The Express.
London, England, 1848-02-07 00:00:00

IRELAND.

-
Drams, FEB 5.
ALTAR DENUNCIATIONS REBUKED BY THE
PROPAGANDA. _ .

The annexed is ii;etrax--7siiiiion of an important
rescript from the College de Propaganda Fide at
Rome, condemnatory of altar denunciations. It is
addressed by the Holy See "to some, if not all, of
the catholic prelates of Ireland:"
Most Illustrious and Reverend Lord,—The reports now
for some months circulated by the English newspapers, con-
cerning the political party strifes in which some ecclesiastics
have allowed themselves to he carried away, and the dese-
cration made of some o: the Irish churches, for the purpose
of aidin. and promoting secular concerns—nay, more, the re-
ports which have reach, d us relative to the murders which
we are informed ure so frequent, and by reason of which the
clergy have been sti •matised, and some of them charged with
imprudence, and as giving indirt ct provocasion from the put-
at least, extenu sting the g u Ito( t heie murders—these
reports must surely awaken the solicitude of the sacred con-
gregation. This sacred coogr. gation cannot bring itself to b I
have that such reports, au extensively noised abroa 1, can be
true ; norcan it b lieve that ecclesiastics have forgotten that the
church of God should lie the house of prayer—not of secular
cescerns, or the meeting place of politicians; neither can
the sacred congregation believe that ecclesiastics rave ceased
to recollect that they are ministers of peace, dispensrs of
the mysteries of God—men who should not involve them-
selves in worldly concerns—in a word, men wbo should abhor
blood and vengeance. Nevertheless, this sacred congregas
tion deems it its duty to require satisfactory and speedy in-
formation concerning all these matters, that it may know
what importance it should attach to tha above. mentioned
darunatory reports. Wherefore, at the suggestion of his
holiness, I have deemed it my duty to forward this letter to
your lordship, praying you to satisfy this most reasonable
solicitude of the sacred congregation ; and meantime it ex-
horts you to admonish the clergy, that, seeking the things
which are of Jesus Christ, they sedulously apply themselves
to watch over the spiritual interests of the people, and in
nowise mix themselves up with worldly affairs, in order that
their ministry may not be brought into disrepute, and those
who are against them may not have wherewith to charge
them. I pray God long to preserve your lordship.—Rome,
from the Congregation of the Faith, Jan. 3, 1848.—J. PH.
CARD. FILAN6O"4I.
It is understood that Chief Justice Doherty has
declared he will not contest the university. Mr.
Napier will have the support of the anti-national
education party.. The Bishop of Cashel has declared
for him. Mr. Mac Neil, the fellow who opposed Mr.
Napier last election, will now support him ; but on
the other hand, many of the law electors of the uni-
versity will go with Judge Keating. More than 20
of Mr. Doherty's friends promised him to-day.
The peaceful halls of science should not be pro-
faned with the riots and roots of election contests. So
think the heads of our university ; and they think
wisely. A document has just been issued suggesting
such changes as will contribute to the more orderly
conduct of elections, as well as to the maintenance of
dignity and discipline in the university : first, that

there be no personal canvass within the walls;
secondly, no hustings speeches beyond the simple
nomination ; thirdly, that the candidates, like the
Queen's troops, do not appear within the 'precincts
during the election. This sensible document is sigasd
by five senior and twenty junior fellows.
The Rev. J. H. Jellett has been elected professor of
natural philosophy, in room of the late Professor
Weullagh.
Last night's Gazelle contains a proclamation offer-
ing a reward of 1001. for the discovery of the persons
who poisoned the sister and brother-in-law of the late
Rev. Mr. Maguire.

THE " CONFEDERATION " hu had another long talk.
Mr. Rots, of Bladenburg, late candidate far Mallow, sought
to interpose the brazen shield of peace and order between
the county and Mr. Mitchell's men-at.►rms and imaginary
artillery ; but " the old gentleman with the %bite head "
was saluted with loud shouts of " question," " time," and
" order." All went on tolerably well in turbulence, but
the great bomb was pitched by Mr. Fisher Murray into the
confederate camp. He told the dilettante revolutionists
some sound, sturdy truths. He demonstrated—moat un-
palatably to the quasi peace folk of the Nation—that its
ancient principles were u truculent and its tendencies as
anarchicii as the poor persecuted bantling of rebellion for
which Messrs. Mitchell and Reilly stood sponsors. Mr.
Murray differed from the whole troop of anarchist?, but in
the spirit of fair play he would not suffer palpable trickery
to strike down honesty, however criminal. This was a
thrust at Duffy. Mr. Doheny came next, brimful of" peace
and quietness." He did not understand that foolish paradox
" armed opinion "—but then, " Oh give me but my Arab
stte4:l" only give Mr. Doheny the " time and any-
thief like the circumstances," and he would realise " the
opinion of a general at the head of his columns." In such
clamourous nonsense the whole night was spent. The de-
cision will be taken on this night's debate. One good re-
sult of all this huge folly will be to open the eyes of the
country, and let in on them the light of common sense.
People see how they have been pushed to the edge of re-
bellion by the gasconades of the Nalion, and when the cause
is menaced with demolition, how coolly it turns round and
prod iims a new creed. Mr. Mitchell is not quite so mad
as you imagine. He makes a noise now to attract public at-
tention to his "united Irishmen," which he is very likely to
accornplisb. After he has succeeded in boring a hole through
the Nation, he will be just as peaceable as Mr. Duffy him-
self. The adjourned debate of the " confederates " to-day
terminated in the adoption of the " peace retolutions," though
the minority of revolt was tolerably strong. The numbers
were—for O'Brien, 344; Mitchell, ISt—majority against the
Gallowglase encampment, 12.6. So we are to have peace for
...bile, and there will be no armed allies to " repel " the
French invasion when it comes.

SCOTLAND.

EDINBURGH, FEB. 4.

Yesterday Mr. Syme delivered his valedictory lec-
tures in the Edinburgh infirmary, previous to leaving
for London. He stated that his principal reason for
accepting a clinical chair in University Hospital was
a persuasion that he would be able fully to carry out
his plans for the relief of the sick poor, and for the
instruction of the student. In concluding he touched
briefly, but pointedly, on the difficulties thrown in the
way of surgical teaching in Edinburgh.
Burke's house in the West Port here, so notorious
for its dissection murders, is now bereft of all attrac-
tion for the Ainsworth school, and its slimy hue gone,
we trust, for ever—the veritable deu being used as the
kitchen of the Victoria lodging-house. Two of these
establishments are in the West-port, and, together
with Dr. Chalmers 'd church, arc doing much good in
the locality. About thirty thousand single night's
lodgings are given in these establishments annually.
On Wednesday Nelson's monument on the Calton hill
was let for 801. los. This architectural abortion has
been used at the top for signals for shipping, and at
the bottom as a resturant. A party who was to
give astronomical exhibitions at the summit offered
601., but ginger-beer and lollypop cart ied the day.
A correspondent of the Edinburgh Adrertiser com-
plains much of the want of lighthouses in Zetland,
and ascribes many of the late shipwrecks on that
coast to the scarcity of beacons.

PROVINCIAL.
LANCASHIRE.

SUICIDE Or A PUBLIC OFFICER.—On Friday it
was diseovered that J. Forrest, Esq., Deputy-Prothonotary
of the Common Pleas of Lancahirt, had met with his death
by his own hand. The unfortunate gentleman was about
sixty vears of age, and had held the situation of Deputy.
Prothonotary for above twenty years. An inquest was held
the same day, when Mr. Dixon, surgeon, said—On Sunday
lust I attended the deceased prof esionalle, and continued to
see him twice a day from that time until last night. I ob-
served that he was subject to great depression of spirit., con-
sequent upon a deranged state of the digestive organs, and
fancied himself much worse than he really was, and c insi-
dared himself unlikely to recover. On calling at his
lodgings this morning I went un stairs to his
' bedroom. The door was closed ; I culled to him
repeatedly by name, and knocked loudly at the
1 door, hut received no answer. I feared something wrong
had occurred, and I burst open the door. Upon entering
the room I found him lying in bed, dead and cold. The
room was too dark for me to see plainly, and I raised the
window blind, and I then saw thatthe throat of the deceased
was cut. I found the case of razors had been taken from
the drawer, in his bedroom. One had been withdrawn, and
the case with the others lay on the drawers, abort five feet
from where the deceased was lying.' The bed candle had
been evidently put out early, the extinguisher being upon
the candle. In my opinion the state of the deceased's health
and his inability to attend to his business had so preyed upon
the mind of the deceased, as to have caused him to get out of I
bed, from inability to sleep, in a state of temporary insanity,
to destroy himself. V erdtct—" Temporary insanity."
ARE FARMERS' 'MANCRE HEAPS LEGALLY A
NUISANCE ?—On Taesday last an inquiry took place before
the magistrates assembled in petty kAsIMIS at Preseot, as to I
the liability of farmers to legal penalties for collecting large
masses of manure on their lands. The i iforma,ion upon
which t, e proceedings were founded was that of the board of
guardians for the Preecot Union, end it set forth that there
was an accumula,ion of offensive and noxious matter situate
on the east side of the New-road, leading from Lyiliate-lane,
in Halewood, to Wright's Farm, and also another such accu-
mulation on the east or south-rest side of Gerrat's.lane,
leading from Halewood-green to Wood-lane, in the township
of Li,tle Wootton' both of which were the property of It.
Neilson, Esq. A harrister app aced in support of the com-
plaint, and Mr. Neilson conducted his own case in person.
The learned counsel stated that he should be able to
show that Mr. Neilson's manure beeps were the greatest
possible nuisance to the neighbourhood, and, in his opi-
nion, the mere representation to Mr. Neilson that
such was the case, ought to have caused their imme-
diate removal. He proceeded to say that information had
been laid under the Nuisance Act, passed in August, 1846,
and, in this case, the board of guardians were pointed out
by the act as the proper prosecutors. Evidence would be '
given that fur a considerable time matter of an offensive
nature had been brought to the farm, consisting of fish,
offal, and carrion, which was procured by the defendant from
the persona who had the care of the markets in Liverpool.
The large heaps of putrefying matter had been placed upon
the farm, from which malaria arose of a most injurious kind.
An act had been passed for preventing such mischiefs as
were likely to accrue under such circumstances, and the
bench were called upon to interfere for the preser-
vation of the health of this most respecsable locality.
Mr. Pearson, surgeon, said the heap near Lydiate-lane
tainted the whole atmosphere around, and could be
emelt very strongly a quarter of a mile off. Inhaling it
at that distance would be likely to induce disease.
The heap consisted of putrid fish and other material., and
generated gases injurious to human life. There were two
cottages not many yards from it.—Mr. R. Itigg, surgeon,
di posed that the manure heap near Gerret's-lane was com-
posed of horse manure, oyster shells. fi.l2, and offal, and it
cove out gases which, if constantly inhaled, would be preju-
dicial to health. He could perceive the smell about a mile
off, and the heap was within twenty yards from some cot-
tages. It was within 250 yards from the high road, and
within ten yards of James Ireland's cottage.—B. Wray, a
cottager on the premises of Mr. Steer ; .1. Ireland, the owner
of five cottages at Halewood-green ; J. Gore, of Halewood,
and T. Webster, butcher, gave similar evidence to that of the
medical witnesses as to theoffensivenets of the manure heaps. I
Mr. Neilson addressed the court in his own defence. Ile I
I said he occupied rather len than 300 sans of land, which he
farmed as high as he could, and consumed generally upon it
from 2,500 tens to 3,000 tons of manure annually. He could ,
not make this quantity, and therefore he was compelled to I
purchase a certain portion, say about 1,500 tons. This he
got as cheap as he could, and about three years ago he had
entered into a contract with the market committee of Liver-
pool to take all their refuse, consisting of vegetables,
I oranges, straw, fish, &c. This he was obliged to deposit
i on his land, and he had endeavoured to keep it as free from 1
nuisan. e as possible, and he could call evidence to show
that no nuisance to certain cottages arose from it, as had
been stated. He received a respectful letter from the
board of guardians, to which he returned as respectful
an answer, and immediately gave orders to his bailiff to
Femme it, and it was carted away into the centre of a lot of
fields coverlet over 100 acres. This was the tint heap com- '
i plained of, and on receiving the medical certificate, the se- I
1 cond was removed also, agreeing to a certain extent that
such heaps might be injurious to health, but placing little 1
importance on the probability of any one asserting that a
nuisance could emanate from a manure heap placed in the
Imiddle of a farmer's fields. So far from it being injuriotu
to health, he would call the man before the court who was
in the habit of turning the manure over, and he would state
that his health was not at all affected by it, and he would
rather have that employment than any other which could be
found him upon the farm. After other observations upon
the fallacy of attributing the propagation of disease to this
cause, Mr. Neilson asked who was the real prosecutor in
this case? Who was the real Simon Pure? Not the
Board of Guardians. It was his neighbour, Mr. Steer, who
had put forward the Board of Guardians as his representa-
tives, and preseuted himself on this occasion with an array
of legal talent—one learned counsel and two attorneys—in
order to establish, what ? Why, all that had been said
only went to prove that a muck heap stank. (Laugh-
ter.) Mr. Neilson then went on to contend that this act of
parliament was only intended for the prevention of nni-

sancta in crowded plates, and districts thickly inhabited.
It never was meant to reach rural district', much less to in-
terfere with the foundation of a farmer's prosperity. When
he had entered upon his farm seven years ago, the tithe
wu only 91. lOs , while the amount of wages paid upon it
annually was lets then 1001. He had drained, thrown
down the fences, and converted three fields into ten ; and,
last year, if kis tithe had not been commuted, he should
have been liable to a charge of 971. 10s. for corn alone. In'
1 twelve sleuths, too, he had paid 9121. 10s. Cid. in labo '
wage., independent of team labour, having given regular
weekly employment to 31 people, men, women, and
chil-
dren, whose wages averaged from 4s. to 151. Mr. Steers
and Mr. Pearson might not have enjoyed their dinners so
well as formerly, their appetites might have been disturbed;
but he would ask the bench to look at the great amount of
comfort and independence which it afforded to the lets pam-
pered of the surrounding population. He concluded by
saying he should call persons to prove that they had not felt
these manure heaps any nuiiance and that they were not
aware of any sickness having arisen from the gas with which
the air was in consequence impregnated.—Jahn Robinson,
wheelwright, John Ashton, Margaret Norris, and Henry
Aspinall, were examined by the defendant to prove that
they had suffered no annoyance from living in proximil to
these manure heaps, nor had their healths been affected by
them—Mr. Blair then replied upon the whole case, taking
particular pains to show that there was nothing in the act
which excluded this ease from the jurisdiction of the court.
Ile said the object of the act, as specified in the title, was the
removal of nuisance" in any city, borough, or place, of course
trending to any place within the range of human habita-
tions. In the absence of any town council, trustees, or com-
missioners, it wu thrown upon the board of guardians to
take the initiative, as in this case. He submitted that it
was altogeher immaterial to the ease that this farming was
profitable, whether to Mr. Neilson or to those he employed;
but it was the duty of the magistrates to take care that the
health of the neighbourhood was not eadangered. Mr.
Neilson had boasted of the large quantity of manure he
used, but in his opinion that only showed the very great ex-
tent of the nuisance. He remarked though there were some
persons who had not felt the mischi:vous influence of this
malaria, yet at the same tin.e it might gradually be impair-
ing their health without their immediately perceiving
it. In conclusion, he said he would merely observe that
Mr. Neaten had in fact pleaded guilty to the charge made
against him, by having partially removed it.—Mr. Neil-
son : I did not admit that I have caused any nuisance.—
Mr. Blair: You admit it by taking it awey.—Mr Neilsen:'.
I did that out of courtesy to the certificate I received.—Mr.
Blair I wish your courtesy had extended to the other, and
I that you had removed the cause of complaint altogether.—
Mr. Neilson: Where am I to put it ?—Colonel Williams
(magistrate): The cane is now closed on both tides. The
defendant rests his argument upon the fact that he is an
improver as well as a cultivator of the land, of which he is*.
very eminent example. There is no man I know to whom
the public are under greater obligations for the system of
improvement which he has adopted, and I think iu all eases
of great improvement great allowance ought to be made;
but when thin cannot be done without causing a public
nuisance, injurious to the health of the community, then,
I I say, a power must step in to put a stop to it, whether it is
profitable to the improver or not. We must consider the
I comfort of the neighbourhood ; and, if I may be allowed to
speak for myself, living within the influence of that odour,
when I go into the atmosphere I can tell how the wind
blows—my trite rion as to the elate of the wind is the smell
which ari-es from that quarter. Whether it is injurious is
the health or not I do not think is important, but persons
are not to have their senses offended for the profit or
occupation of any other individuals whatever. The case
being closed, a question has arisen about the ,inrisdie-
lion. I am satisfied the law has provided for this case,
and if it had not it ought to have provided, for the
health and comfort of village in, as well as of those living
in crowded towns. This neighbourhood is becoming
more populous, and I do not ace that its health should
he invaded by the operations of a great improver.—
Mr. Taylor suggested that they (the magistrates) should
take the opinion of Mr. Cream, their legal adviser, as to whe-
ther the term " place " in the act would apply to this nui-
sance.--Mr. Cross said he was of opinion, on the quertion of
law, that the bench had no right to mike any order. The
words in the statute were "town, city, borough, or pla:e,"
end it had been decided that a term, such as " place," fol-
lowing any specific words, could only be applied in connexion
with the preceding words. It had been decided in the
Court of Queen's Bench, in a description of the classes of in.
dieilluals affected by the Masters and Servants Acts, that
the term "all other persons " meant pereons of the same de-
scription as those before particalainied. Adopting the same
kind of construction, the term " place " must mean some
place similar to " town, borough, city," the words prece-
ding.—The bench then decided by a majority of three to one
(Colonel William) that they had no jurisdiction, and dim-
mi-sed the information.