The Sun.
London, England, 1837-01-16 00:00:00

This was an information filed against the Dean and Chapter
of St. Paul's, in order to procure a reference to the Master for
a scheme to appropriate a benefaction of Dean Clarke in a
manner consonant with the will of the founder of the cha-
rity. It appeared that William Clarke, Dean of Winchester,
in 1679, bequeathed by his will a collegiate estate in Essex, of
the annual value of 5001., to augment the incomes of ten poor
vicarages, four of which he named himself, desiring the Bishop
of London and the Dean and Chapter to select the remainder.
These livings were to have an increase of thirty pounds a
year each, and the surplus, if any, after paying the expense of
collection and management, was to go towards the rebuilding
and repairing of St. Paul's Cathedral, which had just before
been destroyed by fire. The four vicarages named by the
founder were Buckingham, St. Alban's, Maldon, and Stoney
Stratford. Those selected afterwards were St. Giles, in
Northampton ; St. Paul's, in Bedford ; St. Mary's, Guild-
ford ; and Dedham, Essex. These continued for a time to
receive the thirty pounds ; but, in consequence of the very
great increase in the value of the property, the income being
now 2,0401. a year, the trustees had for the last fifty years
paid the incumbents of the vicarage one hundred pounds a
year, under an impression that they thereby best consulted the
wishes of the founder of the charity, and that St. Paul's being
already in possession of a large building fund, no addition was
required to it out of the receipts of the charity. The relators
charged that surplus, after paying thirty pounds a-year to the
ten original vicarages, ought to be distributed among such
other poor vicarages, as the Master might approve-, the Dean'
and Chapter on the contrary maintained that it should go to
the building fuad of the Cathedral ; but a preliminary objec-
tion was raised, and the ten vicrages who had received the
bounty hitherto, and whose interest should be so largely ef-
fected hereafter, ought to be served, •and appear as parties to
the cause. •

Mr. Temple and Mr. Cooper appeartd in support of the re-
lators, and Mr. Loftus Wigram for the Dean and Chapter, it
being understood that, as Mr. Wigram, who is on the same
side, could not attend, the case was not to be opened for the
respondent.
The Loßn CHANCELLOR having heard Mr. Temple for the
relators, stopped the proceedings, and observed that he really
saw nothing to fight about. There never was a clearer case
than that the ten vicarages were to have only thirty pounds
each, and that the remainder was to go to St. Paul's. The
testator had actually foreseen that which had happened, that
there would be a large surplus, and be had left that to the
school.

Mr. Temple and Mr. Cooper said they were willing to sub-
mit to a decree to that effect.

Mr. Wigram had no objection, of course, on the part of St.
Paul's ; but there appeared to be a desire on the part of his
clients that Sir William Horne should be heard for the trus-
tees, and that the vicarage ought also to have an opportunity
to be heard.

The LORD CHANCELLOR thought that the appearance of the
Vicars would create a great and useless expense. He should,
however, refer the matter to the Master, to approve a scheme
on the footing now azreed to, with liberty to the trustees to
be heard on Wednesday, if they thought proper.

Several cases were Postponed, in consequence of the illness
of Counsel, and the Court rose before three o'clock.

COURT OF KING'S BENCH, JAN. 14.
WOOLFF V. W. T. L. TOLLEMACHE.

Sir W. FOLLETT applied for a rule to show cause why a
nonsuit should riot be entered in this case. This was an ac-
tion brought to recover the amount of a tailor's bill, brought
against one of the sons of Lord liutitingtower. It was tried
at the last sittings at Westminster, before Lord Denman, when
it appeared that a young man, described by the witnesses for
the plaintiff as rather shabbily dressed', had entered the shop
of the plaintiff in the Regent's Quadrant, and had ordered
some clothes, which he directed to be sent to No. 44, MOrti-
mer-street, that the clothes were sent there, that the young
man again came to the shop and ordered more clothes, like-
wise to be sent there, and that finally the person who ordered
the clothes was arrested in the plaintiff's shop for the value of
them. Upon this evidenceovhich constituted the plaintiff's
case, it was submitted to the Learned Judge that the plaintiff
must be nousuited, as there was no evidence to identify
the defendant with the person who had thus ordered the
clothes, no person being called 'from the house in Mortimer-
street. The Learned Judge refused to nonsuit, but gave the
defendant's Counsel leave to move upon the case as it then
stood, independently of any evidence which might afterwards be
offered. He now accordingly moved for the nonsuit, and con.;
tended that there was no proof to fia the defendant as the per-
son who had had the clothes.

Lord DENMAN suggested that, as the defendanthad pleaded
first, non assumpsit, and, secondly, had admitted that he had
bad the clothes, but pleaded that at the time of having them
he was an infant, he must be taken to haTO admitted his
identity.'
Sir W. FOLLETT contended that the two pleas could not thus
be put together—that they stood independent of each other,
and must be so considered, so that the plaintiff was bound
under the general issue to prove the contract before the de-
fendant was in the least 'degree called upon to make out his
defence, that from his infancy the contract was invalid.
The Court, in order to discuss this point, granted the rule.

BAIL COURT, JAN. 14.
THE LATE TOWN CLERK V. THE MAYOR AND TOWN COUNCIL

OF DROITIVICII.

Sir W. FOLLETT moved for a rule to show cause why a
mandamus should not issue to compel the mayor and town
council of Droitwich to prepare and execute a bond, guarantee-
ing to the late town clerk of that place an annuity, to which he
was entitled in virtue of his having held that office. It was
provided in the 66th clause of the Municipal Corporation Act,
that any town clerk losing his situation by the operation of that
Act, should be entitled to such compensation as the Lords of
the Treasury might see fit to appoint. The town clerk had
accordingly brought his case before their Lordships, and they
had ordered the mayor and town council to prepare and exe-
cute a bond, guaranteeing him a certain annuity in compensa-
tion for his services. They, however, had determined to act
upon their own view of the matter, and bad accordingly re-
fused to comply with the order of the Lords of the Treasury.
Their Lordships, though they had the power to fix the amount
of the annuity, had not the power to enforce the adoption of
the requisite measures for securing its payment. That Court,
however, possessed this power; and therefore he (Sir W.
Follett) now applied to it for a mandamus to compel the pre-
paration and execution of the instrument.
Rule to show cause granted.

COURT OF commON PLEAS, J. 14.

In several cues rules Nisi were granted for new trials.

This being the last day which the Court had fixed for hear-
ing motions for new trials, and Sergeant Wilde having been
absent several days in consequence of illness,
Mr. Sergeant I3OMPAS said that he had been requested to
state that Sergeant Wilde had appointed Mr. D. Hill to move
for him in the case of Knight v. Perry ; but that Mr. Hill
had been taken so ill that he was obliged to go home, and that
Sergeant Wilde had appointed Mr. Crowder to move the case
of Webb v. Rhodes, but tluit Mr. Crowder had also been so
unwell that he was obliged to go home.

COURT OF EXCHEQUER, JA X 4 14.

CANNON AND OTHERS V. WOOD AND OTHERS.

This was an action of trover by the assignees of a bank-
rupt to recover from the defendants certain goods alleged
to have been delivered over to 'defendants, who were cre-
ditors, after acts of bankruptcy had been committed. It was
tried before the Lord Chief Baron during the Last London
sittings, the jury finding for the plaintiff, subject to two ob-
jections raised by. defendant's Counsel—first, that the pro-
ceedings in bankruptcy were void, as no good petitioning
creditor's debt had been proved before the fiat issued; se-
cond, that 'the delivery was bona fide one in the course of
trade; and" 'was to be considered a payment within the mean-
ing of the:Bankruptcy Act, section 88, upon the last of which,
Mr. ERLE this day obtained a rule Nisi to set aside the ver-
dict and enter abonsuit.

SEVERN SAL MON.—The approaching season is
expected to be the most productive of this delicious table
fish that has been known in this neighbourhood for a length
of time, owing to the continued height of the Severn allow-
ing them to pass up the fords and over the weirs unmo-
lested, to deposit their spawn. Many have been seen in
the river, near this town, proceeding on their natural course.
Last week, as two fishermen were going up the river in a
boat, near the Eel Head, they observed something on the
bank, and, on going to the shore, they discovered that de-
stroyer of the finny tribe, a large otter, in the act of devour-
ing a salmon. On their approach the otter immediately
sprang into the river, when they secured the remaining part
of the fish, about 81bs., uninjured. From appearance they
suppose that the fish, when .whole, must have weighed from
181bs. to 201bs.—Salopian Journal.

GEOGRAPHY OF PEaSlA.—Prince Malek Kasen
Mirza, one of the nephews of the King of Persia, has
written to the Geographical Society of Paris, of which be
is a member, stating that be has just completed a map of
some countries of Persia, the boundaries of which have
been hitherto not accurately defined, through which he lately
travelled. He expressed a hope of visiting Europe shortly,
when he will himself present his work to• the society.—
French Paper.

W. Day, Esq., of the Little Hermitage, having sig-
nified his intention of giving the sum of one shilling to any
person who would apply ter the same, whether married,
single, or widow, be distributed that sum on Saturday last
to upwards of 500 applicants, employing a person at the
same time to write down the name of every individual par-
taking of his bounty.—Kentish Observer.

GENERAL ASSOCIA'I'ION.
There was a very crowded attendance at.thc Corn -Excbangc
yesterday, Mr. Cahill, barrister, in the ch.lir.
A great number of communications naceived by the Secre-
tary since the last day of meeting were read, amongst which
was one from Mr. Monaghan, barrister, re questing to haVe his
name withdrawn from the list of members in consequerm'e of
a discussion which had taken place at th e last meeting, in
which some opinions bad been promulgate •d, impeaching the
conduct of the writer, together with that of several other libe-
ral gentlemen in the same profession, for 'waving in the legiti- '
mate exercise of their avocations signed somoiithe declarations.
Mr. O'CONNELL, in proposing that, as a mark of personal
respect towards Mr. Monaghan, his letter silould be inserted
on the minutes. commented in terms of strong censure upon
the discussion which had called forth the-letter.

Several new members were then proposed and admitted,
their subscriptions handed in, and their letters read-
Mr. O'CONNELL, in proposing the admission of the Rev.
Mr. M'Ardle, a Roman Catholic clergyman of a parish in
Tyrone. took occasion to advert to some sentiments delivered
by the Marquis of Abercorn at a late Orange gathering which
took place in that county.
Mr. O'CONNELL observed, that he never advised any man
not to pay tithes, but he himself never paid any. There was
already a decree against him by one parson who has in his
parish 28 water-guards, and. 8,000 Roman Catholics, and there
was another parson now proceeding against him. He (Mr.
O'Connell) would not pay the tithes demanded from him ; he
would let them sell the bed from under him, but he would
user pay one penny.
A motion was then carried, that a copy of the subpcena
served upon Mr. O'Connell should be posted upon the walls of
the Corn Exchange.
Mr. O'Connell handed in 211. from the county of Ros-
common. _ _ _ . .

Mr. Beaumont was here introduced to the meeting, but it
was a considerable time before he could reach the chair, the
crowd was so dense. He was received with loud cheering.
Mr. O'CONNELL said, that the Hon. Member for Northum-
berland desired to address some observations to the Associa-
tion, and he felt confident, from his political conduct as an
En lisp Reformer, that his views would be interesting and
original. _ _

Mr. 6RATTAN—There were eight motions for to-day : first,
an adjourned debate upon the poor laws ; secondly, Mr. Sheil's
motion respecting the Longford election, and the Conservative
meeting ; and also four motions of the member for Kilkenny.
Mr. o'Coteeete. stated, that a report upon the subject of
the Poor Laws had been agreed upon by the Committee,
which would be submitted to the meeting. Every gentleman
who had the right of speaking bad waved the right of speak-
ing, except the Rev. Mr. O'Malley, who was to reply.
Mr. LAWLESS—I have not waved my right.—(" Hear,"
and laughter.)
Mr. O'CONNELL.--I thought Mr, Lawless had consented,
but he also is to speak. Every adjourned debate is the test
in the proceedings, and the other motions are to come on in
their turn. At present Mr. Beaumont has the liberty of
speaking.
Mr. Beam:wee then addressed the meeting to the following
effect :--Any person who contemplated the state of Ire-
land would be of opinion that the great portion of the popu-
lation of Ireland were little better than slaves.—
Hedoubted whether his country's liberality was praise-
worthy, when .20,000,0001. was paid for the emancipa-
tion of the blacks, while the white slaves were at its doors.
He intended to move an amendment to the King's Speech at
the opening. of Parliament, recommending that an abolition
of tithes should take place, but he did not suppose that the
amendment would be attended with success. He also pro-
posed giving notice, upon the earliest day, of his intention to
bring in a Bill for effectuating the same object. If any
difference should arise upon the amendment, Hon. Members
would afterwards see the whole details of his Bill. He would
set himself heartily to redress the wrongs and woes of Ire-
land. He had once thought that Poor Laws would
have been a panacea for this country ; but they
would only afford a bone of contention, until a
system of perfect equality was established. A great
question had been raised as to whether the Radicals in Eng-
land were strong or not. He must pronounce them to be con-
temptible. The Whigs were honest in their intentions, but a
little more courage would do them no harm at all. With re-
spect to the Church question, the English people considered it
one of pounds, shillings, and pence, rather than of principle ;
and they imagined that both sides were grasping for the ad-
vantage, the one side with the other. Mr. Beaumont observed,
that upon the question of the payment of the Clergy he di, fered
with Mr. O'Connell. That gentleman seemee to think that
the Protestants of England would be unwilling to be taxed for
the payment of the Catholic clergy. But the day of Protestant
bigotry was gone by, and they no longer believed that if a
Catholic came to their country he would endeavour to subvert
the Church and State. The English Protestants would con-
sent, if they were required, to be taxed for the purpose of mak-
ing an endowment for the Catholic clergy. The people would
be induced through their interests, and an Englishman was
as sharpsighted to his interests as an American, to adopt any
measures which would tranquillize this country, and make it
profitable for the investment of capital. There was a pre-
liminary question connected with religion, that respecting
the payment of the Catholic clergy by the State, and he
hoped the day would come when they would feel no reluctance
to receive the taxes from a Protestnnt country. He was
aware that a difference of opinion existed among the Catholics
upon the subject.; and he had dined with an exalted dignitary
of the Catholic church when different opinions were expressed
by different persons. He (Mr. Beaumont) was a Protestant,
and be did not think he was offering any injustice to the religion
of the Roman Catholics when he offered them the same advan-
tages he offered to his own church. Mr. O'Connell might not
in his peculiar situation, have been enabled to second the amend-
ment to the address, calling for the abolition of tithes; but
Mr. Fitzstephen French, a gentleman of moderate polities,
would second the amendment. His opinions were so tempe-
rate, that the Aristocracy of England would not be alarmed
or fear that the Radicals were engaged in the matter. They
would rather see an elephant in their bed-room than a Radical.
The Hon. Member after observing that the present Adminis-
tration should be kept, in power, and that in advancing the
opinions he had p-rortounced he was not embarrassing them, but
rather aiding them, concluded by thanking the meeting most
sincerely for the kindness with which they had heard him.
Mr. O'CONNELL said—With what Mr. Beaumont had said
relative to the abolition of tithes he fully agreed. Their prin-
ciples on this head were the same. He agreed with him also
on the point of religious equality. He would be ever opposed
to ascendancy; and if a Catholic church sought for it to-
morrow, he (Mr. O'Connell) would be one of its most deter-
mined opponents. He would resist it as strenuously as he had
battled for equality. He had been blamed for saying, in his
letters, that religious inferiority was one of the chief treasons
of the discontent. If it was not the cause itself, it was the
cause causans, the cause and the main sinew from which all
the waters of bitterness which overflowed the land proceeded.
—( Hear.) He had seen in The Sun Newspaper, which he
had received that day, the following paragraph, which he would
read to them

" Now we put it to Mr. O'Connell himself whether he does
not remember to have asserted, in his two letters and public
appeals to the English people. within the last seven years,
that the solo ca,use of the evils of Ireland was entirely re-
moved from the relative conditions of Catholicism and Protes-
tantism in that country? Did he not deliberately assert that
the Union—' the accursed Union'—between Great Britain
and Ireland, was the sole cause' of Irish misery, and that
never till it was dissolved could Ireland become prosperous
and happy ?"
Now, continued the Hon. and Learned Gentleman, that I
asserted the sole cause of tise evils of Ireland was entirely re-
moved, is untrue, for I could not say so. It could not he as
long as one sect assumed a superiority over the other. While
the .maddenings occasioned by the conduct of the favoured few
continued—while tyranny was practised, which could only pa-
rallel the bloody atrocities of the tyrant Nicholas in Poland—
the thing was impossible.--( Loud cheers.) Was not the
Union accomplished by this very religious inequality ? If the
people of Ireland had been united would that atrocious mea-
sure pass ? and, I candidly confess, that though I am now
making an experiment to render it not a mere parchment
Union, but one in reality, yet my own conviction tells me I
shall not succeed.—(Loud cheers.) That I said also Catholic
emancipation would make Ireland happy I deny ; there arc
many in this room who heard me say I looked upon it only
as a means to an end, and that I agitated with ulterior views.
( A voice in the room—" I heard you one hundred times say
so.")
Mr. O'CONNELL continued—Yes, Sir, one hundred times
have I said it in this room. Mr. Sheil was examined before
a Committee of the House of Commons, and he declared that
emancipation would make Ireland tranquil and happy. But,
Sir, I never expressed myself so. It is impossible I could do
it. The writer of this article continues—" Did he not in 1835
say Orangeism was the sole cause of the degradation of Ire-
land ?" Ido not think I said this, bat if I uid, was I not
right ? Has not Orangeism been the curse of Ireland, and
from what source did it spring, but that of religious inequality.
He would now come to another part of Mr. Beaumont's speech
—the payment of the Catholic clergy. —( Hear, hear.) That
was a proposition he never would listen to. The Catholic
clergy disclaimed payment. The Catholic laity would not suf-
fer it. He would then submit to Mr. Beaumont, if the very
chief cause of all the dissatisfaction in Ireland proceeded from
religious inferiority, whether they could with any degree of
consistency call upon others to pay their clergymen. Let
every man pay his own clergyman, as he did his lawyer or
physician. This was the only thing which could bring last-
ing peace to the country. For his part, lie would never sub-
mit to that adulterous union between church and state,
which might have been necessary at one period for the
preservation of literature, when the mail clad aristocracy,
though they could very .cell hew down an enemy with the
sword, were so deficient in knowledge as not even to be able
to write the names of their victims.—(Hear.) The connec-
tion then might have been useful, but in the present state of
society it was' thing which should be reprobated as equally