The Sun.
London, England, 1849-02-22 00:00:00

TURKEY.

Letters from Constantinople of the sth state that
the Ottoman Minister for Foreign Affairs has pro-
tested against the entrance of the Russian troops into
Transylvania, through Wallachia or Moldavia, on
the footing that it is a direct and flagrant violation of
the treaty of 1841, which secures the integrity and
autonomy of the Sublime Porte, inasmuch as in the
present disturbed state of Hungary, lawless free-
booters may with impunity invade the Ottoman ter-
ritory, cause serious annoyance by these irruptions,
commit depredations, excite confusion, and stir up
rebellion. The protestation of the Divan has been
followed by those of Sir STRATFORD CANNING and
General Aline, who have come into the field as the
advocates of the rights of Turkey, which have been
violated most audaciously by Russia.
The reply of the Russian Minister is said to have
been couched in terms most offensive to the SULTAN.

HOUSE OF LORDS.—(THIS DAY.)
The House sat again to-day to hear Scotch appeals,
and also to give judgment in two casts which have
lately been argued before their Lordships. The Peers
present were the Lord Chancellor, Lord Brougham, and
Lord Campbell.
BAIN v. BLACK AND OTHERS.
Their Lordships gave judgment to-day in this case
which was argued before them during the course of last
week upon appeal from the judgment of the Court of
Sessions in Scotland. The following are the facts of the
case upon which their appeal was founded:—For a con-
siderable period prior to the year 1833, all additional
places kof worship in connexion with the Established
Church of Scotland, not being churches of parishes
erected by decree of the commission of Teinds, under
authority of the statute 1707, cap. 9, were placed on the
footing of chapels of ease, without any parochial district
attached thereto, or a kirk session belonging to it to ex-
ercise spiritual discipline and government in the congre-
gation; and 'they were served by ministers not having
seats in any of the judicatories of the church; the con.
gregation, and the hounds assigned as the peculiar sphere
of the minister's service, being subject to the exclusive
spiritual jurisdiction and pastoral superintendence of the
minister and session of the parish within which such
places of worship are situated. The condition of such
chapels of ease was considered to be so unfavourable
and disadvantageous, with reference to the promotion
of religious instruction and the providing of pastoral
superintendence, that comparatively few persons coulil
bo induced to contribute towards the erection of
such places of worship; and during the lapse of the
preceding century, while the population of Scotland
had nearly doubled, and fully five hundred places
of, worship had been built by voluntary contribu-
tion in connexion with different Presbyterian non-
established communions in Scotland, professing the same
doctrine, and adhering to the same standards with the
Established Church, which places of worship had the
benefit of kirk sessions, and of ministers on a footing of
Presbyterian parity with their brethren, only 63 addi-
tional places of worship, on the footing of chapels of ease,
had been erected by voluntary contribution in connexion
with the Established Church of Scotland. In the year
1833, the General Assembly of the Established Church
passed, with only ono disstntient voice, a de-
claratory "enactment with reference to certain places
of worship , in the Highlands, built Kith funds
voted by Parliament under:the:, sth Geo. IV.,
c. 90, but not. erected into parish churches by that
statute, or by the Court of Teinds, by which enact-
ments the Assembly erected the several districts

which heel been assigned respectively to their churches
for :certain purposes under the statute, into separate
parishes quoad sacra disjoining these from the parishes
of which tiley at the time formed parts, and declared
that the minister of these churches inducted, or to be in-
ducted, were, and should be authorised to exercise and
enjoy within their respective districts the whole powers
and privileges competent to parish ministers, as fully
and freely as if their respective districts had been ordi-
nary parishes; and further declared, that such ministers
were and should be constituent members of all presby-
teries, synods, church courts, and judicatories what-
soever, and should enjoy every privilege as fully and
freely, and with equal powers, as parish ministers, re-
quiring, as the enactment required, all such judicatories
within whose bounds the churches were situated to receive
and enrol the ministers as members thereof, and to put
them in all respects on a footing of Presbyterian equa-
lity with the parish ministers of the Established Church.
In the same year there had been presented to the As-
sembly petitions from various chapels of ease ministers,
praying that they might be received into the same posi-
tion as parish ministers with kirk sessions and parochial
districts; and there had also been transmitted overtures
from several presbyteries to the same effect; on consi-
dering which the General Assembly pronounced a deli-
liverance, whereby approving of the objects of the over-
tures and the petitions, they appointed a committee to
consider by what means these might be most effectuslly
and extensively carried into execution. In consequence
of the prospects thus held out, preparations were corn•
menced in various parts of the country for taking ad-
vantage of the change in the condition or chapels oease,
which it was certainly anticipated would be effected at
the next Assembly, as had already been effected as to
the Parliamentary churches. In particular, a
" proposal" for the formation of a society
in Glasgow fur the erection of additional " pa-
rochial churches" in that city and its suburbs,
was circulated by certain of the purstsers, and subscrip-
tions obtained thereto, the formation of which society
and the payments of the subscriptions were expressly
contingent upon the power of eight presbyteries to give
parochial districts and'corresponding privileges to such
places of worship, and upon the passing of an Act of
Parliament to exclude the right of the patron when these
should be made the churches of quoad sacra parishes.
A Bill was accordingly introduced into the House of
Commons by a Member who was a subscriber to the
" proposal,' and became president of the society, when
subsequently constituted after the passing of the "Act
of Assembly anent Chapels of Ease," atter mentioned
for excluding the right of the patron over places of wor-
ship built by, voluntary contribution, and erected into
parochial churches, either as additional churches
in an existing parish, or as the churches of
new parishes, whether the same be erected
quoad spiritualia, by authority of the Church Courts
of the Established Church of Scotland, or also quoad
temporalia, by authority of the Commission of Teinds.
This Bill was passed into an Act, and it was in the
course of passing, when the General Assembly of 1834,
convened in May of that year, passed what was called
the Veto Act, which WdS afterwards declared by the
Court of Session and the House of Lords to be illegal.
Three churches were erected by, and two of them were
conveyed to, parties not connected with the society; but
the society still held fifteen other churches, erected out
of its funds, the property of which churches, and of the
ground on which they respectively stand, was feudally
vested in trust in certain individuals mentioned in the
summons in this cause. The Presbytery of Glasgow as-
signed and allocated to these several places of worship
special districts in the neighbourhood of each place of
sorship respect.vely, with the exception of one named
Springburn Churcn, which was not opened till the
year 1842, which several districts they erected into
parishes, quoad sacra, disjoining the same from the pa-
rishes of which they formed parts. Ministers were duly
ordained, and inducted by the Presbytery as the minis-
ters respectively of the places of worship, with the ex-
ception of Springburn Church, and of the parishes quoad
sacra respectively attached thereto; and were by the
Presbytery enrolled as members thereof. A body of
elders, to constitute with the ministers the kirk session
of each of the several churches and parishes, was also
ordained by the authority of the Presbytery in each of
th( se churches and parishes, except the church of
Springburn; and thenceforward exercised sessional juris-
diction therein respectively, to the exclusion of the
session of the parishes by which the several districts
erected into parishes quoad sacra respectively formed
parts; and the Presbytery thenceforward received and
admitted a representative elder chosen by each of
these kirk sessions as members of the general
Presbytery. It has since been decided, in
the Stewarton case, that the Church of Scot-
land, as established by law, and the judica-
tories thereof, have no power to allocate and assign
districts or parishes quoad sacra, such as those here in
question, or to constitute kirk sessions for such places of
worship and parishes, or to admit the ministers thereof
to sit in church courts, or to any of the privileges of
parish ministers, or in any way to alter or innovate upon
the parochial state of parishes as regards pastoral super-
intendence, kirk sessions, and jurisdiction, and disci-
pline belonging thereto. Under these circumstances, the
question arose, what was to be done with these churches?
On the one hand, it was contended that the object of the
subscribers not having been answered, the churches thus
prevented from having ministers enjoying all the church
rights, ought to be sold; while, on the other, it was
contended that these churches were absolutely attached
to the Established Church of Scotland, and must so re-
main. The Court of Session adopted this latter view of
the case, and upon the appeal from that decision their
Lordships now gave judgment.

The Lord Chancellor, Lord Broughm, and Lord
Campbell having stared their opinions to be in ac-
cordance with the judgment pronounced in the Court
below.

The HousE ordered the appeal to be dismissed with

CRAIG V. D 11171713 AND OTHERS.

Their Lordships also gave judgments in this case,
which came before them upon appeal, also from the
Court of Session in Scotland. The appellant repre-
sented the London, Leith, and Edinburgh Steam-packet
Company, and the defendants were steam• engine makers.
The sole question between the parties was, whether the
company had a right to recover more than a limited
amount of damages for the construction of a steam-eu•
gine, which had been put on board one of the company's
bouts, and could not be worked. The Court of Session
decided that they had not, and their Lordships to-day
adopted their decision, and dismissed the appeal with
costs.