The Sun.
London, England, 1854-02-07 00:00:00

_
AN. -.LA' 1 'AL ilv Ur, rzBitITAR-Y 7, 185 4.

would go with him into consideration of the oaths now
taken, he thought they would agree with him it was
almost a profanation for persons to bind themselves be-
fore Almighty God to certain matters which had no rela-
tion to the existing state of things. The oath of alle-
giance no man could reasonably object to ; but the second
was framed to meet certain dangers, which it was.
hardly necessary to gap did not how exiit: C arose
est of the well-known contest between Henry the
Eighth and the See of Rome on the subject of the
supremacy of the Crown of the country. The whole
was well stated by one of the
patter, in this respect,
greatest orators who ever adorned this house, Lord
Plunliett, whO' said in a speech which he delivered in
Parliament in 1823 :—" At the period of the Reforrea-
tien three nrinciples were operative- The was the
unalienable establishment or the Protestant religion in
these realms, as far as human regulation could affix per-
Fitanepcs. The second was to put down and pro7en‘ the,
exercise of all religious professions asl cohtunaacious
which were at variance with the religion en established. .
14e third was to give the State the power of digtir,oislk-
ing the well-affected from th disoriented, and to disable
and disqualify the latter from being admitted into its
4iab, offices. Qf those princielea the first 7;s OA() most
important and was Inalienable ; the second, after having
been contended against for three hundred years, was at
length abandoned by the repeal of the law against
recusancy 1 the third was intended as a test to separate
the well-affected from the disaffected, and for that
purpose the oath of supremacy was framed." Flc
(Lord J. Russell) held it wrong to expect any one
at this day to take that part of the oath of abjura-
tion which stated that princes excomn-ouleated
ought to be deposed, because no one at the present
day believed any such doctrine. (Hear.) With re-
gard to the next part of the oath, whiob, declared that
no foreign prince had any authority whatever in this
kingdom, the Roman Catholic refused to take that oath,
declaring that the Pope had spiritual authority in this
realm. What was the consequence 1 They had relieved
the Roman Catholics from that oath, and it was left still
incumbent upon Protestants to take it. With regard to
the part of the oath of abjuration, which related to the
desceedants of James the Second, was it not a mockery
to keep up such form of oath nowwhen it was wellknown
that there was no such descendant existing anywhere ?
What he meant to propose to this house was, to get rid
of those superfluous oaths. In the days when the roads
were unsafe, gentlemen rode out in armour to defend
themselves from the dangers of the roads—at the end of
the last century, when a gentleman went out in his post-
chaise over Blackheath, he went armed with a brave of
pistols, to defend him from highwaymen. Now, by our
police and other improvements, this was totally unneces-
sary, and he asked the house to act with respect to those
oaths as they did in the matters of every-day life. Tko
noble lord thee read the form of oath which he wished to
substitute for the oaths now in use. He only fiirther wished
to consider whether this oath was to be applied to Roman
Catholics. He thought that part of the oath which
said tit Princes excommunicated may be deposed was
an insult to Roman Catholics, and need not be coetinned
—(Hear, hear.) He thought the part of the oaths which
related to the settlement of property might also be done
away with as eeeailed for. With respect to the part of
the oath which related to the Church Establishment in
Trelanu
3, he was of opinion that no member of this house
should be debarrets from giving his vote unon any
matter which was brought y forviard in the house
in any manner in which his conscience might
dictate. (Loud cried of hear, hear.) With respect
to the words, "On the true faith of a Christian," it was
well known they were introduced, not against the Ro-
man Catholics, but for the purpose of excluding persons
of the Jewish religion. They were intended for the
purpose of binding Roman Catholics, and more especially
those of the Jesuit persuasion, more securely to
that which was the substance of the oath—namely,
due allegiance and submission to the authority of
the Crown. The noble lord quoted Mr. Baron
Alderson's opinion on the subject, who declared that it
would be much more worthy of this country to exclude
the Jews from Parliament by some direct enactment,
than by a part of an oath which the Legislature never
contemplated as applying to them. (Hear.) On those
grounds he moved that Mr. Speaker do leave the chair.
Sir F. THESIGER said he did not intend at present
to offer any objection to the introduction of the bill of
the noble lord, but he thought that at this early stage
of the measure it was but right to make some
observations, because he thought the measure involved
a very grave point of principle. He (Sir F. Thesiger)
was quite willing to abolish a part at least of the oath
of abjuration • but when the Roman Catholic Relief Bill
was passed, Sir R. Peel said it was an oath to which no
Roman Catholic could offer any valid objection ; but he
(Sir F. Thesiger) said it was rather startling for the noble
lord to come forward now, 24 years after that bill
pased, and, with recent experience, to ask the house to
abrogate entirely the safeguard in the Catholic oath
against invasion of the Protestant religion.—
(Hear.) He said the noble lord's measure invaded one
of the securities of the Protestant religion, because it
went to weaken the Queen's supremacy, which was one
of the keystones of the Protestant religion. (Hear.)
The house then went into committee, and a resolution
was agreed to on which to found a bill for the alteration
of those oaths.

The house haying resumed, the bill was brought in,
read a first time, and ordered to be read a second time
thai; day three weeks.
On the !notion of Mr. I. EtrrT, seconded by Mr. SAD-
LEIR, a committee was appointed to inquire into the
allegations contained in the petition of John Patrick
Somers, Esq., in reference to the Sligo borough election.
The house soon after adjourned.

RAILWAY INThLLIGENCE.

SHREWSBURY AND HEREFORD.

The ordinary half-yearly meeting of this company was
held at the Lion Hotel, Shrewsbury, on Saturday; Mr.
Ormsby Gore, M.P., in the chair.
•The report, of which the following is an abstract, was
read by the Secretary. It stated that the directors have
received from Mr. Brassey the rent for the six months
ending the 31st December last, after the rate of three
per cent. per annum on the share capital then called up,
interest on the borrowed money having been also de-
frayed by Mr. Brassey. The directors recommend that
a dividend for the past half-year at the rate of 3 per cent
per annum be declared, free of income-tax, and to be
payable on the 15th inst. Up to the time of opening the
line to Hereford, on the sth of December last, the re.
eeipts from the traffic on the line continued to increase
satisfactorily. Since that time the average receipt per
mile over the whole line has decreased, but the directors
believe that when the communication has been perfected
with the South Wales district, and the mineral and
other traffic been more fully developed, the expecta-
tions entertained respecting the line will not
be disappointed. A bill has been introduced into
Parliament to sanction the lease to Mr. Brassey, on the
terms already approved by the shareholders. Powers
will also be sought from Parliament for the construction
and management of joint station at Hereford, with the
Hereford, Ross, and Gloucester Railway Company, and
also for the purchase of land required for additional sta-
tion accommodation at Shrewsbury and at Hereford,
and to authorise the conversion, at such time as may be
beneficial, of the borrowed money into share capital.
Subject to the settlement of details respecting rates and
tolls, the directors see no reason to object to the bills
for an alteration of Severn Valley Railway, and
for the construction of a railway from Leominster to
Kington.
From the statements on capital account, it appeared
that the total receipts up to the 31st of December,
1853, were 488,0671. Is. 4d., and the expenditure
452,8921. 16s. 7d. ; there is a balance in cash at
banker's of 9,2891. 18s. 2d.
The CHAIRMAN then reviewed and explained the prin-
cipal points of the report, and concluded by moving its
adoption.
In answer to the questions of a SHAREHOLDER,

Mr. ROBERTSON, the engineer, said the arrangement
was that all bridges over the line should be made for a
double line, and they were so ; as were also most of the
bridges over which the railway ran. He, however, asked
that the tunnel at Dinmore-hill might be made for a
single line, because he knew that at any time when re-
quired the tunnel could be made for a double line, at an
expense of 201. per yard.
A SHAREHOLDER—At the expense of the contractors?
The CHAIRMAN—Certainly not.
Mr. ROBERTSON explained that the contract was for
a single tunnel, and that it was paid for as a single
tunnel, and that shareholders were under a wrong im-
pression.
The subject here dropped, and reference was again
made to a want of supply of coals, owing to inadequate
accommodation at the Leominster and other stations on
the line. This was attributed to certain privileges en-
joyed by Mr. Brassey.
Mr. PEELE, solicitor to the company, read a clause
from the act, which gave every person the right to con-
vey coals along the line ; and Mr. Grounds, of the
Littleshall coalpits, said they were prepared to supply
any quantity to any person who might require them.
The CEAIRMAN expressed the determination of the
directors as far as possible to prevent any description of
monopoly.
The report was then adopted, and a vote of thanks
having been carried to the chairman, the meeting sepa-
rated.

LAW INTELLIGENCE.—Feb. 6

COURT OF QUEEN'S BENCH.
The court disposed of some cases in the new trial pa-
per, none of which presented any materials for a report.
PAYMENT OF SPECIAL JURIES.--MR. C. DICKENS.
The record having been withdrawn in the first case
on the list, Lord Campbell said he thought the gentle-
men who had been summoned on the jury ought to be
paid the fees allowed by law, as it was not fair to send
them away at the last moment without payment,
Amongst the names of the gentlemen who had been
summoned was that of Mr. Chas. Dickens, who did not
answer.

Lord Campbell said that if Mr. Dickens' great Chan-
cery'suit had been still going on, he certainly should have
ewnsod Win, but as it was he thought Mr. Dickens might
have done them the honour of attending, to see how they
got on at common law.

MORSE AND WIFE v. HAIG.
This was an action brought by a gentleman of proper.
ty, living at Drayton, in the neighbourhood of Ealing,
to recover damages for slander alleged to have been ut-
tered by the defendant, who had married the, widow of
the Iztte Mr. Ducrow, and who live 4 'lca; the plaintiff,
respecting Mrs. Morse.
The slanderonq wow la irnprited to the plaintiff were of
a very ind,ecaut character, and the details of the case
were altogether unfit for publication.
It resulted in a verdict for the plaintiff—damages,
5001.

COURT OF COMMON PLEAS.
HOPKINS V. TANQUERAL—A HORSE GASH.
This was an action to recover damages from the de-
fendant upon the ground that he had sold a horse to the
plaintiff upon a warranty of soundness, which had sub-
sequently turßed out to be unsound,
Mr. Serjeant Byles and Mr. Hawk;:ns appeared for
.
the plaintiff, and Mr. Edwin Ja)::Les, Q. ,
c. avici
Lush for the defendant.

The facts of the case are shortly these, The plaintiff
is a stock broker, residing at Balhe,rn-hill, and the de-
fendant is a merchant is Lime-street, and both gentle-
men are in the habit of following the hounds. In the
early part c 4 last year the defendant was about to sell
some of his, horses by auction, and whilst he and the ,
plaintiff were dining together at the Parthenon Club,
the intended sale was spoken of, and one of the horses
in particular, California, was mentioned. The plaintiff's
account was, that if he had not already bought so many
horses he should like to buy California, and he asked if
he was sound. The defendant said he was perfectly
sound. The sale was to take place on Monday, the 30th
of May, and en the Sunday afternoon preceding, the
plaAntei4 went to Tattersall's to look at the horses, and
he remarked that California was the only one that would
carry hitu over the vale of Aylesbury. The plaintiff
was then going to look at him, when the defendant said
You have nothing to leak fox_; assure you he is per-
fectly sound i,; every part," and the plaintiff replied,
"If yor, hay. so, I am satie&cel." The defendant, in his
evidence, denied, that any allusion had been made at the
Parthenon to laie soundness of the horse, and as to
what took place at Tattersall's his version of it was this.
The plaintiff came up to hieea and said, "I have been
looking at your horsee, and I have not seen a nicer lot
together for wee time," and he, also said he
sbenlcl like to, buy California, and asked if ho was
sound. The defendant replied, " Yes ; to the best of
my knowledge ha is perfectly sound ; he has not shown
symptom of unsoundness since I have had him."
Afterwards he went bate the stable and saw the plaintiff
upon his knees examining the horse, and he said, "Halloo,
you are trying to find out the screws ; you will find it all
right." The plaintiff bought the horse for 2941., and
subsequently there was a conversation between the par-
ties at dinner, and the defendant offered to back Califor-
nia against any horse in the plaintiff's stables, and the
plaintiff backed the Farmer's Friend against for him for
501. half forfeit. As part of the arrangement, California
was sent to Mr. Baker to train, and he found that the
horse was unsound in the near fetlock joint, through a
disease of the suspensory ligament. The plaintiff and
defendant agreed to refer the matter to Mr. Al! putt, and
he gave his opinion in favour of the plaintiff; but his
award was by consent withdrawn, and 'another reference
was made to Messrs. Mortimer, Hall, and the Hon. Mr.
Grimstone ; but they differed upon a point of law, and
made no award. California was sold afterwards for 144
guineas, and the present action was brought to recover
the difference between that sum and the 2941. which the
plaintiff had given for him. It was not imputed to the
defendant that he had made any wilful misrepresentation
as to the soundness of the horse, and as to what took
place as to the soundness, it was admitted that each gen-
tleman was desirous of giving the correct version of it,
the only question being which was the most accurate in
his recollection. As to the unsoundness, evidence was
given for the plaintiff that California was unsound at
the time of the sale ; whilst on the other side the evi-
dence was that he was sound then aril was sound now.
In this conflict of evidence it was proposed by counsel
that the horse should be fetched up from Northampton.
shire, and that the foreman of the jury should ride him ;
but the jury intimated that they were not desirous of
seeing the animal, and so the trial went on.
His lordship left it to the jury to say—ast, Whether a
contract of warranty was embodied in the contract of
sale of the horse ; and, secondly, whether at the time of
the sale the horse was afflicted with unsoundness, In
the course of the case a question was raised whether, in
any view of the case, what was said amounted to a
warranty, the sale having been by auction, and nothing
having been said by the auctioneer about a warranty, and
this point was reserved-for the consideration of the court,
The jury found for the plaintiff upon both questions--
damages, 1.421.165,

COURT OF EXCHEQUER.
The court sat in banco to-day and disposed of some
cases in the new trial paper, neither of which, however,
were of a nature to call for a report.

(Sittings at Nisi Prius—Before the Chief Baron.)
GRAY V. WILLIAMS.-TRESPASS.

This was an action of trespass for the removal of a
hothouse by the defendant belonging to the plaintiff at
Tunbridge Wells.

It appeared that a market gardener called Sweet
having got into difficulties, an execution was put into
his premises, when the defendant, a creditor agreed to
pay the amount upon Sweet executing a deed to insure
its re-payment out of some money which he was about
to borrow. The plaintiff had at the time partly erected
a hothouse for Sweet, but as soon as he found him to be
in difficulties, he commenced pulling it down again.
The defendant, however, interfered to prevent plaintiff
from removing his materials, and employed a policeman
to insist on their being kept on the premises.
These facts having been proved, the learned judge
told the jury that, until the plaintiff had completed the
hothouse, and thereby fulfilled his contract, and delivered
over the building to his employer, the property in it did
not pass to Sweet, and the defendant had no right to have
interfered to prevent the plaintiff from removing the
materials.
Mr. Sergeant Wilkins and Mr. Bovill appeared for
the plaintiff ; and Mr. Bramwell and Mr. Rose for the
defendant.
The jury found a verdict for the plaintiff, damages 121.

ARCHES COURT.
(Before Sir John Dodson.)
CHESTNUTT V. CHESTNUTT (CLERK).
In this case the Rev. Gilbert Chestnutt, who had been
divorced in the Consistory Court on the ground of
cruelty, applied to be admitted a pauper, in order to
prosecute his appeal against the sentence of the inferior
court.
The court admitted the application, but said that if
the wife chose to object, and was able to show sufficient
cause, he should dispauper him again.

INSOLVENT DEBTORS' COURT.
(Before the Chief Commissioner.)
IN RE JAMES HAYNES HAYNES.
This case was further heard and again adjourned. It
occupied the court until past six o clock, and was not
sufficiently advanced to give a report.
Mr. Sargood, Mr. Lucas, Mr. Sleigh and Mr. Prentice
appeared as counsel in the case.
The case was adjourned for further evidence.
(Before Mr. Commissioner Phillips.)
IN RE H. ROBINSON.
This insolvent only had one creditor of 221. for rent.
He had 1/. a week, and the creditor wanted a small sum
set aside. It was a hard case for him, and he would
take ls. a week.
Mr. Commissioner Phillips doubted whether the Pro-
tection Act was intended for such a case. The insolvent
must pay U. a quarter into court.
The case was adjourned with protection.

SPORTING NOTES.

MANY MATTERS.
The programme of the meeting which is appointed to
take place at Derby to-morrow scarcely requires
discussion. It presents no attractive or important
"feature," although its fair promise of sport is likely to
be fulfilled. Of the six events appointed for decision,
the Midland Steeplechase only has occasioned specula-
tion. For that race Diana has been somewhat spiritedly
supported, but the betting has not been exclusively con-
fined to her, several investments having been also made
on Victress, Daphne, The Trout, Spring, and Needwood.
Whether the movements in the turf-market afford any
trustworthy criterion as to the comparative chances of
the above-mentioned animals, I will not undertake to
determine, for at present it is impossible to tell how far
speculation is, or may be, regulated by the " squaring
system." At Derby Ben Land will doubtless be "among
them." In addition to her engagement for the Midland
Steeplechase, Victress has two others, and it is therefore
uncertain for which race she will be intended. Metro-
politan turfites will, with few exceptions, leave London
by the quarter-past nine o'clock train on Wednesday
morning, and will arrive at Derby in ample time to
" assist" at the celebration of the meeting. MI suit
their convenience im this respect, the committee will, per-
haps delay the time of starting half-an-hour, but ever.
this arrangement may be deemed scarcely necessary. for
the first event will be an uninteresting match for 2,1.0 goys.
Attempts to take the "shine out" of the Sf'.ar of Sur-
rey appear to be inerdhetual. In the dim ar-do, of specula-
tion on the Ches
;ter Cup he still rises e'Aeadily and with
inc:-eased att;.action. At Tattersar:il, to-day (Monday)
DLO to 1 7.. as freely booked about
him. A reaction, too,
be7:ll in favour of Newmirsier ; the opinion, therefore,
which I stated on Fi:id!..y, to the effect that he would
again occupy a prop? Anent place in the list of quotations,
is likely to be borne out sooner, perhaps, than I expected.
If well and intended, Newminster will be a most formi-
dable competitor, At present lam inclined to believe
that he will 'de the sole and trusted representative of his
Powerful "stable." Nabob, too, is advancing steadily
in popularity, and his running last October renders his
title to support incontestible. Should my information
1 he correct, however, the outside division contains the
"coming" horse.
Royalist is still the leading favourite for the Metro-
' pelitan Stakes, on which the netting is too limited in its
range to require more than a brief remark. Muscovite,
who has at times been in some demand for the Chester
Cup, lsy, it is hinted, now likely to make his grand and
lain* expected coup in Surrey. He is handicapped for
the " etrop " at 7st. 71b.—only 11b. lighter than for
the Chester Cup,
Miss Mowbray again figures with seeming steadiness
in the betting on the Liverpool Grand National Steeple-
chase, Still many persons display a lack of confidence
in, ihe ultimate "intentions" of her party that is not a
' little perplexing and discouraging. That the mare is in
sound health and good condition is not denied, but still
the whispers to " hedge" are not silenced.
The rumoured retirement of the Duke of Richmond
from all active participation in the sport of horse-racing
was founded in truth. Messrs. Tattersall have received
instructions to sell, by auction, the remaining portion
of his grace's thorough-bred stock. The sale was, I
believe, appointed to take place on the 14th instant, but
circumstances have rendered its postponement necessary.
In the Duke of Richmond the turf will lose a staunch
and true supporter, and sporting men of all grades and
conditions will regret the retirement of a nobleman
whose name has been so long and honourably associated
with all that belongs to the purer part of our national
pastime. A FRESH MANS
February 7.