The Express.
London, England, 1857-04-24 00:00:00

THE EXPRESS, FRIDAY EVENING, APRIL 24, 1857.

ever, if upheld by the Privy Comic% effectually puts
a stop to the whole furthereoutte of the proceedings.
Extremes meet. The adieu tAeolopiewei has not
generally hem viewdata Ow mildest of all forms
of hatred, sad yet, in this instance, it has so far re-
sembled " true love," that its course from beginning
to cod of this DENISON business has " never vet run
smooth." do devious, indeed, and singular has
been the somewhat crab-like progress of this cele-
brated suit, that we may be forgiven for reminding
our reedere of some of the principal stages in its
oaresr.

The Archdeacon was charged under the statute of
the 13th Elizabeth, entitled, "An Act for the Mi-
nisters of the Church to be of sound Religion," with
having preached three sermons, on the respective
dates of the ith of August, 1833; of the 6th of No-
vember in the same year, and the 14th of May, 1834.
This last sermon, however, may be excluded from
consideration, no sufficient proof having been adduced
before the Court at Bath, to prove its publication
within the diocese of Wells. The substantive charge,
then, resolves itself into this, that on the ith of
August and the 6th of November, 1853, the Arch-
deacon, in the diocese of Wells, preached two ser-
mons, the doctrine of which was unsound within the
meaning of the 13th of Elizabeth.
The dates that follow arc of some importance
with a view to understanding the judgment of Sir
JOHN DODSON. On the 31st of October, 1854, the
Archbishop of CANTERBURY, on the complaint of
Mr. DITCHER, issued a commission of inquiry under
the provisions of the Church Discipline Aet (3 and
4 Vim's.. 86). The Commissioners reported that there
was a priseJ feel. ease. The Bishop of BATH and
WILLS was thereupon requested to take proceed-
ings. He declined, The Archbishop was then
premed to constitute a Court under the 11th sec. of
the Church Discipline Act, which provided that
he should do so in case of the Bishop's refusal.
The Archbishop refused to comply with this request.
Application was then made to the Court of Queen's
Bench to compel the Archbishop to proceed; after
elaborate arguments, and considerable delay, a per-1
emptory order was issued to the Archbishop to hold
the Court, which accordingly met at Bath on the 22nd
of last July. Before that Court Archdeacon Dexistix,
on the ground to be presently disclosed, protested that
the suit had been commenced too late. The protest
was overruled, and the cause proceeded. We need
not follow it through its stages. It will be suffi-
cient to remind our readers that, on the
21st of October last, sentence of depriva-
tion was pronounced upon the Archdeacon.
Against this sentence the Archdeacon appealed to
Sir JOIN DODoON. That learned Judge, consider-
ing that a court in which the Archbishop presided,
was the Archbishop's Court, decided that he, who
sits in the ArchesSourt merely as the Archbishop's
delegate, could not entertain au appeal against
the judgment of what was in his opinion a superior
tribunal. On this ground he accordingly dismissed
the appeal. Rowans was then had to the Judicial
Committee of the Privy Conrail. They held that Sir
lons DODMON was wrong in declining to entertain
the appeal, on the ground that the Archbishop,
when sitting at Bath, under the I Ith section of the
Church Discipline Act, was acting merely as and fur
the Bishop of BATH and WELLS, and vies to be
regarded, therefore, pro Ink rice, as a Bishop, and
not an Archbishop, so that the appeal from hi.
sentence to the Judge of the Court of Arches was,
in fact, an appeal from an inferior to a superior
tribunal.

In consequence of this judgment the appeal was
remitted to Sir Jons Dousos. The first point
taken on behalf of the Archdeecan was the
protest previously urged before, and overruled by,
the Archbishop, viz., that the proceedings had
been commenced too late. The principal ground on
which this objection wu founded was the 20th FCC
lion of the Church Discipline Act, which provides,
"That every snit or proceeding against any clerk
in holy orders for any offence against the
laws ecclesiastical shall be commenced seitAus tree
years of the commission of the ()fence in respect
of which the suit or proceeding shall be instituted,
and not afterwards." It is only necessary to recall
three sets of dates, in order to see the exact limits of
the question thus presented for Sir J. DODSON'S
decision. The obnoxious ,ermons were preached on
the ith of August and the 6th of November, 1553.
The latter may be taken as the date " of the COW-
mission of the offence." The only other point to
rualve was what, according to the true construc-
tion of the Act, was the " commencement of the pro-
ceedings?" Was it the issuing of the commiftion
to inquire, on the 31st of October, 1n,54 (in
which case the protest manifestly failed), or
the senior of the requisition to appear at
Bath, in June, 1856 (in which case the
protest must manifestly be held valid)' Sir
JOHN Douse e, after an elaborate review of the
different sections of the Church Discipline Act, de-
cided that the latter must be considered cis the true
date of the " commencement of the proceedings."

His ground was shortly this : the preliminary inquiry
of the Commissioner was simply for the purpose of
ascertaining whether proceedings should be insti-
tuted—the proceedings themselves only commenced
when the first formal step was taken for actually
bringing the Archdeacon for trial before the
Archbishop. With reference to the topic that a
great hardship would be inflicted on Mr.
Inreurn if he were to fail merely because
the proper steps had not been taken by
the Archbishop, Sir Joan Donsox observed
with considerable force, that " that was no reason
why the Archdeacon should be punished contrary to
the tenor of the Act, which expressly provided that
the proceedings should bo commenced within two I
years of the offence."

It is not for us to venture an opinion .on
the soundness or unsoundness of the construction
thus pat on the Church Discipline Act. Of course
the Judicial Committee of the Privy Council will be
again resorted to, and, without affecting to be SOLONS,
we may venture to remind the Archdeacon that me
no man should be pronounced happy till after his
death, so no litigant, especially in ecclesiastical
suits, can safely be declared successful until he has
paned the ordeal of the ultimate Court of Appeal.
This, however, we may at all events observe, that
if it should turn out that the further prosecution of
this untoward litigation has been arrested by the
reluctance of the Archbishop of CANTERItRY to
proceed with it till absolutely compelled to do so
by the mandate of the law, the result will not be
one of the least of the benefits which the Church of
England has derived from the balanced judgment
and Christian wisdom of this exemplary and tempe-
rate prelate. It would have been better never to
have commenced these proceedings; it will be some-
thing gained if the peace of the Church is not mon
gravely disquieted by their further prosecution.

Signor Bazzini, the violinist, is about to visit
London fo► the esesen, with several new rompontionr,
which we are hammed he has played with roach success at
Vernon Milan, and Trnste, dating his progress through

ROYAL GEOGRAPHICAL SOCIETY.—At the meet-
* on Mends! next, the 27th instant, papers will be reed
on China and the Chinese, by Sr John Davis, Bart.,
K.C.11 , end on the Completko of the North
Anstrel/an Expedition, by Mr. A. C. Ontgeri, ominender.

ADDRESS To LORD JOHN RUSSELL.

The town council of South Molton, Devon, having
teen informed that Lord John liossell wee sojourning with
Earl Forteseue, at Castle Hill, determined to present en
address to him, and, on Monday lst, the Mayor, OCCOUl-
paled by the town clerk and a majority of the enernbrrs of
the council, waited on his lordship, and presented en address.
In this dot unreal the town council impress their high
respect for his lordship's public virtues as a statesman, und
their gratitude for the benefits he has sought to confer upon
tho people of this country by his constant and energetic
!damn iu the reuse of national education.

Lord John Russell returned the following reply
"Mr. Mayor and Gontleineu,--1 feel deeply the honour
you have done me by the expression of your confidence and
regard in terms which, although inarb too flattering, are a
valuable proof of your friendly sentiments and political
sympathy.

"I will any no more regarding loyal!' personally, I prefer
to take this occasion to look luck with satisfaction and gra-
titude to what is past, and to look forward with hope hi what
is to come. For the last thirty years, laginuing in 1828, wo
hare broil making greet clump+. in our laws, altering the
basis of our parliatuentery taproom:o3,lot, admitting million+
of our fellow-subjeas to the Lenctits of religious equality,
enlarging our commercial liberties, extending the privileges
of personal fieedoth to tutu of every rev* and every colon:, in
whatever diner they could be rest hed by the knelt. ent
sceptre et the British monarchy.
" While we base been achieving these tasks conservative
predictions of the most gloomy ruituro have assailed us In
our onward path—the fall of tho crown and the }louse of
Lords—the destruction of the established church—hopeless

mashy iu tho West Indies—the entire ruin of the agrietd-
tuft of the United Kingdom. Such hove been 11 few of tbe
ominous cries which hove stunned tho ear. of the
BMA people while ongsg.tul in their difficult and toiluoine
much.

"But, gentlemen, the result has shown that the bonds of
affection between the inhabitants of the different parts of the
United Kingdom have bun strengthened, loyalty to the
&Tone has become a warmer and more constant game, in-
ternal pests has boon preserved sod secured, agrimdture has
improved, conuaerce and manufacture. have prodigiously
inereascd, and the prophets of evil themselves can only
wonder at the material prosperity of our country and the
confirmed stability of our institutions.

`• Moy hot hope, then, gentlimen, that by following
the saute policy, by uniting progress with order and im-
provement with wisdom, we logy attain still further and
greater benefits:. The opinion of the good, says Milton,
ie knowledge in the making. Ily relegating the opinion of
the good and the enlightened the House of Cominemi re-
cently elected may find imam to promote education, to
extend political franehiees, to enlarge the boundsrim of
religious freedom by removing some remaining disabilities,
and to twinge the people of some of their vexatious burdens.

" I shall have every reason to be gratefel and contented
if I am permitted by toy votes in Parliament to contribute to
ouch happy results.
"Castle Hill, Apni 20."

We ( Glasgow Daily Mail) understand that the
&Aden', on the Queen's speech, at the opening of pa, 'lament,
will be moved by Mr. Buller, member for North Devon, and
seconded by Mr. Walter Buchanan, of Glasgow. The booms
are expected to assemble on the 7th of May.
A correspondent of the Manchester G dardia
states that Lord Barry Vane all muse Mr. Evelyn Den loon
into the chair, and that the motion will probably be
seconded by Mr. Thornely, M.P.

We ( HSkiAire Iradepentlent) have just been in-
formed that there in no truth in the statement that Mr. F.
Peel seal be brought forward for Caine. Sir W. F. Williams
Sao intention of severing his connexion with the borough.
P Nir.:Fergus,:M.P., was entertained at dinner on
Tuesday in the Music hull, Dunfermline, by his supporters
in the Western District of Eft:shim. Lord Melgund, M.l'.,
occupied the chair.

Among the gentlemen who have intimated their
intention of being prevent at the fortheimaing dinner at
Paisley to Mr. Ilaatie, M.P., are Sir It. M. Shaw Stewart,
Bart., M.l'. for Itentrewaltire, Mr. Walter Ihrbasen, M.P.
for the ri,y of Olargow, and Mr. Adaio Black, M.P. for
Edinburgh.

A tet:festiral will take place in the Athen.cum
Room, Royal Hotel, Derby, on the evening. of Monday
next, to celebrate the recent return to parliament of Mr.
Evelio, Mr. Colville, Mr. Bass, and Mr. Beebe.
On Tuesday last Mr. W. M. James, Q.C., was
role:tail:A by a number of his friend, at Derby, who dis-
approve of the derision of the rabitrator (Mr. W. Diggs),
which led to Mr. latase's retirement in favour of Mr. Beale.
An eddies., eigned by newly WO electors, was presented
to him.

Augusta. Smith, Esq., one of the new M.P.'e for
Truro, Lord of the Srilty las., has been weloonted, on hilt
return to the Wanda, by a grand demonstration, an address,
and a apiewhd banquet.
Mr. H. Davey, the new M.P. for West Cornwall,
who has taken the place ',bleb wan for so .may years hon-
ourably tilled by Sir Charles Lemon, was entertained at a
public dinner, at Itcdrutb, on Tuesday.
We (Deroxport Journal) understand that James
White, Esq., M.P., will visit Plymouth et the close of thin
reek and that he will lecture on "China and the Chinese,"
at the Machinist' Inititution, on Tuesday evening neat.
Mr. W. S. Lindsay, M.P., writes in favour of
establishing a simple uniform fur masters of the mercantile
marine. He thinks such a course would be very acceptable
to the service, and would ho one mesas of promoting the
authority of captains, which is very neceasary.

Sir 'Montague Cholmtley, M.P., met a number of
hie trim& .t Gainsberough last Tuesday, and returned
thanks to his constattenry for his recant election.

We (Eastern Counties Herald) hear that the
haute of Mr. Dtgby Seymour, one of the defeated candi-
dates at the Lite election, are making a subscription, fat the
purpose of presenting that gentleman with s testimonial in
the shape of the receipts of his election expenses.

STRANGE RE,ULT OF AN ELECTION.—Captain
Oordce, the deflated tory candidate et the late election for
Berwick, who is a perfect stranger to the place, has just
offered to erect a Dew church without the wills of the town
at ht. sole ezposel—Newoutls Chrontr4.

THE LATE MR. A. A. Fences.—lt is our painful
duty to record in our obituary the name of Mr. Alexander
A. Fraser, late of this city, and for live years editor of the
?Vermeer Journal. Mr. Fraser left England in July last,
to undertake the editorship and management of • daily
loam am paper, the Jladras Spectator, and fell • victim
to cos of those sudden attacks of diseme peculiar to the
Baden climate. Ilia death will be deeply deplored by •ll
who bad the pte•aure of his acquaintance. Worcester
Jetsreel.

THE SOCIETY OF ANTIQUARIEN.—YaItertisy being
St. George's-day the annivereary meeting of the Society of
Antiquaries wee held at Somerset Howie. The chair woe
taken at three o'clock by the Earl Stanhope, president, who
commenced by reading his address to the meeting. No allu-
sion whatever was made to the existing state of the society,
either in regard to its financial or literary peospetity. We
are given, however, to understand that since the alteration
made some three years ago by the society in the admiariene
and amused payments, by which the latter were reduced from
taw guineas to two, there has ensued a failing off in the
annul income of the society, which, during the pssit..
has samowaled to a deficiency of nearly MO!. in it. w
ex This is a result which threatens to the future
this ancient corporation moat dissatrotui conaequences, foe
which those alone who initiated the change are responsible.
THE INCUMBENCY QF ST. MARY's, CHELTENHAM.
—TheeisitnihaviChrimideof Wednesday se We are at
length enabled to slab that Os above feet y, which hes
been vacant for such a IsNolk of time, ie about to be ftbd
up, the trustees raw egimer all Wee aaeyamd
surmounted the whisk And In liefr sty. The
district &anise see is herr isibmgrepseb=
fee. are to go lo St. Mee, We re
that =additional OM of rh. pa arra his bra
tad to the future Intranet by the kr bee, Awl CfiZe
lair has been card to dm Si,. T. 0. ars* Berm et
Mils& Neer ; het alreht the offer set be suesperagtho
we. reglemem, than will sow be as 111Ierty
wassassr le the Very Rev. Its. CleanTM weary, than.
best will be Hill up within a my big prod."
INISODOCTION OF GILIITLIMO..— The War it
Scotism& Angling Club mem thee sip pet a bey mar of
raring Yes the Clyde at Aldruillem Mltiesesh smog se
ars hese her awe tram time to thee, or is
•
herhy emulihr, are Ise reel amble Wir
&eiZ se yews& refs& shesersi. To rardy
rup the iabothellos et hie Am sad par foila
Mahe r% the War d hear Aug Cab hewer asely aerated 29,000 see, height fete Zeeland, in • pro-
p* arbucted Wiped at Ableres. Tim OR me
ma, aim hum anzu,
peer the requisite at te alky.-41pw us her to

ght Court.

The Dnehma of Kent, the Dachas of Cambridge,
the Hereditary Grand Duchess of Meekkmbargh Sire Sta,
and the Brinier Mary of Cambridge, visited her *warty
yesterday at Buckingham Niece. •
. . . .

The Prince rode on horseback with the Priam of Wales,
Attended by Captain Da Plat.
The Princess Royal and the Princess Alien laid a visit to
the Duchess of Gloucester on Wednesday. The Princess
Royal also visited the Duchess of Kent.
The Hon. Lary Herr and the Hon. Mary Bulbul have
enamelled the Hon. Beatrice Byng and the Hon. Emily Cath-
cart as the Maids of Honour in Waiting to the Queen.

The Duchess of Ohmmeter passed a quieter nighton Wed-
nesday, but remained yesterday in much the same state as
daring the het few days. The Duchess of Cambridge, the
Priam, Mary, and the Hereditary Grand Duchess of Heck-
lanburgh Strelitz, visited her Royal Highness. Inquiries on
the put of her Majesty the Quern, and other members of the
soy.' family, were mado at Gloucester Home after the state
of the royal &wheat.

The Dab of Cambridge visited tho Dachas of Hatt yes-
terday at Claresce House, St. James's.

A Cabinet Council was held yesterday at the
official residency of the First Lord of the Treasury,
in Downing-street. The Ministers present were—
Vicceount Palmerston, the Lord Chancellor, Earl
Granville, the Marquis of Lansdowne, Sir George
Grey, the Earl of Clarendon, Mr. Secretary La-
bouchere, Lord Panmure, Sir Charles Wood, the
Right Hon. R. Vernon Smith, Lord Stanley of
Alderley, the Duke of Argyll, and the Right Hon.
M. T. Baines.

A deputation from the General Association fur the Aus-
tralian Colonies had an interview with Mr. Secretary La-
Donators yesterday at the Colonial•otDce, to present •
memorial requesting him to bring a hill into parliament,
giving the Australian colonies powers to form a federal

;wally, The deputation compiled—Messrs. W. C. Went-
worth (late member of council for the city of Sydney, cladr-
man of the aaaociation), Jamas A. Youl (honorary secretary),
Sir Win. M'Arthur, Dr. Dobie, R.N., and Messrs. G. F.
Leslie (late member of council for New South Wales), Win.
Nicholson (late Al. L. C. for Victoria), John Dunn (late
Al. L. C. for Tasmania), Edwd. Stephens and A. L. Elder
(late AL L Co, for South Australia), H. G. Ashurst, Robert
Brooks, D. Benjamin, 8. Besijamin, J. Gilchrist, G. R.
Griffiths, Dr. Leermouth, D. Lernach, F. A. Du Crow, R.
Dry (late speaker of council, Tasmania), and A. R. Cruik-
shank (member of House of Assembly, Victoria).
The Marquis et Lansdowne left town yesterday for his scat,
Bogrowd„
Despatches were sent from the Colonial-office yesterday to
the Governors of the west emit of Africa.

The following bulletin was issued this morning :
"Gloucester Bowe, April 24, 18.57.
. . .

"Her Royal Highneen the Duane of Gloucester has
passed a quiet night, and ha not been ao much oppremed in
her breathing.

(Mired) "FRANCIS 11AwKm, M.D.
"Rosurr Fait.ousox, M.D.

LAUNCH dr PORTSMOUTH TO-MORROW.

The Royal Sovereign screw three-decker, 131
guns, an improved Deke of Wellington, will be launched
from Portsmouth Dockyard about half-peat 11 o'clock to-
morrow forenoon. Admiral Superintendent Martin has made
such arrangement as he deems most conducive to safety
and the satidaction of the curiosity of the public. Thee"
will be accommodation in stalls and galleries provided foe
about 10,000 persons, and, nth the exception of the plat-
' form or christening stage at the stem of the ship, there will
be no preference of places by tickets to particular booths
or places. The three-deckers Prince of Wales end Vic-
toria, building on adjoining slips on either aide of the
Itoyal Sovereign, have galleries affixed to them on the
side next the launch, and well overlooking the Alp, on which
the meta and all have bean erected, with the bout attention to
under the directions of the clerk et the works in the
dockyard, Mr. Wood. The ligare-bed is an exceedingly
clever likeness of the Queen, a nobly proportioned boat,
executed by Mr. Halm, the carver of such matters for the
Admiralty. The ship is emmidered a handsomer bull than
the Duke of Wellington, having a finer entrance and other
Improvements. Engines of 800 nominal horse-power as
being manufactured for the Royal Somnign by Maudalay
and Co., and will be fitted immediately, sad one of the Lords
of the Admiralty will be maw and some distinguished
visitors. The vessel will be named, in the absence of
royalty, by one of the daughters of the Commander-in-
Chief, Vice-Admiral Sir George Seymour, K.C.B. Every
precaution has been taken to prevent her hanging upon the
ways, which so signally marred the effect of the launch oldie
Marlborough.

The Right Hon. Sir Charles and Lady Mary
Wood leave town today on a visit to Rear-Admiral Sir
Auguatna Clifford and Lady Elisabeth Clifford, at their villa,
at Hyde, Isle of Wight, sad rill stay till after the launch, to-
morrow, at Portsmouth.

'Airs. W. E. Gladstone has issued cards for a
rouse on Wednesday nest, the 29th inst., and on Saturday,
the tad proximo. The latter to meet the members of dm
Royal Academy of Arts.

The Earl of Derby, after attending the recent
race meeting at Newmarket, rejoined the Countess and
family at Knowsley, Lumeshire. The noblo Earl and
Countess, and Lady Emma Stanley, come to town for the
season about the 10th of next month.

The Duchess (I )owager) of Hamilton has left Port-
manaquare, for Euston Hall, Suffolk, to pass three weeks or
a month.

The Duke and Duchess of Northumberland intend
to leave Sion House, lelewortb, on the 4th proximo, for
Northumberland Rowe.

The Duke and Duchess of Grafton are expected in
town tarty neat week, from Wakefield Lodge, Northampton-
ehire, for the season.

The Marquis of Lansdowne left town yesterday
for his seat, Bowood, Wilts.

The Countess of Jersey and Lady Clementina
Villiers dose their visit to Lord and Lady William Powlett,
at Bath, to-day, and go into Devonshire to pay several visits.

The Earl and Countess Craven are staying at
Arhdown Park, Berke, and will return to town the latter
end of next week.

The Countess (Dowager) of Glasgow and Miss
Catherine Sinclair hare arrived at 18, Chesham-place, for the
16111011.

The Earl and Countess of Zetland arrived at their
residence in Arlington-street, Lut evening, from Asks Hall,
Yorkshire.

The Earl de Grey has arrived in town from
Dover. Mr. and Lady Mary Vyner have arrived in town
for the season.

The Earl and Countess of Yarborough are expected
in town in a few day. from Parts.

Viscountess Palmerston will leave in a few days
for St. Leonard's•on-Sea.

Lord Broughton arrived in Berkeley-square yes-
terday from Erlestoke Park, Willa Col. the Han. Strange
and the Hon. Mrs. Joseelyn are still on the Continent,
and are not expected to return before the and of the ensuing
mouth.

Lady Da ROll returned to town a few days since
from Waiting Sir John and Lady Walsh at %read Park,
Berks. His lordship will return to town to-morrow from
Portsmouth.

Lord and Lady Walsingliam will arrive in town
to-morrow from Merton Hall, Norfolk, for the season.
A dispatch from Dublin states that in the Mount-
garret pimp case, the judges have decided by a majority
of err only against the application for the new trial, thus
einalrming the verdict given at the aesizes in favour of Lord
Momntrieriett.

J. B. Stanhope, Esq., M.P., has forwardtd 101, to
the Franklin Testimonial Fund; and the following names
hare been added to the committee, viz., J. B. Stanhope, Esq.,
the Right Hon. C. N. Hamilton, Viscount Goderich, the
Rey. H. Brackenbary, Sir John Trollop', Bart., and W. H.
Adam, Esq., M.P. The amount subscribed up to the pre-
seat time i• 'boot 770/.
On Wednesday night G. Crawahay, Fin., Mayor
of Gateshead, danced an interesting lecture on Kelly's
Panama Canal Project,•' in the Mechanics' Inatiftte, New-
castle, to a large and respectable audience.
The first edition of Mrs. Gaskell's Li!;, of Char-
lotte Bronte wpm exhausted in a few days, and a eseand. le
now ready.