, pmla.ce I. , few years
Presently he heard some *:en opiate:chins, and on seizing ,
64' rued, siz hands only bung told up 'wt.'
one them he found tkat it was one of hp own brothers,
and Mr. ANDS). tux secooded, a rests-
oi it, in • more
Squire Colegate.'limn usually crowdeeMeeting. '
Whilst- these two men were strugglinv Mr. Rows mired,
together, 6401 tier brother, William Colegate, struck e.oe lotion, ratifying the provisional r• •
'teener csTri the head and back with the barrel of a. •gus. into by the directors with the P"ai s. andr eat'Strasburg c
Coineeapt ane reyd,
,I_l___°„kr-per then let Squire Colegate get up, and the other which was carried, as were, other resolutions to authorise the
board to assume the canoeist.% of the Belgian Grand June-
quire?.."°"„tier William ran away a short distance. Ho thee, threw
but tion line, and to carry out the proposed arrangements in
.s Colegate down again and called out for h'elp,
, William, who had run away, tame back and Vaud, hint regard to capital, at' .1 the other recommendation contained
. again with the barrel of the gun, and Squire said, ii otee to the report ; and after a vote of thanks to the chairma
it to him." The keeper then seised hold of the 'or:eel, but and a similar oompliment to M. Rosser:go and the stcrets.rj,
his brother lir:embed it ikw;sy, struck at him tip ,
fain and the the meeting separated,
two brothers then ;ea away through "...at edge. The
keeper wasmisi.,!e'.l hurt, and his head 'Wed. Squire Cole- ......-,------
gate and ve :Atm Colegate hare been subsequently ar-
rested and ce mmitted for trial. It is said that the keeper
had served, a notice on his two brothers to keep off Mr..
Ninet's sand, and that th 7 enter sines! some spite towards
him tit consequence.— South Eastern Gazette.
SUBMARINE TELEGRAPIL—The submarine cable
across the Firth of Forth and Tay is being laid down, so as
, I to complete the chain of telegraphic communication between
the far north of Scotland and the south.

atter r
.wennep's
death, it appeared to have suggested itself to Dr. Burns that he and his trustee might end themsels.sa in a difficult position when the deed was disclosed, becausoy„hey Aral not
only omitted to receive the annuity mentioned the.eiss, but
bad also given an undertaking not to call for it &tiring Mr.
Gwennap's life, and therefore they apprehend,d that they
might be held personally accountable for tb' arrears. To
get imr this difficulty Gwennap drew a cb eque for 1,04,54,
the amount of the arrears, and handed it Dr. Burns. Dr.
Burns exhibited this cheque at a chinel meeting on the
same day, explained from whom and for what he
had received it, and prvisnied that, on amount of his
other acts of beneficent*, it should 'in: returned to Mr,
Owennap. In this proposal the meeting concurred, and the
cheque was returned to the donor, who thorcuponsane a
receipt for it. Now, taking into consideration -the whole
of the circumstances surrounding that matter, and the fact
that ucither at that time, nor at any time dui ing the pre-
ceding ten years, had Mr. Gwennap had sufficient money
at his bankers to meet a cheque of that 4111()%111!, h's was satisfied that the whole affair was a mere CJlltTiValne
to relieve the trustees from responsibility. Of COMP, if
the payment had been a bona file one, then the annuity

ST. PAUL'S CATHEDRAL: It LS announced that
the Bishop of London, 'misted by Dr. Luithington and Sir
Jaws Patteson, Fitting as assessors, will commence en
inquiry into certain alleged abuses connected with the
above Cathedral on the 9th of Jemmy.
LONDON AND SOUTH WESTERN RAILWAY.—
Amount of traffic for the week ending D'c. 10, 1853:—Pas.
*engem, 8,1.9/. 14s. 31.; goods, 3,137/. 17s. 109. Total,
11,2571. 12s. I id.

woulst hors Nos paid inmi the dile of the deed, and the
It fl.O the wit vuupliid sills. But the parti,.
thsff"rivsse pee a ea c %Lich they pb.ud before •
ef : udn y .yer ent ; rod, .
node,sa, so cc., ota .1.,1 lest wiltuily hand hint-
eat ts the crud:, 'Dula (mot to any •Tlet r conclusion than
that the p.eyeaesit Cl.. a 1051 r shad w, without substance.
All the bets Lid asto conside teal were heels coact g
wide& tlwrit was nu aviators rsy. Some of them indeed
sight he exist eiterst away and set aside, if taken, inshvielte.
silly, law ahem t' y w. te %kited as a whet., i'!us!rateel by
the lutist e.ieh II n es apes the other, there could be.
but little re deubt that there exists.: at the time of
the earen.issis ei the deed, mid during all the sntseopunt
year, • design upou the part of all the patties that the an.
'meth s alienist not commence until the dealt of weaump.
Itactlier 01'4 desigit es. sot expressed in :maga ire
but mutely Mlt to test wpm isteutios in watts • man-
ner es to justify Dr. 8ar..., in his own tics, in 10)ing that
ao rush i.peemesit ex:eed the court ents'A sot cosy ; but it
Vat i'lsin that Upon nee other suppesition elan the eaistenee
of aorta a design. e uold the conduct of the p • be
cotaprehe mho'. Iles lion or then proceeded to eonaider
the tile:elite upon which it was eouoht to show that an
Unita agettinent not 10 eUtutt.lbs. decd existed. Ups
the eldest. ul Derivg, the se resat of Gwe naap, and of
Has Gwesmap, toe did not eene;ster that any portion of his
iudgmeut could be grounded. rht evidence, however, of
Wyatt, who was present at tae execution of the deed, was
not without weight. Wyatt stated that at the time ft was
actually agreed in woe,. that the amenity should sot be
trafureed until the de situ of he wennap and not only this
but that wetiaap wished such agreement to he embodied
in writing. De. Burnes however distinctly denied that any
sash itecveriation took place ; and if the case depended
sop n the b stimone isi those two witnesses, the court would
have to eeseesider Weir easiest. to credibility. The moral
eh:erect, rof issth was usimyteched. Bow did they stand
with regent to the matter is question? Wyatt lied no in-
tereet whatever 111 the ma tut. Dr. Barns, however, was
to a errtant entire steel; he had that interest which
a micister of a dissenting chapel tightly felt in the
churches connected with lilt chapel being adequately ea-
dewed. Tht intere et which Dr. Burns took in the 10/. left
to the minister of Elton Chapel, in cave Lis salary was un-
der Val/. a year, was of a nature too contingent to be con-
sidered as alleetiug leis testimony in any way. It was ma-
terial to temark, however, in connexion a ith this point,
what was said by Dr. Burns with regard to the roe-receipt
by hint of the Rif. per year. It his deposition Dr. Buena said
ha reecip's is 1b39, as minister, exceeded 150/. a year, add-
ing, " I have. the pew 'tutees( the chapel:Yin another place
he says " I have no interest in the deed, unless my salary
tans below britil." 1 rorn this it would naturally be inferred
that, from the time of the ell cation of the deed, his re-
ceipts as minister exceeded 1401. a )ear, and that such
re-
ceipts consisted in part est a heed salary, and in part of
pew rents. 1 61111(5111.1i115411011 of the books of the trees
tutor the following, howceer, appeared to be the farts. Dr.
Burns htearne the nisi-ter of the chapel in lhft. , at a
salary of 120/. a year. That salary was continued down to
Cluistmes, li'l2, after which time it .11 increased to 1101.
In January. IRIi, a resolution was rotor to that the minis-
ter should receive ISO,. and, if the funds would permit,
200/. a year. Moreover, it appears that front the date of
the execution of the deed down to the death of
Mr. Owensiele, Dr. Burns never received one
shilling of the pew rents; on the contrary, they
were received by the treasurer, and regularly entered in
his accounts. At a meeting, however, held a few days
alter the els alb of Mr. Gwennap, it was resolved that the
pew Tritts should lie appropriated to and he received by the
inieister in lieu of a heed salmi, and that resolution ap-
pear', from the treeleueer's book, to hove been carried out.
Although, therefore, Dr. Burns, in giving his evidence in
could a..y with strict adherence to the letter of the
truth, " I bare the pew rent•;" yet the inference which
coy one woulelselraw from the staterneut hi his depositions,
that he had had them while tiwennap lived, had no sort of
thuadation in feet. If then it were neceemry to decide
this ease upon ttse eohlbcting testimony of Wyatt and
Hutto, the court would be inclined in favour of Wyatt.
but atter all, the case did not Teat upon that; there was
otherwise chough to show that the parties had a design
to evade the law of Mortmain, and the court therefore
declared the deed to be void, wed decreed it
to be set wide accordingly. Inasmuch, however, as the
deceased himself had been a party to the matter ; and a.,
is feet, it was through his act that this litigation became
necessary, the costs meat come out of the estate.

COURT OF QUEEN'S BENCH.—YEsTERDAy.
liaslAtal At Min PAR. AT I,,lLlailAt.t.—.llolLA Saab CAMPOSI.LAND