The Express.
London, England, 1848-01-25 00:00:00

THE EX4RESS, TUESDAY EVENING, JANUARY 25, 1848.

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prime minimise had nominated Dr. PUSEY to fill a
vacant bishopric, three-fourths of Dr. HAMPDEN'S
opponents and nine-tenths of his supporters would
undoubtedly change sides. The great majority
of the public is anxious to rebuke tractariamem—
a minority is opposed to Dr. HAMPDEN'S views.
The substantial power of the crown is not seri-
ously disputed ; nor is the right to subject it
to supervision claimed on behalf of the clergy, but in
the name of every individual who may choose to
interilere—on behalf, as the SOLICITOR-GENERAL re-
marked yesterday, of Mr. Gterrettmeia, as well as of
the opponents of Dr. HAMPDEN.
The real state of the use we have frequently en-
deavoured to explain to our readers; and those who
couch the long and able argument of the Arroiteee-
GENLRAL will find every authority and every illus-
tration which industry and ingenuity could bring to
bear on the question, collected and arranged in a
skilful and luminous manner. His address of three
hours was occupied in showing—first, that the
duty of the archbishop was ministerial only, if not
wholly imperfiuous; and secondly, that the Court of
Queen's Bench had at any rate no power to interfere
by mandamus. It will be recollected that we have
uniformly contended that the court must go, if at
all, solely on the ground that the vicar-general, under
the advice of his assessor, refused to hear the nature
of the objections which the opponents proposed to
tender. We inclined to think that there was a pos-
sible Bede of things which might have given them a
locus standi; sad that it could not be summed till
they were heard, that their objections were founded
on alleged disqualifications in the bishop elect—
a class of objections which we as fatly believe
they might have been properly restrained from
urging. The Arromrse-GENERAL, however, in
some degree, meets this difficulty. by referring to
the affidavits on which the rule nisi was granted, to
show that the opponents direct their attack not
against the identity of Dr. HAMPDEN, or the va-
lidity of the certificate of election, but against his
orthodoxy as tested by the celebrated " Bampton
Lectures." If, therefore, the court decides, as we
expect that it will, against the competency of the
archbishop to try the merits of the bishop elect, it
may be doubted whether a possible failure of justice,
which is not shown by the affidavits to have in fact
occurred, could be considered us a justification for
ordering the proceedings to commence de noro.
It is, of course, out of the question that we should
follow the ATTORNEY-GENERAL through the multi-
farious learning of his argument. From AYLIFFE'S
" Paragon" he quoted a summary .of the various
changes which have taken place in the mode of
episcopal appointment; and in citing from LANCET.-
norms a het of canonical disqualifications for the
office of bishop he raised a laugh by the stress which
ho laid on a clause not generally known. " If," says
that writer, " the bishop is under the canonical age,
or not born in lawful wedlock, or subject to bodily
infirmity, or if he has been active in promoting hie
own election, the appointment is bad." " Your lord-
ships see, therefore," said the ATTORNEY-GENERAL,
" that if Dr. HAMPDEN had made an application for
the bishopric of Hereford, he would, according
to the canon law, have been disqualified from
holding it." It is to be hoped that the Dean of
HEREFORD was not within hearing of this two-edged
remark. We are not aware that any now light
was thrown on the much-quoted Act of HENRY VIII.,
but a singular precedent for disregarding its for-
malities was quoted from a report of the time of
JAMES I. A bishop had been appointed to an Irish
see before the passing of the act which made Irish
bishoprics donative. The completeness of the appoint-
ment being in question, it was said by one of the
judges, that even if there had been no conge d'ilire
the appointment would have been good enough. We
confess that the precedent seems to us open to at least
u much criticism as that of Bishop MONTAGUE :
nor is it without surprise that we find the
SOLICITOR-GENERAL arguing, that because the re-
quirements of the Act of HENRY VIII. are declared in
the preamble of a later act to be a mere shadow and
pretence, and to be derogatory to the royal preroga-
tive, they are therefore not compulsory. We are not
aware that the Bill of Rights has been overruled by
the court, because it is derogatory to the royal pre-
rogative ; and u to shadows and pretences, or, as the
learned solicitor eloquently. called them after CAR-
LYLE, shams, really Westminster-hell is not the place
to protest against them. The SOLICITOR-GENERAL
even includes the act of HENRY VIII. itself among
the shams which he denounces, and expatiates on the
substantial interests of the Church of England,
of which he is a sincere member. But un-
fortunately a writ of mandamus will not issue
to maintain genuine religion, and it will some-
times be granted to secure the observance of a mere
legal fiction. The fact is, that the ATTORNEY-GENE-
RAL had, in his easy, off-hand, digressive way,
so completely exhausted the subject, that little was
left for his colleague to urge—ore rotunda—except
the mere generalities and fillings up of the question.
His proof that Archbishop USHER thought Dr.
Rives a slippery lawyer, goes but little way to
shake the authority of ?dONTAGUE'S Mee, if it was
reported in a trustworthy manner. Historically the
case is curious, from the circumstance that the popu-
lar leaders were then maintaining against the crown,
exactly the same claims which the popular party is
bent on denouncing in Dr. HAMPDEN'S case. As a
legal authority-, however, the ATTORNEY-GENERAL
sufficiently shows that it is by no means clear, that
Dr. RIVES ever said that he would have heard the
objections against the bishop elect, if they had been
tendered by a proctor and advocate.
The proof that the King inherits all the dispens-
ing powers of the Pope, appears to us not to be
clearly made out. However this may be, the crown
has not in this case exercised such power. If the
disputed forum were essential to the valid confirma-
tion of Dr. HAMPDEN, the Queen has taken no step
to supersede them in the present case. On the whole,
however, we believe that the court will be satisfied
that the crown is the sole judge of the fitness of the
person nominated to a bishopric, and that the arch-
bishop can have no objection to the fitness of the
person ; but at most inquire into the compliance of all
parties with the preliminary forms.
The ATTORNEY-GENERAL farther argues, with great
force, that the case, whatever its merits, is not a
proper subject for the remedy by mandamus. If the
vicar-general and his assessors form a court, it is
argued that they have decided on a matter within
their own jurisdiction, and that an application to the
Queen's Bench is an attempt to establish an appeal to
that court, which is not authorised by law. If, on
the other hand, the duty of confirmation is merely
ministerial, it is contended that by confirming the
election the archbishop end his officers have done
their duty, and are flinch officio; and that even the
letters patent by which they were net in motion,
having fulfilled their purpose, have ceased to be in
force. In one case the Court of Queen's Bench
would have no jurisdiction ; in the other, no
ground would be established for exercising
its jurisdiction. We are not certain that this
dilemma is one which it is impossible to
escape from; but it is certainly formidable. The
only ground, as we have from the first maintained,
on which the court can act, if at all, is the refu'al of
the archbishop's officers to exercise a preliminary
quasi-judicial duty, which would have enabled them
to decide on the fitness of proceeding with their
ministerial function. The circumstance that the op-
pours do not rely on this ground in their affidavits
seems materially to weaken their position. On the
whole, we think that the ATTORNEY-GENERAL'S ar-
gument has diminished whatever probabilities existed
that the mandamus would be granted. It must be
remembered, however, that the reply of his adver-
saries, and especially of their skilful, ingenious, and
sagacious leader, has yet to be heard. We will not
decide by anticipation on the decision of the judges—
at least without hearing the other side.

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LONDON, TUESDAY, JAN. 25.

AFTER a fortnight's incubation, the reply of
Archbishop MACHALE at length appears. At length
indeed ! for it is one of the moat prolix epistles we
ever remember having read. One condition only of
true rhetoric it fulfils : it is thoroughly homogeneous.
Dull at the beginning, it is dull in the middle, and
dull to the end. As is the manner, so likewise is the
moral. It perverts the meaning of Lord &MEWS-
BCRYI3 letter; quibbles inexpertly with his accu-
sation ; and shrinks in fine from grappling with the
truth.
One thing, however, it does make clear—that his
Orace of T CAM is no Jesuit. He may be as phlog istically-
minded, as fond of arbitrary power, and as bent on
the subjugation of the souls of nacn to sacerdotal
bondage, as the " blessed company ;" bat Jesuit he is
none. Ho evinces nothing of the intellectual die-
cipliae, the abnegation of lay passions, the calm,
bold, masculine faith in a great purpose, that charac-
terise the controversial writings of that scholastic con-
fraternity. His rambling, tumid, contorted, and verbose
periods, uo more resemble the condensed and con-
catenated statement of a professed champion of the
order of LOYOLA, than the hewn stones still fitting
close and standing firm in an ancient Roman way re-
semble one of the huge turf-stacks piled op near the
kitchen-door of St. JARLATR'S.
Still more unlike a Jesuit is this most reverend
writer of indignant epistles. He is neither witty,
wise, nor winning. He is neither gifted with per-
suasive art, nor majesty of thought, nor with the power
to lead men's reason captive by an imperceptibly
woven coil of inferences founded on admitted truths,
and ktitted link to link by the practised hand of an
accomplished dialect'cian. His periods, like his
dupes, throng tumultuously, each having the inex-
pressive look of its r.eighbour, and giving forth a like
indefinite sound. Of order or sequence there is little,
if any, and if the numbering of the Tuarn-ics were
omitted in the manuscript, and the printer were left
to himself, any other arrangement of paragraphs
would answer equally well.
The recent folly of some of oar English bishops is,
of mune, laid hold of eagerly, though clumsily, by
Dr. MAC HALE, as a good excuse for a fling at the se-
cular discipline of protestantism. We fancy there are
few amongst us who take the trouble of perusing this
new view of the HAMPDEN affair, who will not be dis-
posed to thank God that in ecclesiastical as well as
political rule there is a Queen in England ! The
instance his Grace thinks fit to select for il-
lustrating the difference between a loyal lishop
and himself in practical matters is highly
characteristic. After a few scowling sentences
at the appointment of a day for general humi-
liation and pray• r, on account of the famine in
Ireland, his lordship volunteers the pious and pontifi-
cal avowal that, " for his part, he must plead guilty
to utter inattention to the communication regarding
the day for fasting and prayer." And the reason be
assigns is in exquisite keeping with the impenitent
and ondevotional frame of mind of which he boasts—
viz., that as protestants were likely to observe the
day, no go d catholic ought. Verily no man will
accuse the high-priest of Connaught of any
insidious zeal of proselytism. Were the faith
of England beset by no wilier or more win-
ning tongue than his, her church could never
be in danger. And this is the end of the in-
terminable talk about sectarian equality, and mutual
toleration. This is the repeal reading of religions peace
and freedom—not only never to deal or unite with
heretic', but never to pray when they are praying, or
join with them before the common giver of all good, for
a common blessing, on their common country ! Da.
MACHALE likens his noble correspondent to HEROD,
who, to please the imperial government of his day,
was ready to participate in guilt. Did the part of
another actor in the same dread scene rise to his
pontifical remembrance, or has he forgotten that it
was the function of a wicked high priest to proclaim,
without intending it, a high and warning truth?
After depicting the hardships of the poor, he asks,
" What is to become of these hordes of miserable crea-
tures who besiege you in the public ways with the
clamorous importunities of hunger? They are driven
from their homes to look for an asylum in the work-
house; from the workhouse they are again driven back
to their homes ; but, alas! they have none, and thus
are exposed to ceit tin death."
What will our readers say when we tell them the
cause of this state of things in the locality whose
famished populace are thus described? There is a
workhouse in the town of Tuam. It has been built
upwards of five years. For two years and more after
it was built, no arguments or entreaties of the poor-
law commissioners could indium the guardians to
strike such a ra'e as would enable its gates to be
opened. Under the tacit if not avowed encouragement
of the humane andtender archbishop, this which he now
in mockery terms "an asylum" was kept fast shut,
so that neither aged nor orphan could find shelter
there. Meantime, this prelate ever and anon put forth
a new invective against the poor law as a system,
and renewed his counsel to the wretched multitude
for the repeal which was sure to come, and nigh at
band, when all would have peace and plenty. But
instead of repeal came famine ; the commis-
sioners had forced the gates open by the help of
an appeal to a court of law ; and, in spite of
its catholic archbishop, there was at last an asy-
lum established in the town of Tuam, wherein
several hundred persons might at all times find food
and shelter. Then came the extension of the poor
law last year, and the concession of the right, when
the workhouse is full, to outdoor relief. But for this
increased rates must be struck and levied. Has this
been done? And if not, wherefore? The annual rated
value of the property in the union of Tuam is returned
at 86,2361. On the Ist November last how much do
our readers suppose was in hand to meet the demands
of the winter ? Not one shilling. And how much
do they suppose was due and owing on account
of uncollected rate ? No less a sum than 4,7101. We
ask Dr. MACHALE what influence has he used, whether
by admonition or example, to induce the recusant
rate-payers of his own immediate neighbourhood to
pay their respective portions of this sum, wherewith
" the wretched hordes" that form the pretext of his
odd and rhetorical pity, might have been sheltered
aid sustained ? We ask him is it not the fact, that
slay individuals powering a competency, if not
alinence, have in the district in question neglected to
pay their rates during the last three ironths, and thus
contributed to cause that shameful spectacle of misery
without help in a Christian land, which he has pomp-
(Maly depicted?
We do not ask Archbishop .MACHALE what defence
ha can invent for these contemners of the law, and of
Obi urgent and imperative duty to their fellow-men,
tte do ask this plain question, Has he not himself
counted in their number?

BRAZILS.—The Seraphina, which has arrived at
Liverpool, has brought late are rants front the principal Bra-
zilian ports. The dates from Pernambuco extend to the 24th
December, but the letters which have been received do
not note any change in commercial affairs. The accounts
from Bahia are to the 20th of the same month. As the
usual annual holidays, which List a month, bad commenced
IT will not be easy for the general reader to die- in that city, trade was at a stand still. Exchange was
enter from the elaborate arguments of the ATTORNEY- nominal, at 27d —Rio Janeo accounts reach to the 12th
OINE.RAL and his colleagues, the progress which tie December. From this pon. the
tnevg
.1! ecTracllmtlum
mpotrhte-
-snestions arising on the application for u inandamtts aelit• leinnanely fromwas 44t6ezt .50°,.., antl. 5 p.rgmt._The
m the HAMPDEN case have made towards a solution. PriEcess Villtoria has als.o arrived at Liverpool, with late
naiad be remembered that the considerations which nows from musabms, having sailed from thence on the
principally excite public interest in the matter have 18th December. The _.....Avices are unimportant.
nothing to do with the decision of the court. The RUSSIA.—Sr. PETERsIDCRO, JAN. 11.—The arrest
zeal for prerogative is not so habitually fervent in the of the consul, Mr. J. pt, C. Pie
amander ad of
AMU a the form,meof them same
public mind that the assertion of the power of the name, and director of the Sal Co pany,
much l,
and ultra rise to a variety a sat
ca
would actively excite its sympathies, if there mmisee, Everything in his offi,e has Im en put under seal. It
Was not involved in the discussion a conflict between is said that these measures hat,.. been taken under command
a popular and an unpopular religious patty. If a of the supreme authority. .