The Northern Daily Times.
Liverpool, Merseyside, England, 1856-07-02 00:00:00

THE NORTHERN TIMES.---LIVERPOOL, WEDNESDAY.

as a censure on the Government, and challenged a deci-

sion on that issue.

After a few words from Mr. JonN MACGREGOR, the
House divided, when the numbers were--

For the resolution

tinst it

Majority for the Government 194
The remaining business on the paper was postponed,
,nd the House adjourned at half-past one o'clock.

IMPORTANT TO SHIPOWNERS

On Mon

tha following important case came on before
Wood.:-_

;ce•Chaocellor,

Sir W. Pig

THE AFRICAN STEA

SHIP COMPANY V. SWANZY

The chief

n the question of costs, this being

the first case which hsd come

the Court of Chancery

under the Merchant S

Act, 1854

The plaintiffs

runner aieam-ship, which was

her voy

)m the Coast of Africa by striking
h her cargo, was wholly lost, and

crew perishe

dan,, Sv

zy, was owner of a part of the cargo, and had
mount in the Court of Com-
also been brought by the

mon Pleas

aof the passengers, to recover the
perty which had been lost with the

s thereupo

the provisions of the Act (I
value of the ship and frei2l9

instituted this suit, under
604, 514) to have the
wined, directions given

cliim agai

ning the persons who had any
pect of the loss of the ship, tc

persons;

e actions at

extent of the value of

insufficiency to Einswer all the

The e4se has been before the

court en interlocutory applications, and amongst other things
an order had been made for the payment into court of the
value of the ship and cargo, such value to be verified by the
affidavit of the managing director. This value was ultimo.
tely ascertained by arbitration at 5,9001., which sum had
accordingly been paid in. The case now come on for hear-
ing, and the contention arose as to whether the claimants
were entitled to interest on their claims from the time of
that order being pronounced, and also as to whether the
plaintiffs should pay the costs of the suit, it being contended
on the one hand that it was fair they should do so, the act
having clearly been passed for the benefit of parties
damaged, whereas the defendants contended that it was
Dossed to benefit shipowners, by enabling them to come
into this court and thus limit tha number of actions which
might be brought against them at law ; and the provisions
of the new act, which were in some respects different from
those of the former acts, sufficiently shewed that the inten-
tion of the legislature was to give a discretion to the court
on the question of costs.
The Vice-Chancellor, after observing that the whole
question seemed really to be in whose aid this act had
been passed, said that the 514th section showed that it
was intended as a boon to the shipowner, by giving
him the opportunity of applying to this court to settle
the claims of the various parties by whom he might
otherwise be proceeded against in a court of law. Any
claimant obtaining his right at law would have done so
free from expense, even in cases where the matter was
disputed; and, looking to this, and to the discretion given
to the court by the act, his honour decided that the
plaintiffs, having taken advantage of its provisions, were
bound to pay the costs of the suit and of the other
actions, though that would not be the rule as to any costs
occasioned by litigation between adverse claimants, which
did not here seem to have been the case. As to the
question of interest, the court had no power to give it
unless sanctioned by the act, and it could not b 3 contended
that the mere order to pry the money into court could
operate as a judgment. The order was in the nature of
security, and not of liquidated damage, and, therefore
there was in reality no sum which could carry interest.

FREE DISCUSSION versus INTOLERANCE

TO THE EDITOR OF THE NORTHERN TIMES,

Sir,—ln your paper of Saturday appears another letter
from "Verax." In it be puts two wiestions to Mr. Lowe.

Ist. As to the grounds of his supposition that Mr.
Macnaught understands by the " Comforter" the spiritual

meaning of the Gospel." 2nd. (So far as I can understand it)
How Mr. Lowe could venture, in opposition to Bishop Hind,
to call "the spirit of the truth" an uncritical translation,
or conceive that such change and Mr. M.'s explanation of it,
"the Spirit of Christ's revelation," tended to overthrow the
doctrine of the Personality of the Comforter ?

Now, whether Mr.' Macnaught had any object at all in
changing the translation and adding a paraphrase—whether
in substituting for the abstract and general expression,
" truth," the particular and definite one, " the truth," and
explaining this to mean the rev,lztion or Gospel of Christ,
he left himself open to the inference to which Mr. Lowe
seems to have come, that he conceived the " Comforter " to
signify " the spiritual meaning of the Gospel," and thereby
was in danger of overthrowing the doctrine of the Person-
ality of the Holy Ghost—l shall not pretend to determine.
He does not say what his object was, but he does object to
the inference drawn by Mr. Lowe. I feel bound to believe,
then, that he did not contemplate the result at which the
reviewer arrived ; but I must say, that no one acquainted
with the method of handling such texts adopted by Socinian

and Garman rationalistic divines can feel astonished at the
conclusion to which Mr. Lowe came.

But, sir, I do wonder that " Verax" should again come
forward, making such a clamour about the mote he imagines
in his brother's eye, without first disembarrassing himsclf of
the beam in his own eye. Ile publicly accused Mr. Lowe
of putting a small for a capital letter, and wilfully drawing
from this change of a letter an inference which he knew to
be unfair. A mere glance at Mr. Lowe's letter proved the
accusation false; the inference was expressly stated to be
drawn from the " change of translation." So much for his
first accusation of wilful dishonesty, publicly made in the
newspapers, against the clergyman who ventured to expose
the unsound views and superficial arguments of Macnaughl
on Inspiration. I need not say who is most hurt by it, the
assailed or the assailer.

But his next letter, dated 20th June, is still more dam-
aging to " Verax." I doubt whether, in the annals of
newspaper letter-writing, a more remarkable specimen of
misconception, misrepresentation, pretentious ignorance,
and uncandid quotation can be found. If the reader
doubts the possibility of condensing such a compound into
one short letter, let him read attentively " Verax's" letter,
and Mr. Lowe's answer, dated 21st June, comparing them
together statement by statement. To one point, however,
in " Verax's" letter I must more particularly refer—his con-
fident assertion that Michaelis countenances the very theory
which is the characteristic of lifacnaught on Inspiration
the theory, namely, " that Inspiration is wholly distinct
from infallibility."

It is not enough to say that this assertion is utterly false,
displaying the grossest ignorance of the author he presumes
to quote—that it is a mistake, which the merest tyro in
German theology should be ashamed to make, and manifests
a recklessness in adducing authorities which it is startling
to contemplate—but the strange and amusing part of the
matter is, that the very passage which " Verax" adducri
from Michaelis, is itself conclusive that the German theolo.
gian differed entirely from Macnaught on Inspiration; the
drift of the passage being simply this, that on account of
the difficulty of harmonising the gospels, Mark and Luke
(who were not apostles) must be allowed to be fallible, and
therefore were not inspired, showing, as clear as day, that
Inspiration implies, in his mind, infallibility; a conclusion
the exact opposite of Mr. Macnaught's.
Now, perhaps, " Verax," who is so deep in Mr. Mac-
°naught mentally
" can read the

naught's confidence, that when M

sympathises with a Roman poet, " Verax
thoughts within, and announca to the public the very words
that were passing through his mind—perhaps, " Verax," I
say, as the mouth piece of the oracle, would be so kind as to
answer the following question :

"What is Mr. Macnaught's opinion, now, as to Michaelis'
doctrine of Inspiration ? " " Does Michaelis countenance
the very theory, of Inspiration being wholly distinct from
Infallibility, which is the characteristic of ilfacnaught on
OBSERVER.

Inspiration ?",

—Yours, &c.,

TO THE EDITOR, OF THE

NORTH ERN TIME'S,

Sir,—Will you allow we again a little space in your
columns, in order that I may make a few remarks on
that temperate letter from " Clericus," which appeared
in the Daily Pot of Fridary last ?
" Clericus " laments that the difficulties in the
personal belief of several clergymen, should have been
brought before the public in the columns of a news•
paper, as he fears that the unthinking may have their
religious convictions loosened. Now, much as I may
deplore the necessity that has drawn forth Mr. Mac-
naught's pamphlet, and also the differences which have
led the clergy to act in such a way, as to give an " occa-
sion for the enemy to blaspheme," yet, I cannot agree
with " Clericus," that differences of opinion, entertained
by the clergy on different doctrines, affect the religious
faith of the laity. The laity, as far as my experience
goes, concern themselves little with what doctrines the
clergy hold, so long as they honestly, earnestly, and
manfully maintain them, and don't believe one thing,
and preach another. But what the laity do look for in
clergymen—and which, if they do not find, shakes their
religious faith—is, that love of truth, justice, and
charity, manifest in their every act, which proclaims to
the asorld their belief, that "the Lord reigneth."
I have heard several people regret that Mr. Mac-
nanght's pamphlet did not manifest more of Christian
meekness and forbearance. I wish myself that Mr. M.
there a more perfect man, that he were more of the
angel ; but, I must say, that if he had less of the steel
in his temperament, that he would have been cajoled
into playing an ignominious part with the brethren at
the clerical meeting. The meek Melancthon could never
have achieved what the more fiery spirited Luther
accomplished. Mr. Macnaught must have felt that his
great crime was not in " holding " certain opinions, but
in publishing them to the world.
I agree with " Clericus," that much may be said
explanatory of the views advanced at the clerical meat-
ing, by those who felt it " a life-long difficulty to
believe in the existence of God ; that the Gospel is not
always to be preached ; and that Christ's example is not
always to be followed." But to those who happen to
know the contest, and that the whole argument in the
first of the above cases was intended toshow, from personal
experience, the speaker's belief in the existence and power
of the devil, all explanations avail nothing. The speeches
on the above subjects, were somewhere about half an hour
long. Sir, I do not blame the rev. gentlemen for
holding any particular doctrine, provided they are
prepared to give " a reason for the hope that is in
them." I blame no man for his opinions, so long as he
is not reckless in forming them ; for I know, that with
students, all differences of opinion depend on the amount
of evidence that can be adduced in support of one par-
ticular side or the other; it is a matter of scholarship
rather than one of piety. What I blame a man for is,
he does not extend to others that same amount of tolera-
tion that he claims for himself.

There is one point more on which I wish to touch,
and which I think " Clericus " has rather taken for
granted without due examination. The point is, that
we hear on all sides from Christian men, that evil pre-
pond: rates on the world. If this were really the case,
the world would of necessity be retrogading, whereas, it
is admitted by all moralists, that the moral world is
actually progressing—that it never looked better. Mr.
Binney in his book, "Is it possible to make the best
of both World's ? " admits as much ; and what makes
men assert the contrary is, that which made the Psalmist
say, that all men are liars," namely, their haste ; in
their haste they sum up all the cases of evil they can
enumerate, and because their number is numerically
great, they forget that it may be proportionally small,
and ignorantly, rashly, and uuthankfully conclude, that
evil preponderates. I, for one, cannot view the great
exertions and self denials That are successfully and daily
made, for enlightening the ignorant, and reclaiming the
wicked from their vices and sins, without feeling thank-
ful to the Author of our nature, for the measure of the
good and the god-like now prevailing in society. Be-
cause, I believe, in the immortal principles of truth and
practice, I can afford to trust them, knowing that they
must ultimately prevail, and I wish that the same faith
had actuated the clergymen, composing the clerical
association, for then, I am sure, they would never have
shown such indecent haste, nor practicesed the injustice
they did, in getting rid of a man whose faults was, teach-
ing others what he himself believed. Had he never
published the book on inspiration, he would never have
been expelled, for the members of the clerical•associa-
tion knew his views on that very subject, for fifteen
months previous, and never thought of expelling him.
But when he put his fellow men as well as the clergy,
in possession of his views on that important subject,
then, and not till then, did the association think of ex-
pulsion: he was too honest and open-minded for the
patronage of the associated brethren.—Yours, &c.,
July, 1, 1866. A LOOKER ON.

AUSTRALIAN MAIL CONTRACT

TO R. B. OSBORNE, ESQ., SECRETARY TO THE
ADMIRALTY, LONDON.
Sir,—As the Lords Commissioners of the Admiralty
are about receiving tenders for a " Mail Contract for
Australia," and if it be the intention of their lordships
not to place the contract in the hands of persons who
are incompetent in business qualifications to carry it out
efficiently, so that a recurrence of the bungling of the
former contract may not again occur—l would beg re-
spectfully to state, that if it is to be a contract for time,'
regularity, efficiency of ships, &c., as the public will be
satisfied with at a price that would enable an efficient
line to be worked with punctuality, I would beg to
tender my services, as a man of business, to contract for
it, (i.s ) provided it it is to stand upon its merits and not
influence. If upon the former, I feel myself fully
competent to take the measure of the Honourable the
Lords Commissioners of the Admiralty, and for a
voyage out and home, direct communication between
England and Australia, via Cape of Good Hope, both
ways, or home via straits of Mag Ellan

60 days' passages, £40,000 per boat per voyage.
55 19 £50,000 „
ft_ -

. . „
50 f, • ' £60,000 /I I,
45 IP . . II £70,000 '.
'I;
40 ~ £BO,OOO „
IP
35 X9O 000
„ __ a
a,

£lOO,OOO
£150,000 „

The vessels to be built suitable for the work, in
accordance with my patents, so that they cannot leak or
sink, but, if required, split icebergs in two, vide the
B. N. A. R M. Steamer Persia's log ; and as that vessel's
construction is in conformity with my patent, I may
not be thought egotistical, under the circumstances, in
saying that t can do more in naval architecture and
management of shipping, &c., than any other man yet
known, i.e., if a man's ability is to be valued by his
capacity of mental and business qualifications. Being
an honest man, I do not stoop to friends who possess
back-door influence, so that they might not get the
chance of pushing me forward by tipping to sell the
public and the heads of the government departments, the
real drawbacks to improvement and enterprise in her
Majesty's service.—l am, sir, yours most obediently,
JOHN CLARE, JUN.
- .

P.S.—I hope my candour and straightforward busi-
ness qualifications may not be improperly construed by
being thought impertinent and dictatorial, as the latter
have not yet entered into my thoughts, so far as regards
the Lords Commissioners of the Admiralty. I trust that
good breeding and common sense would alone teach me
how to respect gentlemen in their high situations and
position. _ _ J. C., jun.
.

21, Exchange-buildings, Liverpool,
March 14, 1856.

COUNTY COURT.-YESTERDAY.

The first July curt opened yesterday before Mr.
Simon, barrister, who presided in the absence of Mr.
Joseph Pollock, the judge.
A considerable number of fraud summonses was dis-
posed of, none of which possessed the slightest interest
for the public.

INSOLVENTS,

John Gregory was supported by Mr. Chilton, and
received a final order without opposition.
John Fyfield, insolvent, was supported by Mr. Henry.
Although no creditors appeared to oppose, his Honour
said he did not think he could discharge him at once, in
consequence of a bill of sale he had made of his property,
by which an undue preference was given. The insolvent
therefore, should not be discharged until he hid been in,
custody for three months from the date of the vesting
order.

John Daniel, insolvent, was directed to be discharged
from custody. _ _

John Robinson was supported by Mr. Hime, and re-
reived his final order unopposed. _

James Robinson, supported by Mr. Gray, received his
final order unopposed.

Hamlet Bakirreceived a final order unopposed.
Henry Giveson, supported by Mr. Bremner, received
his final order.

Isaac Lazarus, supported by Mr. Husband, received a
final order.

Richard John Campion, supported by Mr. Hughes,
received his final order.

The following insolvents received their final orders
without opposition :—William Cubbin. Thomas Wil-
cock, James M'Coombe, James Hagg, Edward Owens,
Joseph Trevellian.

In the case of Thomas Paine, insolvent, Mr. Hine
objected to the petition being received, on the ground
that it had been filed before a commissioner in the Court,
of Queen's Bench ; whereas thi Act of Parliament re-
quired that it should be filed before a master in Chancery,
which objection had been decided in a similar case to be
fatal.• Mr. Chilton supported the petition. After some
discussion the court postponed the decision of the
question. _

- John Fender, insolvent, supported by Mr. Husband,
received his final order without opposition. _

George Wild was ordered to collie up for a final order
on the sth of August.

ARRANGEMENT OF BUSINESS,

The following arrangement of the business of the
court was made:—Wednesday (this day), 120 cases ;
Thursday, 145; Friday, 120; Tuesday, Bth August, 122;
Wednesday, 9th, 120 : Thursday, 120 ; Friday, 190
'The entire number of cases to be disposed of by the
court is 937.

rOXTETH PARK LOCAL
HEALTH.

BOARD OF

The usual monthly meeting of the commissioners
composing this board was held at the Public offices,
Toxteth-park, yesterday morning at nine o'clock.
Mr. Greigson, the chairman presided. The other com-
missioners present were, Messrs. Alpass, Jeffery, Avison,
Rogers and Lee.

The routine business of this board, which contained
nothing of public interest, hiving been disposed of, the
clerk, in answer to a question put by a commissioner,
stated that no letter had been received by the board,
relative to the sewering of Grove•park. A letter from
Mr. Soul', relative to the draining, &c., of Smithdown-
lane, was referred to a stab-committee without being
read to the board. A plan (proposed by the surveyor)
for opening a road through Parkfields, was next sub-
mitted for the consideration of the board, on which Mr.
Williams attended, and having explained his opinion
on the subject, and there being some difference existing
as to what width the road really was required, and as
some alterations were requisite to be made in the levels
as given by Mr. Newlands, the consideration of the whole
matter was postponed, and it was decided that it should
be discussed at a special meeting to be hereafter con-
vened.

The chairman then announced, that it would be the
duty of the board, in the present month, to elect five
commissioners in the place of those who retired or went
out by rotation For his part, he was compelled to say,
however reluctantly, that from the pressure of business,
and the calls made upon his time, he must decline again
being elected. He concluded by reading a letter from
Mr. Itriwlands, the clerk to the board, tendering his
resignation, which was accepted.
The board then adjourned.

BIRKENHEAD COMMISSONERS

The usual monthly meeting of this Board of Commis-
missioners was held at the public offices, Hamilton-
square, last evening. Mr. J. Laird occupied the chair.
The other commissioners present were—Messrs.
Willoughby. Gough, Cook. M‘Whirter, Verelst, Baylis,
Goulborne, Park, Meakin, Keightlev, Hind, and Bradley.

The Clerk read the minutes of the last meeting.,
which were confirmed, as were also those of a special
meeting held since the monthly meeting.