The Sun.
London, England, 1839-02-26 00:00:00

TO THE EDITOR OF THE SUN.

SIR,—In doing me the favour to publish the letter signed
" Va Victis," in your Thursday's paper, a
.typographi-
cal error occurs. In enumerating the ships of the line
built and building since 1831, on an improved model, it
gives I of 120, built ; 4 of 80 ; and 3 of 74 and 70
building. It should be lof 80, (the Vangulrd) built ;
and 3 of 80, (the Collingtvood, Superb, and Goliath,)
with 3 of 74 and 70 (the Algiers, 74, the Boscawcn
and Cumberland of 70) building.
I have the honour to be
Your most obedient Servant,
ViE VICTIS.

Feb. 23, 1839.

COURT OF SESSION-RELIGIOUS
TOLERATION--JAN. 29, 1839.

THE GENERAL BAPTIST ASSEMBLY AND OTHERS AGAINST

TAYLCR.

This is an action brought at the instance of the General
Assembly of the General Baptist Churches, meeting yearly
on Whit-Tuesday in London, and a Committee of their
Members specially appointed to carry on the suit against
William Taylor, lime-merchant in Perth, as representing
his brother, the late David Taylor, builder there, for reco-
very of the sum of 1,0001., bequeathed by the latter to the
Assembly for the maintenance of a preacher of their connec-
tion ( Unitarian) in the city of Perth. The defender plsd,
preliminary, inter diet, that the action was not maintainable,
inasmuch as the object of the legacy WAS the propagation
of tenets which are not only not recognised by the State,
but are condemned by the law of the country as directly
and inveterately hostile to the creed which forms part and
parcel of the law of the land. Lord Jeffrey, before whom
the case depends, repelled the preliminary defences gene-
rally, and in particular the defence above quoted, " in re-
spect that the purpose for which the legacy is left is not a
criminal or illegal purpose, or oee which can, in any sound
sense, be regarded as dangerous to good morals, or offen-
sive to decency or good order;" and in a note to the
interlocutor his Lordship remarks .—" Where there
is nothing in the tenets of a religious sect which is con-
trary to express law, to good morals, or to public decency,
the Lord Ordinary car, see no ground upon which any
distinction can be taken in a civil Court, between one tole-
rated sect and another. There can be no doubt that, by
the existing law, the sect of Unitarians is entitled to the
fullest measure of toleration; and it would be absurd to
hold that there was anything to corrupt virtue, or outrage
decency, in tenets which have been advocated, in our days,
by men of such eminent talents, exemplary piety, and pure
lives, as Price, Priestley, and Charming, and to which,
there is reason to think, that neither Milton nor Newton
were disinclined. If this legacy may be withheld on ac-
count of the reprobation to which the opinions of the lega-
tees are supposed to be liable, the Lord Ordinary does not
see bow any congregation of that community could obtain
decreet for a sum of money which they had raised among
themselves for building a chapel or paying a preacher, if
they had lent it on bond or bill to an orthodox borrower,
or even deposited it on recceipt with a banker belonging to
the Establishment ; for an executor, with free funds in his
hands, is full debtor to the testator's legatees, and is as much
bound to pay under the testament as a borrower is under his
bond. Those who belong to the great Establishment of the
Church of England, it should also be considered,are but sec-
taries in Scotland,and depend for their protection on thesame
toleration which has now been extended to Unitarians.
It wou d probably startle even the defender, however, if it
were made a question whether a legacy could be recovered,
or a loan reclaimed, for the purpose of building or repair-
ing an Episcopal chapel, or paying the salary of an
officiating clergymer."
c Smith,oun
sNeil,el
roarn dt
hfel u tDe heifnesnodne,r S:
Counsel for the Pursuers : George Dees, Esq.—Agents::
S. C.
Patton, Esq.—
Agent: Henry Tod, W. S.