The Sun.
London, England, 1822-03-29 00:00:00

[MORNING HERALD.]

Mr. Canning is, it appears, on the eve of dis-
appearing from the great stage of politics. He
proceeds to India as Governor-General, which
to him is a political demise—honourable, no doubt
—but still substantially a demise. The peculiar
character and uniform direction of his talents—.
and, undoubtedly, his personal ambition—point-
ed him out as one of those whom nature and
circumstances had destined to figure in the agi-
tation of domestic politics—whose element and
whose triumph Was in the House of Commons. Yet
has he been, in the maturity of his talents, and
at the zenith of his ambition, laid aside in
honourable exile---for, at least, five or six years
to come—and Heaven knows how long after !
—lt is somewhat singular that such a man
should be thus forced against every bias. The
reason, however, may be found in his per-
sonal character, and in the use and abuse which
he has made of the finest talents, and of a
mind endued with some of the noblest disposi-
tions. As an orator, his place in the House of
Commons is vacant, and will remain so. lie was,
without comparison, the most endowed and the
most disciplined of its public speakers. Wit—
raillery—fancy, if not imagination—a power of
analysis calm, methodical, and clear—an impe-
tuous, redundant current of eloquent declamation
—a command of logic, even to the rigid forms of
syllogism—a familiarity with the elegancies of li-
terature, modern and ancient, and an unrivalled fe-
licity in quotation and allusion; with these he might,
and, should have governed the democracy of Eng-
land, as with a talisman. What has been the fact ?
His wit obtained him the dangerous, but flatter-
ing distinction of being feared—and his elo-
quence the tribute of a barren admiration. His
taste was even fastidiously refined. He not only
rejected those homely and vulgar words and
phrases, which so frequently escape, or are sent
forth by the most eminent of his rivals, hitt he
studiously avoided terms admissibly familiar.—
On one occasion he made an allusion to a
cat ; but, instead of the plain monosyllable
employed by the naturalists and by the
people, he used the periphrasis of " a cer-
tain domestic animal." Yet, though so fas-
tidious in language, his good taste sametimes
wholly abandoned him in the choice of his topics
and occasions—his wit, " a libertine," betrayed
him into some expressions too pointed to be for-
gotten, and too inconsiderate to escape the un-
charitable comments of men, without a fraction
of his sensibility or humane feeling. No man
has been more frequently assailed with the im-
putations of corruption in politics ; yet it is well
known that he is liberal even to negligence of
pecuniary fortune. No one has been more care-
less—more prodigally careless, of that sort of
management by which public men, without seem-
ing to do so, keep up a certain theatrical eleva-
tion of public character.

We state upon the best authority, that all the Brewers in
Bath have enabled the Publicans to reduce the priee of beer
one penny per quart. —( Morning Post.)

LAW INTELLIGENCE.

COURT OF CHANCERY, MARCH 211.

The LORI? CgANCEILOR on coming into Court at ten
o'clock, observed that it might be useful to the bar to know
that he wuutd the at two o'clock, as he was obliged to attend
elsewhere to receive the Recorder's Report.
PRACTICE IN BANKRUPTCY.
Mr. MoNTAGUE said he was desired by the Vice-Chancellor
to ask his Lordship for his opinion on the following question :
" Whether an election of assignees would be legal where only
one CommiSsioner attended at the meeting ?"
The LORD CHANCEL'. on observed, it was too nice a point
for him to give an immediate opinion on. He had had much
conversation with Mr. Cooke on the subject of many Petitions
which had come before him, where only two Commissioners at-
tended at the meetings, on which he had come to the conclusion
that the commission was not gone, but that what was done by
the two Commissioners went for nothing. He desired that the
case which had been mentioned by Mr. Montague should be
put at the head of the bankrupt petition paper.

MARCH 24.

LAWRENCE'S LECTURES ON PHYSIOLOGY, ZOOLOGY,

AND THE NATURAL HISTORY OF MAN.
LAWRENCE v. SMITH.

Mr. WETHEREliio—Wreplied to the arguments of the
plaintiff's Counsel. He had little more to say in addition to
what he had already urged to the Court. Mr. Lawrence had
asserted the materiality of the soul for the purpose of denying
its immortality. He did not content himself with stating cer-
tain premises, and leaving it to his readers to draw their infe-
rence from them ; he had deduced his own conclusion with ma-
thematicareciion? and asseted t as mater bond all
conjecture.l p s
He h ad said that the i
minda keptt ey
equal progress
with the body ; like it, it was feeble in childhood, gained
strength with puberty, declined in old age, and was annihi-
lated in death. This was not a work containing the doubts of
a sceptic, but asserting that of which it said there was no
doubt. It stated, that unless you were prepared to admit that
an immaterial principle existed in the whole class of animals
down to the animalcule, you could not ascribe it to man. He
did not go on to inform his pupils, that although zoological
reasoning did not enable them to ascertain this principle, yet
they might learn from revelation what it was impossible for the
imperfection of human science to discover. Had the book
made such a reservation in favour of the doctrines disclosed in
Scripture, then, indeed, it might be said to contain what had
been called by his Learned Friend, Mr. Shadwell, the antidote
to the poison. But that was not the case. He denied the au-
thenticity of Scripture, and scoffed at religion, rather than
made a reservation in its favour ; abstaining from anywhere
stating that that which was inconsistent with zoological reason-
ing, existed, nevertheless, theologically. Mr. Shadwell had
quoted a passage from page 7, which he (Mr. Wetherell) had
abstained from reading in his opening of the case, out of deli-
cacy to Mr. Lawrence ' • as he thought it was sufficient to charge
him with what he had directly asserted, without alluding to
that which bore a doubtful construction. But since Mr. Shad-
well had used the passage for the purpose of showing that it
contained a corrective to the offensive passages, he (Mr. We-
therell) should be allowed to use it also. (The Learned Coun-
sel then read the passage alluded to, which spoke of the theo-
logical doctrine of the immortality of the soul, as depending
upon a different authority from that of natural reason, and call-
ing it a sublime doctrine ; and one, the introduction of which,
as it had existed in all ages, and amongst all nations, &c. was
not suited to that place. He contended that this passage was
not meant'to create respect towards the authority of revelation.
The word " sublime" seemed rather to be used in a
sense of ridicule than otherwise, for it was put in antithe-
sis with the powers of the anatomist and the physiologist, by
which the immaterial being could not be discovered, and
that therefore the doctrine was too sublime to be true. Its
introduction not being "suited to that place"—namely, the
Theatre of the College of Surgeons, seemed also to be meant
as a sneer.—He should have gone on to state, that " what we
cannot demonstrate is made clear by divine revelation." He
did not do so ; but rather put the Bible on the shelf altoge-
ther ; and therefore the passage contained none of the antidote
ascribed to it by Mr. Shadwell. And then as to the passage in
which he denied the truth of the deluge, and the peopling of
the earth by the descendants of Adam and Eve, as being
zoologically impossible ; there, also, he refrained from stating
that it might have taken place by miraculous interposition of
the Deity. There was also another passage in the work which
he (Mr. Wetherell) was compelled to say, so far from its
reserving a saving to revelation, was intended to revile religion.
It spoke of the peculiar virulence of religious controversy as
being proverbial, and said the odium theologicnm was a fiend
that should not be suffered to intrude into the fair garden of
science. Now, although the words odium thcologicum might,
taken abstractedly, be said to apply to the controversy, yet when
coupled with what went before and what followed, it was pretty
evident that they were intended to apply to the dogmas themselves,
as constituting the ugly fiend whose admission would deface the
beautiful parterres of the modern garden of science. The passage
that followed, also, in which churchmen were railed at for the
abusive epithets they were in the habit of pouring forth upon their
controversial antagonists, when placed in contact with what
went before and came after it, particularly when contrasted
with the term " sublime," shewed what sort of corrective was
intended for those parts of the work which impugned the doc-
trines contained in revelation. Mr. Shadwell had quoted pas-
sages from the works of a long list of eminent divines. He
(Mr. Wetherell) was not a little astonished to hear the names
of Butler, Locke, Paley, Warburton, and others, cited in sup-
port of the doctrines contained in this work. There certainly
might be some terms in the holy writings which had engaged
the attention of great and learned men, as throwing some doubt
upon the state of existence in the intervening period between
the death of the body and its resurrection: but they had never
said that it was therefore to be inferred that the annihilation of
the soul took place with that of the body. The term
Exot,th,Esly7ctv, as.used by St. Paul, Mr. Wetherell contended,
had not the-meaning imputed to it by Mr. Shadwell. It was
used in a neuter, not a positive sense ; and did not imply
the extinction of the soul, but was meant to express the
intermediate state, whatever that state might be. So the
word Psyche, which was used in the Septuagint, as occur-
ring in tie book of Genesis, did not merely because it had
a comprehensive sense therefore imply an immaterial principle
in the brutes and fishes as well as in man. An allusion had
been made to Mr. Locke. He had amused himself with giving
a definition of human ideas, and his work contained a passage
in which it was said not to be impossible for the Deity to have
imparted to matter the property of thinking. But he had not
asserted that doctrine in the sense in which it was used by the
scoffers at religion ; for he contended that the soul was im-
mortal; and that we should be accountable hereafter for our
actions in this life. It therefore did not signify whether the
soul was combined with matter or was an abstract essence of
immateriality; since its future responsibility was admitted. But
that was very different from the doctrineheld forth in the school
of Lincoln's-inn-fields. Mr. Locke not only allowed that the
soul was immortal, but it was the object of every part of his
book to•establish its immortality. Mr. Wetherell then referred
to Dr. 'Builer's. analogy, which Mr. Shadwell had quoted ;
and said, that so far from supporting his argument, he had
contended that, putting religion out of the question, the strong
preponderance of human reasoning was in favour of the soul's
immortality ; and that, neither from the reason of the thing,
nor the analogy of nature, could a conclusion be drawn that
the soul was annihilated by death. He belonged to a class of
writers who far excelled those of our modern school, and drew
very different inferences from them. For this eminent writer
says, that it is not even clear that immateriality does not exist in
all animals. Dr. Paley's name had also been dragged in, in sup-
port of this doctrine, which gave him (Mr. Wetherell) considera-
ble surprise ; for in his concluding chapter he tells us not to,
bind ourselves by the analogy of nature ; for in every object of
nature there seems to be something ultra the ordinary powers
and functions of nature itself, as it appears to us. But, taking
the hypothesis one way or the other, all those great writers re-
serve the doctrine of revelation, except our modern sciolists,
who would engross the garden of science, with all its flowers,
and walks, and parterres, to themselves. He (Mr. W.) ex-
pressed his regret at being obliged to make these observations ;
but unless this school of infidelity were put down, the effect upon
society would be most injurious.
The LORD CHANCELLOR said that this case had been ar-
gued at the bar with great learning and with great ability.—
He would explain in a few words the principles on which his
decision should be founded. On the observations which had
been made upon the College of Surgeons as the place in which
these lectures had been read, he would not touch : he would only
treat the plaintiff as the author of the work. This case had been
introduced by a Bill filed by Mr. Lawrence, in which he stated
that he was the Author of this book, which the defendant had
also published ; and that he was entitled to the protection of this
Court, in the preservation of the profits resulting from its pub-
lication. Undoubtedly the jurisdiction of this Court was founded
on this principle, that where the law will not afford a complete
remedy to literary property when invaded, this Court will
lend its assistance ; because, where every publication is a dis-
tinct cause of action, and when several parties might publish
the book, if a man were obliged to bring an action on each oc-
casion, the remedy would be_worse than the disease. But then
this Court will only interfere where he can by law sustain an
action for damages equal to the injury
_he has sustained. He
might'then come here to make his legal remedy more effectual.
But if the case be one which it is not clear will sustain
an action at law, then this Court will not give him the relief
he seeks. The present case had been opened as an ordinary
case of piracy, and he took it that nothing was then said by
Mr. Wilbraham as to the general tenor of the work, or of par-

ticular passages in it. He (the Lord Chancellor) was bound
to look, not only at its general tenor, but also at particular pas-
sages unconnected with its general tenor ; for if there were any
parts of it which denied the truth of Scripture, or witich fur-
nished a doubt as to whether a Court of Law would not decide
that they had denied the truth of Scripture, he was bound to
look them, and decide accordingly. There was a peen-
liar circumstance attending this case, which was, that the
defendant possessed no right to the work, but said to the
plaintiff—" This book is so criminal in its nature as to de-
prive you of all protection at law against others and myself,
and I will therefore publish it." Now he (the Lord Chan-
cellor) knew it to be said, that in cases where the work con-
tained criminal matter, by refusing the injunction, allowed the
greater latitude for its dissemination. But his answer to that
was, that this Court possessed no criminal jurisdiction. It
could only look at the civil rights of the parties ; and, there-
fore, whether a different proceeding were hereafter instituted
against the defendant, or the plaintiff, or both, was a circum-
stance with which he had nothing to do. The only ques-
tion for him to determine was, whether it was so clear that the
plaintiff possessed a civil righti in this publication, as to leave
no doubt upon his (the Lord Chancellor's) mind that it would
support an action in a Court of Law. Now his Lordship had
read the whole of this book with attention, and it certainly did
raise such a doubt in his mind. It might probably be expected
that after the able and learned argument which had gone forth
to the world upon a subject so materially affecting the happi-
ness of mankind, he should state his answer to that argument ;
but if he left these parties to a Court of Law—and he should
leave them to a Court of Law—his opinion might have the
effect of prejudicing the question to be there determined. All
he would say, therefore, was, that entertaining a rational doubt
upon some parts of the work, as to their being directed aga nst
the truth of Scripture, he would not continue this injunction
but the plaintiff might apply for another after- he had cleared
away that doubt in a Court of Law. Further than this, his
Lordship would not interfere.—lnjunction dissolved.

LENT ASSIZES.

HORSHAM, MARCH 27.

The business of the Crown Side for this County finished this
day. Of the thirty-two prisoners named in the calendar, eleven
were capitally convicted and received sentence of death, but
none were left for execution.

TILE RING V. NARY MATHEWS.

This was an indictment against the defendant; a young
woman of about twenty, for keeping a disorderly house at
Brighton.
_

The case opened and proved against the defendant was one of
considerable depravity. It appeared in evidence, that the de-
fendant kept a brothel, of the very worst description, at Brigh-
ton ; that she had seduced into her service several young crea-
tures under the age of 14, and one not more than 11, to solicit
custom for her illicit traffic. Three girls, all under 14 years of
age, were called to prove the case, and several witnesses proved
that the defendant kept, in other respects, a most disorderly
house.

The Jury, under the Learned Judge's directions, found the
defendant guilty, and she was sentenced to pay to the King a
fine of 101., and to be imprisoned in the House of Correction wr
the term of two years.

NORFOLK.

The Commission having been opened on Saturday evening,
Mr. Baron RICHARDS went into Court on Monday morning,
and immediately began to try causes.

LOCKE v. THE BISHOP OF NORWICH.
This very important cause, for which Mr. Serjeant VAUGHAN.
was specially retained, came on about ten o'clock. Only three
special jurors answering to their names, a tales was prayed.
With Mr. Sergeant Vaughan were Mr. Robinson and Mr.
Rolfe. Sergeants Blossett and Frere, and Mr. Storks, were
the Counsel for the defendant.

Mr. ROLFE opened the pleadings, which stated that Dr.
Locke was seized of the rectory of Hilgay, otherwise Helga'',
in this county ; but that Dr. Hewlett, who was the real de-
fendant, had been inducted by the Crown, on the ground that
Dr. Locke had first simoniacally obtained the living, then had
simoniacally sold it, and had by like means regained posses-
sion ; all which the plaintiff denied, and thereupon issue was
joined.'
No witnesses were called for the plaintiff.
The Learned JUDGE summed up with little or no com-
ment, and the Jury having retired for a short time, returned
with a verdict for the defendant, thereby, establishing the acts
of simony. The trial lasted till five o'clock.

LANCASTER ASSIZES, MARCH 26.
The Grand Jury this day found true bills against David
Ridgway and James Daniel, for perjuries alleged to be con,
tained in the affidavit made by them in support of the motion
for a new trial of Ridgway, as to the libel of which he was con-
victed at the last Assizes.

RECORDER'S REPORT.—Yesterday the RE'
CORDER made his Report of the following prisoners in the
Gaol of Newgate, convicted of capital offences at the last Fe-
bruary Sessions, viz.—Robert Grout, Charles Marshall, Jonas
Barnet Solomons, Daniel NiTithey-, William 1114-Irene, Wrn•
Osborne, and Edward Cochrane, for burglaries ; Edward Chid-
ley, Henry Newbury, Henry Stephens,-and lltattha Bettelley,
for stealing in dwelling-houses.; John Fleming and William
Flashman, for highway robberies ; and Robert Christmas, for
horse-stealing ;—when William C3borne and Edward Cochr.ne
were ordered for execution on Tuesday n4t. The others were
respited during his Majesty's pleasure. -
EXECUTION.—On Monday, Phillip:Chappell,
convicted of the wilful murder of Mary Stevens, Was executed
on the drop in front of the Devon County Gaol, in the presence
of an immense concourse of spectators. This unhappy you ng
man, after receiving the awful sentence of death on Friday,
still persisted in his innocence, but on his return to the Gaol that
evening, a respectable 'Dissenting Minister gained admittance
to him and obtained a confession of his guilt.. He said that
while walking with Mary Stevens, near the Mill-Leat, he
stunned her by repeated blows on the head with a stick, and
then threw her into the water ; but that the act was not pre-
meditated. When brought out. of his cell, a., little before
twelve, for execution, he cried a great deal, and appeared
stupified. He ascended the- drop very firmly; and during
the time the executioner was ,adducting-the.. rope, and the
Reverend Chaplain reading the prayers, he' swat vacantly
around him, and appeared to pay but-little attention either
to the one or the other. He shook hands with two or
three persons, and after a pause of a minute he dropped the
handkerchief, and was launched into eternity. All the other
prisoners capitally convicted, (twenty-one in number,) have
been reprieved except John Terry, for maliciously .setting fire
to his house, in Ottery, with intent to defrailet the 'Royal Ex-
change Assurance Office ; who, it is expected, will be executed
on Easter Monday.—( Exeter Flying Post, March 2E.)
_ .

SINGULAR CIRCUMSTANCE.---,011 .SClRdsay last,
a young man took a large quantity of laudanum, for the pur-
pose of committing suicide. The ileaaV opiate, hoWever, had
a contrary effect to what he Intended, and instead of death,
brought on such a violent Volll4ing.:as to completely dear the
stomach of its coptents, and amongst what he
•emitted was
found a large worm ! It is remarkable- that he immediately
got better, and boasts of being more: cheerful in spirits, and
more healthy in constituti.v, since the occurrence than ever he
was before.