The Express.
London, England, 1858-11-24 00:00:00

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TO CORRESPONDINTS.
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LONDON, WEDNESDAY, Nov. 24.

Tits Rev. ALFRED Pools has obtained from the
Court of Queen's Bench a role, calling on the Arch-
bishop of CANTERECRT to show cause why a Map
dimos should not issue, commanding him to make
inquiry into the matter of Mr. PooLea appeal, to
hear the said appeal, and decide on the merits
thereof. In less technical language, the Court of
Queen's Bench has consented to allow the point to
be solemnly argued, whether the ARCHBISHOP MScr
has not legally and properly entertained the appeal
which Mr. Pools presented* his Grace against the
decision of the Bishop of presented*
The case when
stripped of all irrelevancies and reduced to its strict
legal bearings, appears to lie in a sufficiently narrow
compel. It turns on certain admitted facts and on
the construction of two clauses (the 98th and 111th)
of the lffinralities and Clergy Residence Act of 1838
(the 1 and 2 Vic., c. 108).
The facts necessary to the elucidation of the owe
may be very briefly recapitulated. In the course of
last March the Ron. and Rev. F. Beam; commu-
nicated to the Bishop of LONDON certain statements,
with the nature of which we are all sufficiently,
and more than sufficiently, familiar, touching
the practice of confeesion at Bt. Barnabu, ae
carried on by Mr. Foote. Immediately on the
receipt of this communication the BISHOP wrote
to Mr. Pools informing him of the nature of the
complaint made, intimating the necessity of an in-
vestigation, and requesting an early calL Mr. POOLE
called accordingly, and the complaint was commu-
nicated to him. This informal interview was
speedily followed by others, and also by written

communications, to which it is needle's to advert, I
until, on the 18th of May last, the BISHOP issued a
formal citation, in which Mr. POOLE had the option
given him of showing cause in person, within four
days from that time, why his license should not be
revoked, unless he preferred, before the expiration
of the four days, " to show cause in writing." Mr-
Poou., as most of our readers will recollect, pre-
ferred to justify himself in writing, and, on the 21st
of May, sent to the Btsaoe a written statement
containing, it is f►ir to pregame, the best explanation
that he could offer in explanation or denial of the
Impated offence. Upon that letter the BISHOP pro-
ceeded, and not being satisfied with the defence
or explanation set up, revoked Mr. PooLs'e
license. This was on the 25th of May. Mr.
Foots in doe course appealed to the ARCHBISHOP
against this decision. He gave the required secu-
rity for costs, and submitted a petition in
which he prayed his Grace to appoint •
time for hesring the appeal, to sit judi-
cially for the purpose, and to allow the presence of
counsel and the vied voce examination of
witnesses. To the prayer of this petition no atten-
tion was paid : the Ananeftor, on inquiring into
the matter of the appeal, proceeded upon the mate-
rials which were before him in the shape of
the original charge, the subsequent corn,
"'pendent*, Mr. Pooee's written defence, and
the BISHOP'S revocation of the Bemuse. The
ARCHBISHOP, acting upon these materials, came to
the conclusion that the judgment of the BISHOP was
erfectly correct, sod accordingly, dismissing the
appeal, confirmed the revocation of the license.
The counsel for Mr. POOLE contended yesterday that
the Aacnnisnor in thus acting had, in point of fact,
not heard the appeal at all, sad in point of law had
pronenaced no decision, inasmuch as the appellant
had had no opportunity of being heard.
Now, whether this be so or not appears, u already
Intimated, to turn upon the true construction of two
clauses in the Act of 1 and 2 Vie., c. 108—the 90th
and the 111th. The first of there two clauses—the
98th—is that which regulates the Bishop's power to
revoke the license and remove the curate, subject to
an appeal to the Archbishop ; it provides " that
" the bishop shall have power, after having given
" to the curate sufficient opportunity of show-
" ing meson to the contrary, to revoke sionnwseily
and without further process any license granted to
" any earate, and to remove such curate for any
cause whieh shall appear to neeh bishop to be good
▪ and reasonable : provided always that any carats
" may, within one month after service upon him of
" each revocation, appeal to the Archbishop of the
" province, who shall confirm or annul such revoca-
" Lion, as to him shall seem just and proper." Such
are the very words of the clause under which the
Bishop acts, in revoking licenses and removing
curates. There is no prescribed form of pro-
cedure ; the only condition precedent to the
exercise of the Bishop's power is that,
before proceeding to revoke the license, he
" shall have given the curate sufficient opportunity
"of showing reason to the contrary;" if he has
done this, then the power of revocation and removal
may he brought into play at once, "summarily and
" without further process." Ou this part of the
case, then, the only question would appear to be,
whether the Bishop of LONDON gave Mr. POOLE
.4 sufficient opportunity of showing reason to the
" contrary " before he revoked his license. Tea
answer seems abundantly clear. The BISHOP
gave Mr. Pane that "opportunity of showing
" reason to the contrary" which Mr. POOLE
himself chose. Had he elected to do so, he "eight
have appeared before the Blenor in person : he
preferred to make his defence in writing.
The proposition is, of course, too clear for argument,
that BO man can complain of not having bad suffi-
cient opportunity of defending himself, when he has

I had that precise opportunity which he has himself
selected in preference to any other.

Indeed, it does not appear that much reliance was
placed on the objection that there had not been a
sufficient hearing before torus Rislwp ; the main con-
tention was that the appeal had not been properly
heard before the Archbishop. In order to appre-
ciate the form of this argument, it is neonsary
to turn to the 111 th clause of the Act. That
clause, after providing that the appellant, if required,
shall give security fee onto, proceeds to enact " that
" after such security, if required, shall have been
• ghee, the said Archbishop shall forthwith, either
"by himself or by some oomminioner or commis-
" slaws appointed under his hand from among the
" ether Bishops of his province, make or rause to be
ti made inquiry into the matter complained of, and
" ahall,aftersuch inquiry, and in the latter case after
" a report in writing from his said 00111ZIDSSIORST or
eceeraissionent give his decision on such lip-
" peal in writing under his own hand :"
the clause farther provides that when the
Archbishop "shall dead, the merits of the
" appeal," either against or in favour of the
appellant, he shall award oasts accordingly. Now,
it will be observed, that in this clause, as in the
98th, no kind of specific or formal procedure is
directed. As the ARCHBISHOP did not appoint
commissioners, bat acted in the matter him-
self, all the words introduced into the clause with
reference to a proceeding by commissioners must be
discarded. This being done, what is the bare text
of the law? Simply this—that the ARCHBISHOP is
directed, on security for costs being give;
" forthwith to make inquiry into the matter
" complained of." That is really all : the
letter of the law gives no other direction :
I not a word about the mode in which the
inquiry im to be conducted ; nothing to fetter the
absolute discretion of the Archiepiscopal mind.
Well, then, how stood the case? There was Mr.
BARING'S complaint ; the correspondence that en-
sued ; Mr. Pootx's letter to the BISHOP, showing
awe splint the revocation of his license ; the
Manor's answer ; the formal act of revocation ;
sad Mr. POOLE'S notice of appeal against the
BISHOP'S decision. These were the materials
before the Atcnursnor. The "matter can-
plained of " was the incorrectness of the BISHOP'S
decision on the evidence laid before him. This was
what the ARCHBISHOP had to inquire into—this, and
nothing else. lie was not to go into new evidence;
that is never the province of an appellate tri- ,
banal. The single point before an appellate
tribunal is this : has or has not the in-
ferior tribunal pronoluioed a wrong judgment on
the materials brought before it ? In this case the
question was, Did the Bishop of LONDON give Mr.
Pont, sufficient opportunity of showing canes
against the revocation of the license ; and did he
revoke that license on good and reasonable
grounds ? To this the ARCHBISHOP confined
himself : this was the matter to which
he limited his inquiry. It is contended by
Mr. PooLes advisers that the ARCHBISHOP ought
to lave gone further than this—that he ought
to have instituted an altogether new inquiry,
and proceeded, as prayed in Mr. PooLE's petition,
is investigate the whole matter afresh in a judicial
sitting, after hearing counsel and witnesses on both
Rides. This is the point which the Court of Queen's
Bench has put in train for being further argued.
It is a point which it will probably be exceedingly
difficult for the most practised ingenuity to esta-
blish in face of the admitted facts of the case and
the discreet ambiguity of the Statute Law.

TIM General Meeting of Shipowners in London
is announced for the 15th proximo, and they
are to take into consideration " the present ruinous
" oondition of the Shipping Interest," which, so far
es we can, we shall help them to elucidate. If they
will only be frank they will be able on this subject to
give the public very correct information without any
assistance. We admit that of all the great in-
terests of the Empire the shipowning interest
is at present amongst the least prosperous. The
records of the Court of Bankruptcy have made
us acquainted with this fact. Not very long ago a
shipowner of Liverpool, by the name of OLIVER,
was brought too prominently under public notice
by enormous speculation in shipping for the public
to forget him. He had made himself the
nominal owner of many thousand tons of shipping,
but they were pledged and mortgaged to a vast
amount, and when it became necessary on the part
of his creditors to wind up his affiirs, the valise of
his ships—though this was before there wee any de.
i cleosion in trade, and while there was a prodigious
demand for shipping—was found to be enormously
over-estimated. His suspension led to the suspen-
sion of other persons connected with the shipping
interest, and disclosed a scheme of gigantic trading
on credit, money being borrowed by mortgaging
skips before they were well purchased, such as had
rarely if ever before infected this once substantial
and sound business. Since the memorable ems of
Mr. Ouven, the case of Mr. HUMPIINIT
BROWN, and the case of Mr. WALTON, both con-
nected with shipping and both connected with the
Royal British Bank, have further made the peculiar
condition of some shipowners known to the public,
land have already convinced it of the existence of that
ruinous state of things which the shipowners are to
take into consideration. The public need not to be
inilsrmed of the fact, nor is it, from such examples,
without a tolerably clear conviction of the manner
is which it has been brought about. To make it
perfectly clear, it is only necessary for the ship-
, owners to inform the public how much of their pro-
perty has been mortgaged, perhaps even beyond its
present value, to enable them to acquire more ships
—how much of the 818,250 tons of shipping built in
the last three years was built on credit and
remains to be paid for—and what is the de-
preciation in the value of shipping occasioned
by the combined effects of such a large addition
to the *apply, and such a large falling off in the
demand as ensued from the collapse of speculative
trade in 1857. Before the pablie can be expected to
aequiesce in demands for new restrictive laws on
behalf of shipowners, it is entitled to have all this
information laid before it, and if the shipowners
will only be candid on these subjects we will
promise them at least the commiseration of the
public.

At the Shields meeting Mr. LIDDELL suggested to
the shipowners that their distmes was mainly canoed
by the eagerness with which every owner of one
ship, in eonseqsenee of the inoreased demand for
shipping, had hastened to build another. He be-
lieved that " mortgaged ships" and " hypothecated
"cargoes" showed on what unsound principles ship-
owners had acted. Like the landlords net long ago,
they have grasped after so large a quantity of the
instruments of gain, that they have left themselves
without floating capital, and are hampered with
debts. They would be more effectually relieved
accordingly by an Encumbered Shipping Act, thea
by imposing a tax on the consumer. This latter,
however, as was Intimated by another speaker at that
meeting, is what the shipowners really aim at,
alleging in excuse of their modest wish, that the
amount of tax would be so trilling as not to be felt

by the individual consumer. This argument is exactly
that of the landlords who counted up all the loaves
made from a quarter of wheat and demonstrated
that each consumer only paid • sm. frooden of a
farthing an a lod, ami could not Ild a tax which
gave vitality and prapperity to our egrioulture. Hew
much that little fractfon of a farthieg on each men's
loaf diminished the national Weihre nobody ought
now to know better than the shipotner, and yet he
would repeat the injustice which, meaning only to
enrich a thoughtless class, gave a deadly blow to the
general prosperity.
Between the actual existence of "a ninons condi-
" tion of the shipping interest," and the " unfair
.1 and injurious position in which the British ship-
" owner is placed from foreign States not having re-
ciprocated the benefits to which their navigation
" has been admitted by the repeal of the Nay*-
" lion Laws "—though united in one sentence in the
proposition which the shipowners are to
take into consideration—the public does not
see a very close connexion. All the injury that
can possibly have accrued to the shipowners by the
want of the reciprocity, is • participation in the
coasting and other trade of the non-reciprocating
countries. How very email would be the advantage
they would gain by the coasting trade, we pointed oat
on the 11th inst., and were pleased to see our view
confirmed, and by more elaborate statistics, in the
Economist. of the 13th. Nor can we believe—in
spite of Mr. Gesennow's assertion to the contrary,
that our shipping troffers much from the want of
reciprocity with France in the foreign trade,
when we know that the bulk of the passenger and
goods traffic between London and Liverpool on the
one hand, and Calais, Boulogne, and Havre on the
other, is carried on by English vessels, while he has
informed us that one coals are carried to France in
our own ships. Whatever may be the amount of
this disadvantage, it has existed as to foreign
trade since 1849, and as to the coasting trade
since 1833 ; and when we now bear complaints aris-
ing for the first time after an enormous increase
in our shipping in every year since 1849, and
after a collapse in speculative fret's, we can only
suspect that the want of reciprocity is put forward
by the shipowners to hide their own want of prudence.
We cannot, therefore, promise the shipping interest
any public support for its project to get an increased
share of the trade of other countries, by excluding
foreign shipping from our own trade. Already
trade abroad, like trade at home, has, in proportion,l
more ships than goods ; freights are as low compa-
ratively at New York—half the usual sum for a
barrel of flour—as they are at Calcutta; and any
renewed restrictions here similar to those which
exist abroad can only lessen trade and lessen the
employment of ships, to the further injury of the
shipping interest.

Since the abolition of restrictions on our trade, it
has been wonderfully enlarged. But the trade of
Austria and Spain, as we showed the other day, has
enlarged, proportionably, more and faster than our
own trade. This is the case too with the trade of some
other ooantries. The abolition of restriction here
actually enlarged trade abroad. Very few or none
of our merchants will be foolish enough to ask be
the re-enactment of restrictions and high tariffs hare,
because the trade of Auitria and Spain has in-
messed more than our own trade, while restriction
and high tariffs are not got rid of in those
coantriea They are obviously impediments to still
more rapid improvements, and this characteristic
would not be changed by their being imposed here.
Oar shipovrnere—unlike our merchants—because
the enlargement of general trade has increased
the quantity of foreign shipping in our porta, would
re-enact impediments to trade. Calling their selfish-
ness a " patriotic mad comprehensive view," they go
so far, at least Mr. Onsritetow did in their name
and in our columns on the lath instant, as to praise
the sagacity of the French Enwenos in opening the
trade in grain when it was required for the wants
of France, and shutting it when those wants are sup-
plied. They prefer, therefore, that trade should be
regulated by an individual despot to leaving it free.
They like the old ministerial or parliamentary
discretion of opening the ports when crops are
short, and closing them when harvests are plentiful.
They would rather have uncertainty and arbitrary
power for the whole trade of the country than cer-
tainty and the regular laws of supply and demand.
We willingly admit that the shipping interest
though subservient to the still greater and more ge-
neral interest of interchange, is essential to the well
being of society and the safety of the country ; we
would willingly urge the publics, therefore, to assist
the shipping interest in getting rid of all fiscal and
other impediments to its success; but the moral in-
terests of freedom are greater and more important
than even shipping or interchange ; and we can
only laugh to scorn the men who in the name of
patriotism would subject the whole business of
society to " the sagacity " of an irresponsible Ruler.

It is not true that Lord Napier, Minister to the
United States, has been in any way eetunired or super-
seded by his government. The feet, we understand, is
that his lordship has been promoted Minister Pleni-
potentiary to the Court of Berlin.

(mom tare moires assires.)
WINDSOR CASTLE, Nov. it.—Her Mllety the
Gum bee beam plasma te epeeist Colonel lb, Robot
Enos to be governor lo Royal the Prime of
Webs. To be Equerries to The Royinitrighassa—Brevet-
biter Robert James Lisbey, Boots Fusilier Navas; Brevet-
byes Merles Ctulatepher Teesdale, C. 8., Royal Arll=
Captain George Hoary Grey, Me Brigetk.
Hrta iserry—Theloaunt Vallikort, Captain is the Cessna
&gars Militi
WHITEHALL, Nov. 20.—Tbe Queen bee been
phsied to vadat Eared* Weddiaitcs, Req., to be ate of
Wseelanlmre be lir purpose el the " bet to asks
fi yam provides be the Good Govesseas sod lobsolam
at tan trainuesty of Capsbeidget ea the pelisses thereim, sett
of Gs I. at Mem," Is the toes of
Dv. 02sice aacc=mgray, dearsea.
Foerdox-orrlcs, Nov. 20.—The Queen bee been
pleased to approve at Br. Garay* Hon as Cased at M-
ast for hie Malmo, the /Vag of the Belgians.
Down wo-erszier, Nov. 20.—The Queen has
been pleased to appoint Jena Mireek 1092 _
_to bo President
of the al be Tots est Gabon bereas • Antonio
Bathe, Bea., le be as smelEskl =saber of elm Szoninee
Ceased at Om edlissible lireewur ; Wel*
Bey, to be • .raft=lhe Ittissailre Coma et Be liimM
of Orsuedot; blwast has Obake, B. le Is samba, at
Um Conned of the bind d b. Views*: Hees7
Cherie. Bird. to be a smsober et be Latlebehe Oeuecil of
the Lamed of Ceylon ; Odessa Camp Mies, ILA.,
to be • member at UN Ossuall et tie lased of Bt. Helena.

TUE OLD LOciiitow GehMeote.--Yeeterday
evening the walvereary the'vellet of the beleaguered dry of
Looknow, by Gomel aweleak, wee esherelal by the
•Reviviag allegro of the genteel' by a burps* la the Pink
Reels at the Leaden Tawny Owe" were WI hr *Mi-
l& The !mew *Win ben ibe Minas eased=
eesupled the mew era Wag Be Men et leiervels, were
ernagel 11111 IniqUlP OMNI dna asp, ea the Louie Qutme
toentalus, with several ewe reader el ve BMW period.
The dude was taken by lisier-Gewaid err S. lees, K.C.8.,
supported by Majors a.. P. hail/I" Boileau, LIIIITICION
Penter, mud Dewing; Catania brow, listelasr, Water-
way lad Itegghte,

Ma. 111WiTliT,41.P.—We aationtaad that a am-
ormiaallia halm ansivel Inn Kr. t is Ow dim
Anion he So palkiifti km eviipsiortlai as alio
net am* wft dr whirs et the esamilis• la
qua ea th
to ea Mk of a mhils
....hoi• W
Soh ass Maltosksaisr Ilea
wit o lop Dela drib arime-
voi ihie woials is 10ffieir he ail le able to
owsigsh• •
mraft hi likbargli era QM ashi—Ziiii-
borgh dor.