The Express.
London, England, 1848-02-01 00:00:00

Rome." The led section took away all preesatation ,
Reme, sad all payouts of every kind whatsoever. Tim
far every word se the set was directed ageing Home The
4th Nestle began the positive pewits's—the lest al whisk
was the hare, seder the great soli to Preload to
ea aketioa. The ward " aleatisa " wee there used
as a louvre form. No form was program& Rory-
thiag was to be done as bedlam Mope *et them was
added the letter admive—thereepam wed withal speed aad
taloa', sad bides fkauLlegiesimilestsmeathe eased mad Woe
Other. Neeseeffillesehea wee die whole
Staid', sod the grown themes were eilireneursleseismi that
acme woo neseseuyto be meatiews& Owe at the learned
mussel met the difficulty of othesical iiseeikagnee by attri-
buting to the mown, as supreme head of the shame, the dia.
pealing power a the Pope, and that the letter missive was
so effectso Otero se of that power. That was a doctrine
against which he (Mr. Justice Coleridge), as a member of
the English catholic church, must protest. By the sth Rec-
tos all the same ceremonies were to be used u before, with-
out procuring any authority from Rome—theme hbishop of
the province being directed to procewith all
" speei and celerity," to the consecration, no as not
to allow any impediment from Rome to arrive.
The statute then returned to the elective mission, end
declared that the election should stand good to all intents
sad purposes, and that should be taken as the election to
the see. 110 felt the weight of these provisions, but he coa-
oived they were made with the great object that, so far as
the electors were concerned, there should be no impediment
to the proceeding. Their act was good, and the party thou
bourne elected without aid from the Pope. It thee pro-
vided that the crown should signify the election to the
archbishop, and require him to confirm it the words
...speed and celerity" being omitted. Upon that sectioa
the question turned : the archbishop was directed to me-
tres, and no description was given of the way in which he
was to " invest and consecrate." If asked how, the answer
would be, "as you did before the act passed.". If asked
what were the legiti•mate effects, and what his functions, the
answer would be, " the same as before." The order of eco-
secreting bishops now and at the time of Edward VI. wee
not a whit more stringent than that of the Homes
catholic church. Under these circumstances, he did
not think it possible that the bishop could be
sounders& as proceeding. merely ministerially. The
statute of Henry VIII., involving the punishment of
promunire for the offences therein specified, had been styled
during the argument before the court, "The Marna Charts
of Tyranncony,' but it was not in his opinion susceptible of so
harsh a sction as the learned oounsel had put upon it.
There were many offences of a much lighter character that
formerly rendered thou convicted of them liable to the
penalty of pramunire, such, for instance as larcenies, rob-
boies • and, as wee observable during the time of the'Sontb-
See scheme, even frauds were rendered liable to be so
punished. In the cue under conaideration, the h
statutes
isommanded the highendignitaries and officers of the church
to assume the office of judges, under a penalty of a very
severe and searching nature, and yet it was to be construed
as telling them that what they were called upon to do was
a mere mockery and a shadow. The worst, if worse
than this could be, was that by the same construction the
statute comp ?lied the !archbishop to call in to his aid other
bishops in order to proceed to the consecration of the person
confirmed under such circumstances. Notwithstanding he
might, for ought they knew to the contrary, be
en infidel, a Jew, or a heretic. It moreover
bade and enjoined the ofthiating bishops to proceed
to this ceremony under the form of prayer and to
administer rites in which it was possible the recipient did
mot believe, and all this was to be done under the penalty of
apremsosire. The consolation which he felt under these
circumstances was that he (the judge) did not believe, nor
should he entertain that belief until he had been told so by
the highest legal authority, that there existed any such law as
bed been insisted was extant in the statute 25 henry
VIII. He did not believe that there could have
been found in any age a body of lords and coo.
mons who would consent to pass such a law. He
did not believe, that during so many ages as had
since the period of the Reformation, there could
r:been found a series of holy men who would consent to
ley such a bur:hen on their souls as the construction pat
upon the statute would do. Nor did be believe that
Henry VIII. himself, arbitrary as he was, ever
untemplated the assumption of such a power as
Was now claimed for him by those ;who bad coe-
'trued this act. That monarch was a firm champion of the
spiritual rights of the church, and it was well known that be
glori din his title of " Defender of the Faith." As regarded
the nominations of bishops in the colonies and in Ireland,
the argumer.ts that bad been raised upon them
were, in his opinion, inapplicable to the pre-
sent case. Those sees were created by the
beeexrcise
et the royal prerogative. The archbishop could not com-
pelled to consult, colonial or Irish bishope ; he was at
liberty to act in the matter according to the dictates of his
judgment' and of his conscience • nor could the legal con-
dition ef the colonial or Irish churches be pressed into the
argument in the present case. Another of the arguments
which had been urged on the consideration of the court, was
that which referred to the ancient mode of proceeding
in confirmation, and a question had been raised as to whether
the same form was observed now as had existed prior to the
Reformation. But the dilemma presented itself as to whe-
ther the construction put upon the statute 25 Henry VIII.,
relative to confirmation by the opposite arguments placed
the rite of confirmation on the old eve he new ground claimed
for it. If the former argument priled, what sanction did
not antiquity and the practice of the church in early ages
give to the interpretation put upon the rite
by rendering the proceeding a judicial one. If the sew
sonstruction— namely, that the act of confirmation was
ministerial, was admitted to be a true one—wan there ever
seen such a spectacle as that of archbishops and bishops
taking part in a ceremony which was such a mockery.
It was universally admitted that, by the superior
courts of law, the rights of the people were most
effectually asserted ; and if, therefore, he found that,
during a period of 300 years, the proceeding of confirmation
was judicial, wherein witnesses were cited to appear, then
be considered the archbishop or his deputy was bound to
proceed and give a hearing to such persons as did present
themselves. lie could not, considering all the circumstances
to which he hail so imperfectly referred, express any other
opinion than that it seemed to him the rule for a mandamus
ought to he made absolute.
(The judgment concluded in Seeped Edition.)

LOSS OF THE SCREW STEAMER ARAM AND
FIVE OF HER CREW.
On Sunday, by the arrival at Liverpool of the packet-
ship Susquehanna, Capt. Dunlevv, from Philadelphia, intelli-
gence was received of a serious collision between that ship and
hate auxiliary-screw steamer Aram, Capt. Easterby, by which
the latter vessel was so seriously damaged that she sunk, and
six of her crew were drowned. The disaster occurred yes-
terday evening week, at seven o'clock, off the south-east
toast of Ireland, about forty miles below Tuskar. The ship,
which for same days previously had been contending with
strong cut winds, was at the time of the collision standing
to the northward, close-hauled, with the wiud about
R.N.E., and the weather being very cloudy prevented
the steamer from being seen till they were in close contact.
After the weasels got clear of each other, Captain Enderby,
of the Aram, finding his vessel in a very dangerous state,
ordered the boats to be got out, when seventeen persons
including himself and the first and second mates, gut into
them, and were shortly afterwards taken on board the Sus-
quehanna. It was then found that six of the crew were
seining. Every effort was made by Capt. Dunlevy in search-
ing for them, and, after lying to near the spot till daylight
next morning, no trace of the vessel or the poor fellows, who
might have floated on spars, being visible, the ship bore
away for this pert. The Aram left the Mersey on Saturday
week, bound for Malta and Constantinople. to which ports
she was a regular trader. She was a superior vessel, rigged
es a three-masted schooner, with auxiliary steam power, on
the screw plan, and only arrived from the Clyde 16 days ago,
where she had been receiving new machinery. The names
of the crew who have been lost are as follows: Mr. Living-
stone, chief engineer; Mr. Hardy, second engineer; Robt.
Logan, fireman ; J. Selsby, seaman ; Lewis, ditto; I.
Quin, engineer's boy.
Captain Easterby has addressed to the owner of the Aram
the following letter, which gives full particulars of the
disaster :
On beard the Susquehanna, Jan. 25, ISlS.—Dear Sir,—l have to
perform the di•tresting duty of annouraiing to you the total loss of the
screw-steamer tram, under my command, on the night of Sunday,
the 2-tot Ind. about fifty miles S.W. of the Tuekar. Haying, as you
are aware, left the Bell Buoy about two p.m. on the previous day, the
Sherries were eased at seven, and, during the remainder of the
night, we encountered strong southerly and south-east gales, with
sleet and rain, and passed the Tuskar at two p.m., the wind veering
to the (utward ; I then shaped a S.W. by W. course, and at four
p.m. !having then kept the deck from the time of our departure), I
went below for a few hours' rest. At about seven
p.m. I was awakened by • comb and a cry that a ship was
ito us; springing on deck found that we had been struck
forwan rd by a large veswel, which was then swinging along-
side, smashing the larboard quarter boat, and doing other damage.
Both vessels roan after swung clear of each other. I now ordered
the sails (foresail sad topsail) to taken m, and the carpenter to ex-
amine the damage forward. Ile reported that the berths were
smashed in, and the water standing above the steerage deck. I bad
ordered the engines to be stopped, but the engineer informing me
that the water was rising above the plates of the engine-room, and
that he thought the tftl-Ooella bad started, the engines were therefore
kept going, and the injection taken from the bilge. The smaller en-
gine was also set on to work the pumps. Finding the water ill
ra-
pidly rockets and blue lights were fired aa signals to the atop,
and I directed the two remaining boats to be cleared away, giving
charge of the jolly boat to the chief ofllcerand his watch, the lift-bait
to the second officer and his watch, with directions to the engineers and
firemen to be prepared to get into the latter. I then ordered the
small binnacle into the lifeboat, and a commits, into the jolly-boat, with
meted s, into each, giving each officer blue lights, rockets,
matches, he. Fng the water rising rapidly in the engine-room,
it having risen above the furnaces and drowned out the bre., I gave
directions to lower the koala below the gunwales, and for all barrels to
prepare to quit the ship. The thief mate quitted with eleven persons in
the jolly-boat, but the men who were stationed to the starboard fall
having left them I believe to get some clothed, tomepersoni let them
go, without order*, and the foremost tackle unhooked. The painter,
at the tone, parted, end the boot swung to the after tackle, which also
unhooked, nut the second mate held on to it. I directed several who
were about me to jump in. The second mute could hold on no longer.
Seeing this, :Ind thinking all hands were in the 'mate, I eprang into
her from the starboard quarter when three persons rushed on to the
poop, rue of whom an, I think, Mr. Livingstone, the chief
engineer. I teckimed and called them to follow, but they appeared
paralyzed. The oars were got out, the only two that were available
the
,
and every endeavour made to regain the ship ; but, owing to
cross sea, and to the heaviness of the boat, she was llDMlDageable.
and a sea breaking on board nearly filled her. A short time after,
falling in with the jolly-boat, in a sinking date, we took five hands
Met of her to lighten her, and again endeavoured tentegain the vessel,
thine on board bunting blue liens and rockets. We then lost Winn
of her light. The ship's lights were now seen to windward, and I
therefore determined to pull towards her to get the people out of the
boat, and assistance to return in search of the vemeL At about half-
pW eight we got alongside the American ship Susquehanna,
laptain Ihints7. the lolly-beat having been picked up about
fifteenminute. before, and, getting the people out of the
boat, bore down towards what the captain supposed to
he a light, but, if he saw it, it immediately disappeared,
and was DO more seen. •The ship was shortly afterwards hove-to fee
tbe remain& r of the night, and short tacks made during the follow.
deb but no spars or vestige of my i It-fatedship were ems, except