The Sun.
London, England, 1837-05-08 00:00:00

TRIUMPH Or
__BERAL CAN- TO THE EDITOR OF THE SUN.
DIDATE AT HUDDERSFIELD.

THE L

TO THE EDITOR OF THE SUN.
send you the following hurried account of our elec
lion, because I admire your exertions, and approve of the gene.
ral tone of your politics.

Huddersfield Your's respectfully, C.
PROGRESS , May 6, 1HE837. OF T POLL AT HUDDERSFIELD.
Majority kr
Ellice. Oastler. Ellie&
en ine o'clock . ... ....... 216 169 ••• 47
............ 241 182
59 • •
Eleven
Twelve ............ 269 222 - ••• 53
Oar ............ 295 253
Two ••• 52
Three
............ 314 260 ••• 54
36
........ ~.• 319 283
•••
Four ....... ... 322 284 •••
38
Thuß 50 !!!
............ 340 290 -
••• , after a most arduous contest, the Tories, though
Joined in a most unnatural alliance with the Ultra-Radicals,
have got a most signal defeat. Mr. Oastler, by Poor
the ignorance of the working classes respecting the New law Act, and being a furious advocate of a Ten Hours' Fac-
tory
Torißill, got the aid of a moiety of the Radicals, and the
es spared neither their purses nor their personal exertions ;
but 1,11 would not do—principle overcame sophistry and intimi-
dation combined. Last July 802 electors were registered for
this borough ; of these, 59 are since dead, or removed, and
19 were absent on journies—leavine,o• . 724 electors to decide
this contest. Ninety-four electors did not register their votes,
a majority of whom are moderate Radicals, who would not
sacrifice their principles to a faction. The bearing of the
truran
the p
Pe°Ple,"as most admirable ; not a single fray marred the
i
of the day. Throughout the whole of the canvassing.
nomination, and the election, the Liberal party took a
xtrtsightforward course, like men who knew their rights and
their liberties were at stake. Neither banners, with the single
exception of a flag simply inscribed " Ellice and principle,"
betray the people. The conduct of the Tories were in re-
Markable contrast ; some of their persons were bedizened with
Sashes, watch ribbons, and favours, to such a degree, that their
n!Ppearranee was highly ludicrous, and music, accompanied by
.annes, was disturbing the quiet industry of our streets from
the morning to the evening,. Immediatel after the close of
Poll, Mr. Ellice entered his Committey e-room, which was
owded with his friends. He addressed them in a short and
energetic speech, commencing, with " My worthy constituents,"
which three words were uttered with such feeling, that the
sentimente
est coming upon his auditors, suddenly roused them to
th high pitch of enthusiasm.
HUDDE7-

RSFIRLD, SATURDAY EVENING.—The nomination of
candidates for the representation of this Borough in Portia-
tyaent, consequent upon the death of the late Member (Mr.
Blackburne) took stance since the place yesterday morning ; and in no in-
citement passing of the Reform Bill has greater ex-
prevailed. The utmost caution was exercised by the
local authorities of the town and neighbourhood to prevent dis-
turbanee, and a large body of special constables was appointed
tactn the occasion. The customary processions of the opposing
ics (with flags, emblazoned with the favourite mottos, on
part of the Tories) paraded the streets at an early hour,
and at about eleven o'clock the proceedings were opened by
the returning officer, Robert Thomas Robinson, Esq.. on the
~"tings, which were situate in Queen- square, opposite the
Courthouse.
Es Mr. WM. STOCKS, Jun., then proposed Richard Oastler,
.c.so
• ,-,e, as a fit and proper person to represent that Borough
to rarliament. He observed that it might be asked how it
it that he (the nominator), who was a Radical, should pro-
f° °t:4,ee a a he
? But his reason was, that he knew Mr. Oastler
man who would and could 0 do more than any other man
England for his country if sent to Parliament.
..._This nomination
seconded by Mr. JOHN WHITACRE, of
Woodhouse.was
Mr• WILLIAM BROOK, of Mould Green, then proposed Ed-
wardar Ellice, Esq., which proposition was seconded by Mr.
HAIGH.
Mr. OASTLER then addressed the assemblage in support of
hid claims to preference as a or.characterising e
Pthreeisrent commercial difficulty Tasy " the After wily being caughtth in
own snare," he dwelt nn the oddness of his own position,
and entered into some notions about their being a struggle in
athis country between the domestic and
es the foreign
rm princ
and de-
,
j'aring that the supporters of the latter wanted, by their Poor-
-2-4,,,' &c., to drive the people of England to perish in the
iftlamPs Of Canada for the benefit of Canadian land speculators.
t he had the power, and he would from this day divide the
station into these two classes; and he was as good as returned
the Representative of Huddersfield now. There were dele-
gates in the town from 14 different towns in Lancashire and
,Cheshire, coming forward to request the electors of Hudders-
"id to return the individual whom Mr. Baines bad once called
(1% k,ing,." and who bad been king north of the Trent ever since.
its
he went into the House of Commons (for he was sure
q) go) he would speak as boldly and fearlessly as he did now :
if the Members would not hear him he would take care they
should hear nobody else. Whether the end of his journey
Were a scaffold or 'a throne, he was determined to go straight
Shforward. He was a most decided friend of the National
urch, and his arm and heart's blood should ever be at
her service. He would enforce the payment of Queen Anne's
bounty to the working clergy, and luse every pew in the parish
ehurch to be free to the first corner. He was a staunch friend
of our national constitution in King, Lords, and Commons ;
tad if any one asked, " Won't you reform the House of Lords,"
Deforme say, " No, I won't ; th
at's plain." The Reform or
them Bill was all a humbuo. or delusion, and he had told
, so at the time it was before Parliament. He thought
.4,aiversal suffrage would cause a great deal of confusion ; but if
Lae nonstituenc were to remain as under the Whig Reform
17111;r1 he, as In ultra Tory, would much prefer universal
.„,irage. He would much rather trust the crown, the church,
IC the property of the country exclusively in the hands of
eit:
ew°rking classes, than into those hands in which the ac-
Reform Reform Bill had placed the franchise. After getting
taillev• J. It. Stephens to read a long extract from some-
Z,„,7_,g e (Mr. Oastler) had written in 1833, till he had reco-
C° his breath, Mr. Oastler resumed, and said he never
ought the ballot worth a straw either way'; but if such a
Ping Wei as the present wished him, he would support it. He
oras
Pael orthe abolition of the property qualification in Members
be iameet. He never could understand why there should
~, anYl:nsit to the duration of Parliaments; but if at any time
thlaajority a his constituents should wish him, he would by
kien next Post transmit his resignation. He would have the
tone? dissolve Par:iament whenever he chose. He next
that
"Pon what he celled " foreign trade, free trade, and
bind, sort of humbug," and stated that foreign trade was rob-
and Plundering both manufacturer, merchant, shopkeeper,
then purer, to enrich the foreigner and the colonist. [He
(Mr. got Mr. Stephens to read an extract from some of his
Which
Was oa.stler's) books on the subject of the corn-law, in
the the assertion that every bushel of corn bought of
tieri'flnntLer was an abstraction of so much wealth from the na-
a t',-, nu ~ Ile concluded by assuring them that if they wanted
Ilii-ose.ht Parliament, lie (Mr. Oastler) was the man for their
Mr L"
its i • ,LLICE then presented himself. He declared himself
li,,i„"°nr of the ballot, triennial Parliaments, to the same re-
iiki-ns and civil privileges for all denominations, to the abo-
w,ll of Church-rates, and of all unnecessary pensions. He
‘,47.1nd0t ..
prepared to extend the suffrage at present ; but he
141114 :.ote for a repeal of the rate-paying clauses in the Re.
fixed ,ntli, for a gradual reduction of the duty on corn, by a
lsinis gietitY, till abolition should come. He would not pledge
4 e" any way as to a ten hours' Bill. He would forward
°Y rnessure for the relief of the Irish poor;, and would. sup-
to rttil the appropriation of part of the funds of the Irish church
pr o purposes of educating the Catholics, as well as the
I otestants of that country. He would have the taxes on
'410411
the pedge repealed. He thought some of the clauses in
°or Law objectionable, and the measure generally
snoretti fitted for the agricultural than the manufacturing dia-
e.is, and that it would require some considerable modifi-
eatio
otter its to adapt it to the varying circumstances of the
. hut whatever he thought of that or any other men-
tea4l4.°l iie would not, like his opponent, call it damnable, or
ch to the people resistance against it. hi reference to
11,s political opinions, Mr. Ellice said, he was neither an
`ltra. Radical nor a moderate Whig. He promised that, if
elected, he would resign his seat whenever he was called upon
,4° to do by a majority of those he should have the honour to
-eP:esent:
Peke llow of hands when then called for, when a majority ap-
-41,1d in favour of Mr. Oastler. A poll, of course, was de-
!Pled on the part of Mr. Ellice.
4 ;it eight o'clock this morning the polling commenced with
Nr:t 'pirit, and Mr. Ellice speedily took the lead, which he
th,tntained throughout the day. It was reported about noon
tomeaout 100 voters were at the Crown Inn, in readiness to
diet forth in favour of Mr. Oastler, but that they " would
14:18. fitrst." Whether they eventually determined on stop-
btient n supper, or that they changed their minds, this depo-
-558 !nere.....
aonot say ; but at four o'clock this afternoon the num-
Por Mr. Ellice
.....
For Mr. Oastler 340290
That Majority for Mr. Ellice
—.50
the 4 milltU:bance of anY
2i, ,i.ti.ent;eman was accordingl " returned" in due form.
kind occurred; although, such was
the 4P_Prehenson of mischief, that a body of cavalry occupied
Theelglibourbood of the town ready for emergency.
~,Pltigh ofnuumber nowinally of qualified electors for the Bo-
ere hr . odd,ersfield is about 800; of these 630 voted, 100
PtieileVe.ntntneed disqualified, and 70 refused to exercise their
4 .........„,____
1441_ 13 if

'°ltsE.-071 Friday week a fine tlor.olungha-
gthilee:riatte horse, the property of Mr. J. B. I,ditz"Joasi
o,b.
''''veki ban r,esiiug at llillwood blouse, Ilempstea ,_
tin4rvaiid
f„t,,l, . Y the
betrolinro: in to be in a very low state, refu,sin,gteto.
symptoms of an unusual nature..
41(1.'i4jutrhgeei4°,1'.1,:zi171t€:1 sseitnt-upfo%,r,itphrehsiemr,ibed for the enimAal,7annd
%Ilia he did. Between
ttt'trT 2 "'clock the horse became exceedingly violent, kicking
,%rniTl irincling the with his teeth. The groom be-
4444._'',setbe'Re14'p,led.iinestanrntlayneg:lrled up a boy and sent him oil on
t,:_,'
so I._,C
iin, till
_surgeon, who on arriving declared the am-
%t qcstr„ c" nd that the best. tiling to, be done would be
.knee ~J, "n• Afr. Fitz john being apprised of the circu.rn, -
ill t1i.,,-,ruered the other horses to be taken out of the atiil.ile.
'labl„ -,"<;or to be fastened, alicin, entering the loft over the
tln, Laew'th a brace of duellingpistols, lie in destroy.tv „„;
..
Till t through
' 'inal lit the last shot, the ball past+oe. , k 4_, 0
l'hich ' ' It is supb
'''lii i L'va' kept in' ;I(ite. 11
that the horsewasbitten byeago, toga%
i li" "44 been- - 10 st,%uto about eight months,
ad Levu . destroyed in cons,iqpnce of a sustiyon that
1'155c0 bj a rabid dog in the tongti,t4/09(1*

SlR,—Had a Reform Administration consulted Sir Francis
in its Reform measures, we might be satisfied he would have
made a very different estimate of the strength of its character.
And to what an extreme will mortified vanity push a man,
when we behold Burdett cuddling into the bosom of the
Tories! And he thinks to hide his scandalous league under
love of country. But the ostrich buries his head in the dust,
and believes no eye sees.
It was the sentiment of a noble Caledonian, in the last
battle for liberty, according to Tacitus, that " recentissimus
quis que servorum ludibrio est." And has not the last deserter
to the Tories become a laughing-stock to three kingdoms ?
While even that servile faction will regard him as " novum et
vilem"—make a tool of him, and cast him aside. And as they
talk of revolution, Cobbett should have lived to see this day,
their young ally, " Old Glory," turned a Tory ! Ifihn Crow could
jump such a " turn" how he would bring down the applauses of
the gods, and create a character with a move by which Old Crow
has lost one. But compari4on is lost—'tis gross as a moun-
tain. Yet though the turn be sharp it is no change. The
mountain has moved, not our honest man. It is the Reformers
who have changed, not Sir Francis—" like men in a ship
fancying the shore in motion instead of themselves." But
perhaps the illustration had been more apt if the vain old man
had applied it to his own dereliction of principle, and his re-
volution from civil liberty, till, giddy by the vast " wheel
about," he sniffs at the Reformers, and jumps away to the
Tories, without an idea that the odour comes from him, arid,
lapsed into second childhood, that he needs a nurse to swaddle
and to sweeten him.
May 6.

ONE OF THE " PISMIRES."

THE WESTMINSTER ELECTION.

CORRESPONDENCE OF MR. THOMAS DeNCOMBE WITS{

SIR FRANCIS BURDETT.

( Copy.)
'' The Albany Court-yard, May 5, 1837.
" My Dear Sir Francis,—On every ground, public as well
as private, I trust you will believe me to be most anxious that
the coming contest should terminate in a manner not only satis-
factory to the friends of British freedom, but also to its long-
tried and venerated champion. It can scarcely be necessary
that I should remind the patriotic Member for Westminster of
the various occasions upon which it has been my good fortune
publicly to testify my respect and esteem for him as a political
leader. lam therefore mos: solicitous, before I range myself
on either side, that there should be no possible doubt remain-
ing on the following points:—You have stated that your prin-
ciples are unchanged, and it would be an impertinence to doubt
that statement ; but the difficulty that I experience in affording
you, and those friends who have asked for it, my co-operation,
consists in this, that'while I remember that you, who have al-
ways pledged yourself to support the extension of the suffrage,
the vote by ballot, the shortening of the duration of
Parliaments, the abolition of corporal punishment in the
army, the correction of church abuses, and, to adopt your
own eloquent expressions of 1819, 'the redress of those
grievances which tyranny has imposed upon Ireland, and
which maxims of state, equally odious and absurd, which
hypocrisy had long detected, but nevertheless practised, would
still endeavour to perpetuate,' have now, I perceive, for the
most prominent members of y-tir Committee, the decided op-
ponents of one and all of these and other questions known to
constitute the political creed of all sincere Reformers, both of
past and present times.

" I owe it therefore to my constituents, and permit me to
add, I feel that I owe it to myself, to ask you for an explana-
tion on the points alluded to, before I take any part in what I
must consider at the best a most painful political difficulty. I
know too much of my countrymen resident in the metropolis to
think that they will be satisfied with anything short of what I
feel assured you will be most ready to give, viz.—an explicit
avowal of your present opinions and future intentions, when-
ever the foregoing questions shall be mooted in Parliament ;
and lam equally certain, that on no light grounds of dif-
ference will they forget that, when Reformers were few, and
leaders scarcely to be found, Sir Francis Burdett offered not
only the more endurable sacrifices, but his personal liberty at
the shrine of popular freedom.
" Anxious, therefore, that in the course I may feel it my
duty to pursue, I may avoid charges of inconsistency on one
side, or of ingratitude on the other, let me entreat you to '
give me, at your earliest convenience, a frank and candid re-
ply; and believe me, dear Sir Francis,
" To remain your's very faithfully,
" THOMAS S. DeNCOMBE.
" To Sir Francis Burdett, Bart., &c. &c."

The Albany, May 6, 1837.
Sir,--In reply to your letter of yesterday's date, requesting
that you might be allowed to add my name to the list of the
General Committee appointed to conduct the election of Mr.
Leader, I beg to say that I delayed answering it until I re-
ceived an answer from Sir F. Burdett to a letter that I ad-
dressed to him yesterday, and of which I enclose you.a copy.
I am sorry to find that Sir F. Burdett is too unwell to write
an answer himself, but through Mr. Jones Burdett I have
received a reply, which I deem so unsatisfactory, that I can-
not hesitate any longer in acceding to your request to join
Mr. Leader's Committee, and to co-operate with you in any
way that you can point out, by which my humble services can
best promote the cause of real Reform.
I have the honour to be, Sir, &c.,
To T. DUNCOMBE
[We understand that the communication above alluded to,
which Mr. Duncombe deemed so unsatisfactory, was to the
effect that all Mr. D.'s inquiries respecting the sentiments of
Sir Francis Burdett were answered in the report of a speech
made by him on Friday night, and published in the Times
newspaper on Saturday morning, to which Mr. Jones Burdett
referred Mr Duncombe.]

The following letter from. Lord Robert Grosvenor, the son
of the Marquis of Wegtmimter to the Right Hon. George
Byng, is too important not "to be at once published :

" Leamington,. May 5, 1837.
" My dear Byng,—l am sorry that I cannot reply to you
as shortly as I could have wished. Suffering from ill health,
and being absent from the spot, I had much rather have taken
no part in the approaching contest for the representation of
Westminster. Your letter, however, requesting me to be
upon Mr. Leader's Committee, requires an answer, from which
I think it would be unbecoming in me, as a public man, to
shrink.

" Two candidates have offered themselves, from -both of
whom I radically differ; but as no third candidate appears
likely to declare himself, I 3111 compelled, in order to arrive
at .a decision as to which of the two I ought to support, to
put to myself the following interrogatories :—How will these
two gentlemen vote upon the great questions which now
almost exclusively occupy public attention ? The treatment
of the Irish people as aliens, or their admission to a full par-
ticipation in civil equality, with their Scotch and English
fellow subjects. The establishment of free institutions in
Spain, or, on the other hand, inquisitorial despotism. The
upholding our Church establishment by the peaceable settle-
ment of church-rates, or the endangering her stability, by the
perpetuation of, unseemly and discreditable contests. Lastly
the support of, or opposition to, a liberal administration.
" Upon all these questions Mr. Leader's opinion coincides
with my own;—Sir Francis Burdett differs with me altoge-
ther. Under these circumstances the conclusion is obvious,
and if you think these measures in which we agree can be in
any way forwarded, by placing my name upon Mr. Leader's
Committee, you are welcome to do so.
" I must request you to make this letter public, as it is a
duty I owe to my own constituents, on account of the hostility
I have always professed before them, and still continue to en-
tertain, towards those extreme opinions which Mr. Leader has
advocated.
" Might I trouble you also, at your leisure, to inform me,
as I am out of the way of news, who Sir Francis Burdett, the
present Tory candidate for Westminster, is ; and if he is any
relation to another Baronet of the same name, who was for-
merly the representative of that bornugh. and the severity of
whose sarcasms and attacks upon the Tories and the 'fury
Government scared their candidates from the hustings.
" Very sincerely yours,
" ROBERT GROSVENOR."
" To the Right Hon. George S. Byng, M.P.,
" Eaton-square, London."

LETTER FROM LORD W. BENTINCK TO SIR RONALD FERGUSON.
"My dear Sir Ronald,—l very willingly join the Com-
mittee formed for the purpose of carrying Mr. Leader's re-
turn for Westminster. Ido not know that at any time I should
have hesitated in giving him my support. I consider the
union and mutual support of all Reformers to be indispen-
sable to the safety and success of the common cause ; and
though Mr. Leader may carry his notions of reform farther
than I and others may deem expedient, still in our general
views we are agreed. We have acted cordially together, and
I hope we shall continue to do so, while the few points of
difference may well be left to the determination of time, and
the sober sense and good judgment of the country. But upon
the present occasion, it is no question of degree between the
political principles of the two candidates—it is Reform on the
one side, and absolute Toryism the other ; there then can
be no doubt what side to espouse, more especially when I ob-
serve that the main object of attack on the part of the oppo-
nent is the present Ministry, upon whose existence all our hopes
of accomplishing the great measure of reform now in progress
exclusively depend, and more especially that the needful and
important of all, the contentment of Ireland. The contest has
been designated by both parties as one of principle. Iso con-
sider it, and my best wishes and endeavours are therefore de-
voted to promote Mr. Leader's success.
" Your's sincerely,
"Park-place, May 6, 1837. "W. F. BENTINCK.
T 1

_ Ministerial Papers, hint week, made them-
selves very busy, coupling the names of Sir Franeic I3urdett
and Mr. Croker on several occasions connected with the pre-
sent contest in Westminster. TheiG gentlemen can have no
objection that the regard which they feel fur e4eli other in
private life should be generally known. It does them both
honour; but as the statements wa allude to are obviously made
for sown malevolent purpose, it may be as well to onto that
they are utterly false, and that it has so happened, from the
illness of the one, and ttiu viasNeoce of the other in the coun-
try, thht Eit Francis and Mr. Crokor have tl9l net; each other
fur these six months.
THE PEEIIAGE.—We arc not surprised at the
.fecal tieni4r4 for Mr. Lodge's Peerage. It is,
that the arms are itits.c.d4pfli certain] y, now
the most beautiful and correct
work of the kind that has ever appetta,.4l,
how whose communications it is printed, consider it may so be
inferred trui.: fact that a large impression has Leen ex-
hausted, and a further e,i;tic,;'i called for, which, front the type
being kept standing, has been immediatei,y
r 'O, All the
as well as professional persons, wjli t11:d
00, readiet, most useful, and exactest'of
Lodge's Peotkio
modern works on the subjeet,"-60,quit4r

The only business which occupied the attention of the Bench
this morning was the following case of
Cnuecu RATES.-Mr. Isaac Edmunds, of the High-street,
appeared to answer a summons issued at the instance of
Messrs, George Sterry and William Ridge, the Churchwar-
dens of St. Helen's parish, to show cause why he refused to
pay the sum of IL to which he had been assessed for a Church-
rate. Mr. Cameron appeared on behalf of the parish of St.
Helen's, and Mr. F. T. Elgie for the defendant
Mr. CAMERON sail he apprehended it would on that occasion
be necessary for him to merely show that the rate had been
properly granted, and demanded from the defendant. The
rate• book was then put in, from which it appeared diet a 24
months' rate had been granted at a vestry meeting, legally
called, and held on the 9th of February last, and that on the
following day (the 10th) the same had been allowed by the
Surrogate. Mr. Elgie objected to the process of proving the
validity of the rate from the book until it had been shown that
the vestry meeting was properly convened, and the notice
calling it, which was placed upon the Church door, produced
by the Churchwarden. Mr. Cameron said that he could prove
by the clerk of the parish that a vestry had been called in the
usual form, but the Churchwarden had not the notice which
had been placed on the Church door with him. Mr. Side.
bottom was of opinion that either was unnecessary, as it ap-
peared from the book that it was made with the approbation
of the Churchwardens, and signed by the Surrogate.
Mr. CAMERON then called Mr. Sterry, who deposed to
having demanded from Mr. Edmunds _the sum of one pound
as his assessment to the Church-rate in question. Mr. Elgie
requested to see the book containing the minutes of the said
vestry meeting, which was groduced. Mr. Sterry was cross-
examined by 3Mr. Elgie, and deposed that a rate had been
granted before the one bearing date the 9th of February, since
he had been in office. It was at a vestry meeting held on the
20th of June, 1836. He could not explain the reason of its
being called a twelve-months' rate. They sometimes granted
a twenty-four months' rate —it had been usual to do so, he be-
lieved, in St. Helen's parish. On the 9th of February last,
the parish was in debt ; he could not tell to what amount. It
was found necessary to obtain a rate for the repairs of the
Church and other purposes. The repair of the Church was
then in progress. He believed all the property in the parish
was included in the assessment which was made according, to
the grant of the 9th of February. Mr. Cameron here said that
he must certainly enter his protest against a cross-examination
of the nature of that now proceeding. Mr. Elgie had no
power, either by Act of Parliament or. otherwise, to take such
a course. It was not for that Bench to go into the validity of
the claim or the liability of the parties to pay—that was the
duty of the Ecclesiastical Court, and no other. It was not until
tl e passing of thes3d of George 111. that the Justices had any
power to entertain a subject of this nature at all, and now they
could not go into the merits of the case. He objected to the
coarse because he believed Mr. Elgie.was pursuing it merely
to extract evidence which he would probably produce in the
Ecclesiastical Court. He wished Mr. Elgic to show what his
intention was—if he objected to the rate let him say so, and
he should then know how to proceed, and the time 'of the
Bench would not be wasted by the course pursued bv Mr. Elgie.
Mr. ELME replied he had no right to answer Mr. Cameron,
and should net. lie contended that so long as his questions
were to the point he had a right to cross-examine. He did so
for the purpose of fortifying his objection. He not only stated
he was not liable to pay the rate, but also that he positively
had a bona fide objection ; and in support of his argument he
cited the case of the King against the Chapel wardens of
row and others. His object in the cross-examination was to
show something to manifest that he disputed it bona fide,
namely, by showing that the rate was a bad one, having been
made to meet expenses incurred. Mr. Sidebottom also re-
ferred to the opinion of Lord Ellenboroug,h in the case
above referred to of the King against the Chapel-
wardens of Milnrovv, in "which his Lordship had decided
that if the defendants in these cases pleaded non-liability to
the rate, and showed a reason for it, if not a valid one, the
Bench had no power of going into the 'merits of the case,
or to decide upon the liability of the party to pay the rate.
Mr. Cameron here objected to Alessi s. Elgie and Waters tak-
ing an extract from the parish book which had been produced
before the Bench, in which the Court concurred. Mr. Elgie
then put an item from the same book in evidence, but which
was not read, as Mr. Cameron again objected to the course,
contending that the Bench had no authority to enter into the
legality of the case or the liability of the party to pay the rate;
this was the province of another Court.
The Bench, taking the same view of the question as did
Mr. Cameron, Mr. Sidebottom called upon Mr. Elgie to show •
cause why he refused to pay the rate.
Mr. Elgie said he should put in a written objection, but pre-
vious to which he would beg leave to occupy the Ccurt for a
few moments. He expressed his regret that the apple of
discord had been thrown down in this city relative to the
subject of Church-rates. While much unpleasant feeling had
been manifested through disputes arising out of Church-rates
in other towns, their hitherto quiet city had escaped those
objectionable conflicts which litigations of this nature gave
rise to. It was a matter of regret to him to observe .
how great an objection had been shown to his (Mr.
Elgic'e) endeavouring, by his cross-examination of one of
the Churchwardens, to elicit what alone he wanted in this
case—the truth. Had his client been called to appear for
the non-payment of Poor-rates, then would the witness
have been compelled to answer his questions, but an unfair
advantage had been taken when the iron hand of a Church-
rate demanded a payment. It had been laid down by Burns
that it was illegal for any churchwardens to levy a two years'
rate at one time, and that for a most fair and substantial rea-
son, because it might frequently happen that some of the pa-
rishioners wore under the necessity of leaving the parish be-
fore the end of that period, and it would, under such circum-
stances, be most unfair to compel them to pay for so long a
period. It had been said that he wished to examine the church-
warden with the view to obtain evidence to assist him when
the case was taken before the Ecclesiastical Court; that, how-
ever, he must beg to deny, although he should be most happy to
receive a citation to appear before that Court to- morrow morning.
Mr. Elgie cited several authorities to show that a retrospec-
tive rate is bad, and quoted from Burns' Justice where it is
stated, " a rate, therefore, to reimburse churchwardens such
sums as they have expended or may hereafter expend, is bad on
the face of it, as in part retrospective." Mr. Elgie then con-
tended that the Magistrates had now no further jurisdiction.
By the Act of Parliament 53 Geo. 111. c. 127, under which
they acquired their right of jurisdiction, it is enacted that " if
the validity of such rate, or the liability of the person from
whom it is demanded to pay the same be disputed, and the
party disputing the same give notice thereof to the Justices,
the Justices shall forbear giving judgment thereupon." In com-
pliance with this enactment, and in accordance with the subse-
quent case of the King v. Milnrow, 5 M. and S., he had served
the Magistrates with a notice that he disputed the rate and the
liability to pay ; he had gone farther, and given them his rea-
son why he did so. Lord Ellenborough in giving judgment
in the last case said, " and perhaps if a person was merely to
say before the Justices that he disputed the rate, it would not
be sufficient, inasmuch as he ought to show that he disputed it
bona fide; but in the case then before the Court, the party
said in effect, I dispute the validity of the rate, and not only
so, but he gives his reason for it, which may perhaps be a bad
one, because he had no claim to or seat in the Chapel ; never-
theless the reason, however disputable its efficacy may be, was
grounded upon a matter which might be litigated in the proper
forum." Now he (Mr. Elgic) had given a reason, and he had
got out of the Churchwarden the fact, that at the time the rate
was made there was a debt. This, therefore; went to show,
that,. moreover, his reason wee a good one. In compliance
with the decision of Lord Tenderden in the King v. Wrot-
tesley 1 B. and Ad., he had served the notice of objection at
the proper time The Magistrates had entered upon and
heard the case, and were about to proceed to judgment.
Mr. Elgie concluded by trusting he had clearly shown that
the Bench had now no further jurisdiction in the case.
Mr. CAMERON replied. He remarked that basing had but
a short notice of the meeting he was then attending, he was
not prepared with a set speech, nor should he occupy their
time so long as the preceding speakihr, whose address he
thought all would agree with him in considering was botle ir-
regular and inflammatory. Mr. Cameron then went on to
state that certain expenses had been 'incurred in. repairing St.
Helen's church, and for the liquidation of which a subscription
was entered into, and an appeal made to the public ; but the
assistance thus afforded not being deemed adequate to meet
the outlay, it was considered necessary to raise a Church-rate.
The churchwardens had not spent any money out of their own.
pockets, nor had they involved the parish in debt ; the rate was
required to meet the current expenses, and from this circum-
stance arose the cause of their being before the Bench this
morning. It was the farthest from their thoughts to raise the
question involving the principle of Church-rates. Whether it
was oppressive on this class or that class of individuals, it was
not for hint to determine. It was at all events the law of the
land, and as such he considered it most prudent in all men to
submit to it. If it was altered, he should most willingly bow
to it. He conceived that on the present occasion they had only
to prove the legality of the rate, and then demand it. With
respect to waging war about Church-rates, he must again dis-
claim any such motive, and observe that if the gauntlet was
thrown down, it was by the defendant and his professional
adviser.

Mr. BENNETT, tl.e late Overseer of St. Helen's, begged to
offer an explanation relative to a twenty-four months' rate hav-
ing been made in their parish. It had been a practice to do
so from time immemorial, and even that rate amounted to 51.
in the pound only.
Mr. ELME replied with considerable warmth to the obser-
vations made by Mr. Cameron as to his having used violent
and inflammatory language, which were answered by that gen-
tleman in a similar feeling. Mr. Elgie begged to draw the
attention of the Bench to Mr. Cameron's assertion that this
rate was not bad, because, though part of the work had been
done, the Churchwardens had not paid for it, and therefore he
drew the inference that it was nut retrospective. But what
said Burns—" The rate should be made hejhre the expense is
incurred, because the propriety and extent of the repairs
should be detcrniinod before they are undertaken."
Mr. StnEnoTTom again referred to the opinion of Lord El-
lenborough in the case of Milnrow above cited, and read a part
in which his Lordship stated---“ That before the passing of
this statute (the :iiichat). 1271, the„ was o -
rnedy by summary appiniattoi., to the Ju=tices in case of non-
payme.lt of the Church-rate. It was intended by the statute
is question to give a remedy by summary application, but not
to itlYe4 !-,;f* tti‘9 rpf.,l4 witu a power wiueli belpgs
1,0 that pf deciding upon
validity of th fate It 01ty t§'fray it, t it
provides that if litre should be a puilose nhtitied by the party
%dm is brought before the Justices that he means to dispute
the ;.7!iditv of the rate of his liability, the Justices shall for-
' Iris is the point e they are to hold their hand.
ill 'a veroA was 4terciy` se), bqerv.ttle lestNee teat by dis'

I'MARKET SECOND SPRING MEETING.
This meeting takes place on Tuesday, Wednesday, and Thursday
next, but. does not promise anything very attractive. Tho only
races likely to have any influence on the Derby and Oaks betting
are the R. 31. and T.M.M. Plates, for which the entries have not
yet teen made.

YOUNG PICK POCK ET's LODGING.--The walls
and ceiling of the room were perfectly black with age and
dirt. There was a deal-table before the fire, upon which was
a candle stuck in a ginger-beer bottle ; two or three pewter
pots, a loaf and butter, and a plate. In a frying-pan which
was on the lire,
them, with a
eenid is•lll,E.iiiilc,nll was secured to the mantel-shelf by
a stung, some sausages were cooking ; and standing over
toasting-fork
vaned Jety, usin his
111,11: hand,
repulsive 'd
Was a
Tcry
?lfaced
was
obscured by a quantity of matted red hair. He was dressed
in a greasy with his throat bear, and seemed to
he dividing his attention between the frying-pan and a clothes-
horse, oven which a number of silk handkerchiefs were hang-
ing. Several rough buds made of old sacks were huddled side
by side on the floor ; and seated round the table were four or
rive boss, none older than the Dodger, smoking long clay
pipes and drinking spirits with all the air of middle-aged-men.
These all crowded about their associate as ho whispered a few
words to the Jew, and then turned round and grinned at Oli-
ver, as did the Jew himself, toasting-fork in hand.-0//o:4'
Twist, by Bo; in Bentley's Miscellany for May, 1,5:17.
His PRESENT MAJESTY WHEN A MIDSHIP-
MAN.—The Publication of Mr. Johnson Nealo's new novel
of '' Gentleman Jack" has again brought forwead the sub-
ject of this author's connection with the naval service, which,
it appears, goes back for some generations—his grandfather,
Walter Young, Esq., having been Captain of the Fleet, and
Rear- Admiral under the celebrated Rodney, when his present
Majesty, then a midshipman, served his country in the battle
with Compte La Grasse. The exclamation of the Count at
tsveaehig
sr mtair'ek a)b.°l eu nft& Prince
).Yr great personal' known.‘.bravery ainlddrnial
strictr
disci-
pline. Most of his youngsters were high in the service, and,
amongst the rest, the gallant and heroic S'ir
Mr. Johnson Neale is not unmindful of would seem,
for in " Gentleman belt" the .1 Itero of Acre" plays a most
distinguished part.
The following. anecdote appears in qr,c, ;;;* Paris
papers, the exactitude of ...es nut, however, appear to
be Oder, the well-known comedian, whose be-
nefit took place, a few nights ago, at the Theatre des Varie,e4,
sent a box to the Duke of Orleans on tkc.!s.;:easkon ; but as no
answer was returned Vi 4,13 presynrd ;he Duke'would not
t6ett~oz tray Applicattjons at t4e box oalce were numeretlN qr'
Re•e74ilediamoig the box.keepers—the greatest ef-
forts were made to find persons complaisant enough to y
iuld
their places, but without success. No one could be found suf-
ficiently cpurteous or courtier, to give up their
young Prince 1.‘..:!7 f„ ^c;l ;i4t-te .0440, 441414ttiolive•wii-•