The Sun.
London, England, 1836-12-03 00:00:00

THE SUN, LONDON, SATURDAY, DECEMEER 3, 1630.

may resort with advantage to themselves and the coun-
try. The second in our order of mention is a well rea-
soned statistical article, characterised by considerable
ability as well as hv much labour and thought. Be-
tween the Andrew Marvell and the Hon. Member for
Hull, a similitude is noticed :
" Andrew Marvell and Colonel Peyrronet Thompson,
both natives of Hull, are each Members of Parliament sui
generis. Marvell—a man of incorruptible integrity, a
stanch lover of freedom, possessing a very superior under-
standing and an elegant fancy ; learned, witty, accomplished ;
the bosom-friend an protege of Milton, and not unacceptable
to Charles 11. and his gay courtiers—was, in his own age,
the model of a popular representative. The new Member
for Hull, after his own fashion, and accommodating his pace
to the change of times, walks in the footsteps of Marvell, as
his every-way-worthy successor.' Both recognise the prin-
ciple of representatives being bound to give a clear and
frequent account of their stewardship. It is said that Mar-
vell wrote a report of the business done in the House to his
constituents every night. Emulous, perhaps, of the fame of
his illustrious prototype, and anxious to do his duty, and
set a useful example to other Members of Parliament, Co-
lonel Thompson was no sooner elected Member for. Hull,
than he entered into a close correspondence with his consti-
tuents."

DUBLIN-THURSDAY.

(FROM OUR OWN CORRESPONDENT.)
" - Adhuc sub Judice lis est."—Hoa.
Hogan, the tithe rebel, of the proceedings in whose case
I sent you an account yesterday, is liberated from " durance
vile," though judgment has not been yet pronounced by
the Court in the specific motion made on his behalf. At the
sitting of the Court of Exchequer this morning Messrs.
O'Connell and Dickson appeared in their places. The
former immediately rose and bid he would submit to the
suggestion made by tint Court yesterday, that his client
should be set at liberty without payment of costs on his
consenting to have an "appearance" entered for him.
" But," said the Learned Gentleman, " we consent to this
order on the express condition of its not in any way preju-
dicing the motion in this cause made by me on Tuesday
last. I intend praying the judgment of the Court on that
motion." The Court replied that they certainly intended
giving judgment as early as possible on the point, which
they considered a most important one. The Court further
explained, that in permitting the prisoner to have his li-
berty, they wished the public to understand that they acted
on a principle totally unconnected with that of any other
tithe case which had been of late before them ; and also
independently of the arguments of Counsel on either side
on this occasion. It was on their own interpretation of
Sir E. Sugden's contempt. Act that the suggestion now as-
sented to had been made ; and Baron Foster seethed ex-
ceedingly anxious that the " public," by which he meant
those who were not lawyers, should have no misunderstand-
ing on the subject. What the Learned Baron's views may
be in wishing the " public" to be rightly informed on this
day's proceedings is not easy to divine, unless it be to pro-
tect the Exchequer from the suspicion of being at all libe-
ralised by recent circumstances. It has been observed,
that the suggestion now assented to, and acted upon, was
first made by Baron O'Loghlen, and immediately adopted
by the Court with unanimity. So far as public opinion is.
concerned, there is a complete triumph on the Reformers'
side by the prisoner's being discharged; but much discus-
sion exists among the profession as to the mode in which
this has been effected, it being anticipated on all sides that
the judgment of the Court must of necessity be to the effect
that the Commission of Rebellion had issued irregularly.
I have just seen a copy of the 18th order of the Court of
Exchequer in this country, which states expressly that
" Commissions of Rebellion and attachments to the Serjeant
at Arms issue of course, the proclamation being first re-
turned and and the orders for the same duly taken
out." The irregularity complained of in the rebellion cases
is the want of returns by the Sheriff to the proclamation
or any preceding process. And the Court cannot pronounce
any judgment contrary to an order specifically made for its
own regulation. The effect of this proceeding will go very
far to annihilate the prospect of receiving any tithe money
in future in Ireland, as the people will begin to think that
the Courts of Law, as well as general justice, are adverse to
their persecution for such matters.
There is some indignation, and much ridicule excited in
the news-rooms of this city to-day, by the appearance of
very scurrilous, if not libellous, observations in two of your
Conservative London Contemporaries, on the Irish Attor-
ney-General. The fact is, that the intrepid and indepen-
dent conduct of this respectable Protestant Reformer and
sound Lawyer, has greatly alarmed the faction in this coun-
try. He is thoroughly acquainted with all their corrupt
manoeuvres, from the tribunals of justice in the metropolis,
to the jury jobbing in the most remote counties, and has
always declared his abhorrence of the system. The cor-
ruptionists, therefore, dread the influence of his present
situation on Lord Mulgrave's Government, and expect to
be shaken in the enjoyment of even their vested wrongs.
But how a London Newspaper can be so ignorant of men
and things in this country, or so easily imposed upon as to
publish libels on a respectable individual, whose strict at-
tention to the duties of his lucrative profession has hitherto
not allowed his character to be exposed to the malignity of
public partisans, is a matter of wonder to all who have
any respect for the art of Printing. But the times in which
we live, and the exasperation of disappointed politicians,
may afford a clue to the motives of these attempted ca-
lumnies.

IRELAND.

• DUBLIN, DEC. 1.
COURT or EXCHEQUER:..-WRITS OF REBELLION.--•
From our report below it will be seen that in the all-impor-
tant case of Green v. Hogan, Mr. O'Connell, this day,
consented to enter an appearance for the defendant, with-
out prejudice, however, to his right to call upon the Court
upon a future occasion, to decide upon the whole motion.
The" rebel," therefore, now stands discharged, and without
payment of costs. Mr. O'Connell's consent to the terms
proposed by the Court was not, we believe, very generally
expected. As the Judges stood self-convicted of having
given judgment in all the late tithe cases contrary to law,
man.y persons will probably incline to the opinion, that Mr.
O'Connell concedes more than he ought to have done, by
assenting to the suggestion of the Court, that he ought ra-
ther to have insisted on a distinct reversal of the decree.
We shall not, however, discuss this question, but content
ourselves with laying before our readers a short report of
the proceedings in the case, and one or two accompany-
ing remarks, which we extract from the Dublin
Evening Post of this afternoon :—" The argument
made by Mr. O'Connell, in the Court of Exche-
quer, on Tuesday, has made so thorough and complete, a
revolution in the process of that Court, that we doubt ex-
ceedingly whether even Rebellion Smith will advise proceed-
ings under tb'e new principle. Be this as it may, it is cer-
tain that, through all the realms of Orange-land, there is
wailing and gnashing of teeth. Some of them appear to
make light of the matter, and regard it as a mere correction
of the process in the writ. To a certain extent this is
true ; but it will render the issuing of writs of rebellion a
much more difficult job ; and the effect of the judgment will
be, we haVe no doubt, the liberation of others, as well as
Hogan, from.gaol, and the enforcement on the parsons to
commence most of their processes de novo."

REV. BARTHOLOMEW GREEN V. MICHAEL HOGAN.
Yesterday the Chief Baron called upon Mr. Smith, K.C.,
as Counsel for the plaintiff, to know if he had considered
the view taken of this case, which was before the Court on
the preceding day.
Mr. Sergeant Jackson said that he and Mr. Smith had
discussed the matter between them; and it certainly ap-
peared to them that the Act of Parliament was exceedingly
embarrassing and confused, as it departed from the English
Act. The Learned Gentleman proceeded at considerable
length, after which a consultation that lasted for some time
took place between the Barons.

Baron Pennefather said, at present the opinion of the
Court is, that the time has gone by for entering an appear-
ance by the plaintiff. Thirty-five or thirty-six days have
been suffered to elapse, even before the 3d of November,
when Serg,eant Jackson applied for liberty to file his no-
tice, and, therefore, the defendant must be discharged. It
appeared to the Court, on the ground on which Mr.
O'Connell had urged his motion, that the defendant ought
to be discharged on entering an appearance.
It was finally arranged that Mr. O'Connell should give
an answer as to entering an appearance for his client on
the following day. Accordingly this day Mr. O'Connell
at the sitting of the Court, informed their Lordships that
he complied with their suggestion to discharge the defend-
ant upon entering an appearance to abide; th decision, re-
serving to himself the right of pressing the Court upon a
future occasion to decide upon the whole motion.
The Court observed, that they were anxious to decide
the case, as it was one of great interest and importance ;
and wished it to be distinctly understood, that they dis-
charged the defendant (without costs) solely under the
contempt act, and without reference to the decision in
Knox v. Gavin.

" Therels;however, another mode in the course of adop-
tion, which will effectually bring the campaign to a prema-
ture close or, at least, to a stop, before the next long vaca-
tion. This is by the easy process of filing answers to the
bills. The parsons have put from twenty to fifty parties in
their bills—with a view of ruining the litigants, if not of en-
riching the attorneys. Every man attached, therefore,
should file an answer. This has been done to a great ex-
tent in the county of Limerick, and, we learn by the fol-
lowing paragraph, that it has been attended withtthe most
complete success :

Term is now over, and we have received intelligence
from our Dublin correspondent that, although hundreds of
bills were filed against tithe defaulters in other counties in
Ireland, not a single one has been filed by the clergy of the
county of Limerick since the publication of our advice to
them on the subject:—Limerick Star.
They were about adopting a similar course in the
county of Kilkenny, and—there is no doubt at all—of this
we can assure the Church Militant—that every county in
Ireland will adopt the practice.
" This is a course that should never be adopted. Most
of the recent writs of rebellion have been founded on this
rule, and although we may say they have now been set aside
as improperly issued, for the purpose of taking a defendant
into custody, the Court have not yet decided that decrees
on sequestrations, founded upOn this rule, arc bad."
CITY OF DUBLIN ItEmsTßY.—Saturday—Destructives,
8 ; Liberals, 2. Monday—Destructives, 13 ; Liberals, 5.
The Orangemen registered 12 of their " Freemen" on those
two days. Tuesday—Destructives, 11 ; Liberals, 8. Yes-
terday—Destructives, 6 ; Liberals, 5.
Mr. Tatterton, one of the managers of the Agricultural
and Commercial Bank, complains bitterly of the conduct
pursued towards him by the manager of the Provincial
Bank in Limerick. He promises to demonstrate to the
country, that the Provincial Bank has neither performed its
duties nor fulfilled its promises to the Irish people ; while
it has been enabled, by the Irish people, to amass vast
wealth for a few monetary speculators in London.—Water-
ford Chronicle.

THE PACKETS.—As usual, the London Mail of Monday
did not arrive till late yesterday evening. It was due at
ten o'clock, only got to Waterford at half-past six, thus
taking more than eight hours beyond the time when the
public had a right to expect their letters. We shall con-
tinue, without intermission, to expose and denounce the
shameful abuse of power manifested by the Post-office, and
we call on the people of Waterford to second our efforts,
by memorialising the Chancellor of the Exchequer. A
letter from Mr. Barron, M.P., has just come to hand, and
we have only to add, in-publishing it, that if he succeeds in
his efforts to have justice done to this city and the south of
Ireland, he will have conferred one of the most practical
benefits obtained by any representative during these many
years fbr their constituents and the public. The citizens
must not lose a minute in following up his puggestion.—
WateVord Chronicle.

PORTSEA-FRIDAY.

(FROM OUR OWN CORRESPONDENT.)

Wind from West, blowing a gale, with rain, and every
appearance of a bad night. Luckily the collier that was on
shore on Southsea Beach, got off, and is safe in harbour.
A Swedish brig, dismasted and water-logged, was picked up
by one of our pilot-boats, and brought safe into harbour this
day ; the captain and crew are safe. His Majesty's frigate
Conway, Captain Drinkwater, which had sailed from Spit-
head for the East Indies, previous to the gale commencing,
had reached Torbay, and made good weather of it. His
Majesty's brig Fair Rosamond, Lieutenant and Commander
Rose, which sailed from Plymouth on Saturday last for the
East Indies, had not reached any anchorage up to this day
at noon.

Ships at Spitbead—lnconstant frigate, Captain D. Pring,
and Barossa transport.
Lieutenant Wm. Arlett is appointed to command the
Confiance steamer, and Lieutenant John W. Waugh to
command the Blazer steamer, both at Woolwich.

HAMBLEDON, NEAR HORNDEAN, HANTS.—The late
dreadful hurricane has been seriously felt here. A beautiful
plantation of Scotch firs, planted in 1812 by John Gold-
smith, Esq., and which had become the ornament of his
estate of West End, has been cut to pieces. Several hun-
dreds of the trees have fallen exactly as children throw down
a pack of cards. Several venerable elms, more than a cen-
tury old, which were the pride of the village, have been
levelled with ground, and their roots, with earth and turf,
reach high in the air. A large barn, on Farmer Foster's
farm, was blown to pieces, and a large crop of oats, which
had been carefully housed, was, in a few minutes, scattered
by the winds, and entirely lost to this industrious yeoman.

COMMON-COUN CILMEN of St. BRIDE.

At a precinct meeting held yesterday in the vestry-room
of the parish of St. Bride, Fleet-street, Mr. Jenks in the
chair, Messrs. Tickner, Obbard, and Burn were proposed
as fit and proper persons to be recommended to the ward-
mote, to be re-elected as Common Councilmen for the
precinct. _ _ _

- At this meeting the ward Tories mustered their forces, and
commenced business at the precise minute for which the meet-
ing was called, instead of giving the ten minutes, which had
hitherto been the custom. Upon the names of the above-
mentioned three gentlemen being proposed,
Mr. LOWE, of Fleet-street, rose to move that the name
of Mr. Williams, of Ludgate-hill, be inserted, instead of one
of those gentlemen who had served so long. In the course
of a very ingenious and sarcastic speech, he said the meeting
must be aware that they were imposing a heavy and weari-
some duty upon their Common Couacilmen; that these gen-
tlemen had often spoken of the laboriousness of the perform-
ance of the duties of the office, and, therefore they ought, in
his opinion, to be relieved from such weighty service.
Mr. SWAIN, of Fleet-street, seconded the nomination of
Mr. Williams, and, after a few words from Mr. Wood, in
support of the motion, the meeting divided, when the numbers
were—For the original motion, 16 ; for the amendment, 18 ;
thus giving a majority in favour of the Reforming candidate.
It is evident, from the list of the votes given by the three
members for this precinct, that it, was high time a little fresh
blood was infused into the Court of Common Council.
These three gentlemen have invariably, when present, voted
in favour of every measure which sanctioned the squander-
inn- of the money of their constituents. We are glad to
find that there is another gentleman, an unflinching Re-
former, about to start for the precinct of St. Bride's, who is
likely to give the corruptionists a hard run. We hope that
in the parish of St. Dunstan's in the West there may also
be a change of members. It is high time.

• We are sorry to state that a crinr. con. affair at So-
ham, is likely to engage the attention of the eentlemen of
the long robe at our next assizes.—Cantbridge Independent.
An extraordinary inundation of the river Severn, on
Tuesday, spread over several streets in this town which are
contiguous to its margin.—S'rewsbury Chronicle.
IPSWICH.—On Thursday our worthy representa-
tives, Messrs. Morrison and Wason, pursuant to notice by
hand-bill, met a large body of their constituents at the
Shire Hall. This was a wise step on their part, and we
have to congratulate the electors and the honourable gen-
tlemen upon the mutual good understanding which now exists'
between them. The explanations which Mr. Morrison gave
of his Parliamentary conduct, were perfectly satisfactory,
and he must now be fully aware of the importance of af-
fording his constituents an opportunity of making known to
him their sentiments on his Parliamentary conduct. We
have also to congratulate the town at large on having for
its representatives, not one, but two extreme Liberals in
politics ; which, much as we know of Mr. Morrison, we
were prepared to hear.—Suf olk Chronicle.
We regret to hear that there was a fatal accident on
the Liverpool and Manchester Railway on Monday last.
The train which left Manchester at nine o'clock arrived at
the Haymarket station Liverpool, just as another train was
preparing to start ; and one of the porters, in attempting to
detach the lamps from the arriving train in order that they
might he affixed to the other train, got upon the step of a
carriage whilst it was still moving, and, losing his footing,
was thrown under the wheels, and died in a few minutes af-
terwards.—Manchester Guardian.

FINE ARTS.—A correspondent suggests to artists
who intend to favour the public with their performances at
the next exhibition, that the interview of our brave country-
man, Flinter, with Gomez at Almaden, would afford a sub-
ject of peculiar interest for the skill of the painter.
LONDON AND GREENWICH RA I LIVAY.—Mr.
Walker waited yesterday on the Lord Mayor to consult his
Lordship on the ceremony and day of the opening, when
his Lordship fixed Tuesday, the 13th inst., at 12 o'clock ;
we understand he will be attended by the Sheriffs in their
state-carriages.
KENSINGTON GARDENS.—The Commissioners of
Woods and Forests are making alterations in Kensington-
gardens to a very great extent. The whole of the trees on
the south side, extending from the gate at the top of Rot-
ten row to the western extremity of the gardens, are cut
down, and are now lying prostrate across the walk which
last summer was shaded with their foliage. This indiscri-
minate cutting away may eventually be productive of im-
provement, but it will be many years before what a certain
translator of Virgil poetically called the " umbrageous
shadow of a shade" can be expected to replace the sylvan
twilight under which the inhabitants of the metropolis were
delighted in hot weather to shelter themselves. The ensc re-
cidendum system has been carried to an extent almost beyond
the bounds of good taste or correct judgment ; and as no pars
sincera remains beyond a dirty gravel-walk and a mud-co-
loured wall, and as the growth of trees is a process of time, the
present generation must be content to wander henceforth ex-
posed to the heat and sunshine of the season. In many
parts of the gardens the trees are so thickly planted that a
judicious thinning would be an improvement, but whether
or not what has already been done be an improvement may
very justly be doubted. A great portion of the trees (elms)
which have been felled are so rotten that in a few years
they would have fallen of themselves, but there arc many
of them which appear both sound and healthy ; neverthe-
less, they are like the geese which got among the cranes,
the victims of an unrelenting and undistinguishing sentence.
The late gale of wind has coalesced with the commands of
those persons upon whose ipsi dixerunt this slaughter has
depended, and added upwards of 150 to the killed and
wounded of the illustrious elders of the forest. The gar-
dens at this moment resemble very closely an American
forest falling beneath the axes of a tribe of settlers, and
the uncompromising zeal of the uncouth labourers in this
unlimited destruction is visited by no compunctious feelings
of early recollections or present enjoyment.
The truly spring-like weather which for the last few
days has succeeded the preceding cold, has caused the liliacs
in many of the gardens near Paris to throw out their buds;
and, should the mildness continue, we may expect to see
the fruit trees do the same.
Shortly after seven o'clock on Thursday night a
fire occurred at New Cross, on the Deptford-road, which
has completely destroyed the house and stock of Mr.
William Newry, boot
Tshhoeemaacki
jeorin;inaglsioiotulsteo
furniture
Mrs.
of Mrs. Elizabeth Tott, a lodger, carrying
on business as
a stavmaker and milliner.ad
n
Ann Hammond, the post-office, is damaged in the roof.
About seven o'clock on Thursday evening., a young
woman attempted to drown herself by 'throwing herself
off one of the coal-barges moored off the Savoy. She was
seen by the coal porters in time to get her out alive, and
she was removed as speedily as possible to the Savoy Palace
public-house, where measures were immediately adopted to
store her, and in the course of half an hour, by the perse-
vering efforts of Mr. Kenny, the surgeon, of 337, Stand,
she was resuscitated and placed out of immediate danger.
She stated that she had been married only two years, and
that the continued brutal and almost murderous attack of
her husband induced her to commit the act.

BRIGHTON.-FRIDAY.

His Majesty, not being free from gout, bag ilk -It been out
to-day. The Queen has been labouring under a . slight cold
for the last day or two, and the weather being very un-
settled, her Majesty has remained within the Pala& .0.
This morning the Queen sat to Sir Martin Arches Shea
for her portrait.
The calls at the Palace to-day include the Marebion css
and the Ladies Cornwallis, Lord Bexley, Bishop of Quetwc,
Lord and Lady Francis Gordon, Lieutenant-General t:iir
W. Keir Grant, Sir G. Shiffner, Earl of Westmoreland, &c..

Their Majesties entertained to dinner yesterday evening-
Lord Palmerston, Colonel Sir James Reynett, Earl and
Countess Errol, and the Spanish Ambassador.
The Spanish Ambassador arrived yesterday evening, and
immediately had an audience of the King. His Excellency
was introduced by Lord Palmerston.
The Hon. Miss Hope Johnstone has succeeded the Hon.
Miss Mitchell as Maid of Honour to the Queen.

Lord Palmerston quitted Brighton this morning. The-
Commander-in-Chief took his departure yesterday.
The Duke and Duchess of St. Albans aro expected in
Brighton next Monday.
Lord and Lady Frederick Gordon and family will arrive
this evening in Brunswick-terrace for the winter.

Yesterday evening a grand ball and supper were given
oby Lady Tierney on the Pavilion Parade. Sir Robert,
Lady, and the Misses Fitzwygram, Lady and the Misses
Fremantle, Vice Admiral Sir Edward and the Misses
Codrington, Lady Manners Sutton, Hon. Mrs. Greviille,
Lady 'Wilmot, Marchioness of Clanricarde, Earl and
Countess of itosse and the Ladies Parsons, Lady and
Miss Palmer, &c. Dancing was continued with great
spirit to a late hour to Kirchner's popular band.
This evening the Earl and Countess of Rosse will givo a
grand ball and supper.
The Marchioness of Clanricarde's cards are out for a grand
ball next Wednesday evening. Mrs. Walpole has also issued
cards for a concert and quadrille party.
Mr. Lawrence Peel entertained a select party to dinner
yesterday evening, including, the venerable Earl of West-
moreland.