The Sun.
London, England, 1849-05-05 00:00:00

plated. He thought this: was a step in the right direc-
tion, and was most willing to acknowledge it as such in
the most ample terms.—(Hear, hear. )
Mr. J. O'CONNELL said that giving full credit to the
Government for good intentions in bringing forward this
measure, there were one or two points to which he must
be permitted to allude. The first was, that it was very
necessary to stop the great waste of human life in the west
of Ireland; and if it were necessary to grant additional aid
in order to raise the scale of dietary, he thought the Go..
vernment should take it upon their responsibility to do it,
although in so doing they might attract much popular dis-
satisfaction. Another point was, the necessity at all times
great, but now most stringent, ofgiving security to the tenants
in their holdings, so as to ensure to them the enjoyment of
the fruits of their labour, food for the present and security
for the future; but at any rate, food for the present, under
measures which he felt confident ought not to be lost sight of,
and he hoped the Government saw the necessity of provid-
ing immediately for both.
Mr. REYNOLDS said, that though many Hon. Members
wished the grant had been greater, still he believed all were
glad to know that the Consolidated Fund was not to be for
ever hermetically sealed against the people of Ireland. He
had that day been sitting in the Irish Poor-law Committee,
and bad there heard evidence which would harrow up the
heart of any humane person ; and h-ewas even satisfied that
had the Hon. Member for Tavistock, who spoke so strongly
against the measure, heard it, his views on the question
would at least have been much modified. He hailed this
measure as one of material advantage to Ireland, and he
could assure the Government that they would receive the
thanks and gratitude of the people of that country for it. For
his own part he begged to thank the Government most cor-
dially, as an Irish Member, for the useful measure they had
brought forward.
The resolution was agreed to without a division.
The House resumed, and the CHAIRMAN reported the
resolution to the House.
THE MARRIAGES BILL.
Mr. S. WORTLEY said he wished to explain to the
House that he had yesterday told many of his Hon. Friends
that if this Bill could not be reached that night before nine
o'clock, he should not propose to go on with it. If that were
a general understanding, it would be exceedingly wrong to
press it ; but he believed that that was not the case. At
nine o'clock they were hovering on the verge of a division.
It was then little more than twenty minutes past nine, and
as it seemed to be the general feeling of the House that the
Bill should be proceeded with that night, he should propose
to proceed.
Lord JOHN RUSSELL said he had consented to postpone
the other orders, in order to afford an opportunity for conti-
nuing the discussion of this question, and as on that account
many Hon. Members might have gone away in the belief
that those orders would not be taken, the night would per-
haps be wasted unless the debate proceeded.
Sir R. H. INGLIS said he hoped the Right Hon. Gentle-
man would not press on his motion that night, after the un-
derstanding that was come to yesterday, especially because
it could not be concluded that night.
Mr. STUART WORTLEY said he thought there would
be no danger of occupying the attention of the House too
long, if he yielded to the general feeling, and proposed to
proceed with the debate.
Mr. GOULBURN said that as an understanding had been
come to, that the debate upon this Bill would not be taken
that night, those who were anxious for it had no doubt gone
away in the belief that it would not be moved.
After a few words to the same affect from Mr. HENLEY,
who also expressed his opinion that the debate on the Mar-
riages Bill would not close that night, if commenced, the
other orders were postponed, and at length the adjourned de-
bate was moved.
Sir R. H. INGLIS then said, that as the other orders were
deemed of so little importance that they might be postponed
until next week, and as he was sure that the Marriages Bill
could not be debated to any useful purpose, he should move
the adjournment of the debate.
Mr. HENLEY seconded the motion.
The House then divided, and the numbers were—
For the motion 25
Against it

Majority against 9l
The House then resumed the adjourned debate
Mr. BUNBURY was somewhat struck on the previous
evening with the remarks of the Honourable Member for
Plymouth (Mr. Roundell Palmer) in reference to the law
on which this question rested. It was not for him (Mr.
BunbnrY) and those with whom he acted, to show
that the question was not supported by the
Divine law; it was rather for these who held op-
posite opinions to show that it was; and if the law of God
was express upon the subject, then they should adhere to
that law. A great deal had been said and written on the
subject. on the one side and the other, and if they looked to
the evidence contained in the Blue Book—evidence which he
believed to be strictly impartial—they would find that a ma-
j ,rity of the clergy of the Church of England had expressed
themselves in favour of a change in the law. It appeared to
both tending to de-
him that their present laws acted upon the people just as
their " game laws" acted upon poachers,
moralise. He would, in conclusion, sum up his remarks in an
expression of opinion that they should not, on this subject,
maintain any prohibition not strictly based upon, and main-
tainable by Divine law, and on those grounds he should give
his assent to the Bill of Hon. Friend.
Mr. HOPE quite agreed with his Hon. Friend who had
just addressed the House, if they could not show that this
law was maintainable upon the authority of the law of God,
that they should, on that ground, and on the ground of social
expediency, make an alteration in it. His Hon. Friend had
said that a majority of the clergy who were examined on the
subject were in favour of a change in the law; but what
was the fact ? Why, that there were but ten of the clergy
altogether examined on the question, and that five were in
favour of, and five against a change in the law. In a social
point of view his Hon. Friend thought it was desirable that a
man should be permitted to marry his brother's widow, as he
would naturally be the best protector of herself and children,
and this was put forward as the poor man's argument.—
(Hear, hear.) There could not at all events be
any distinction between the permission of marrying a
brother's widow and a wife's sister. Ho contended that the
statistics with regard to the number of these could not be
relied upon, as, in fact, the greater part of those persons in
humble life who were supposed to be married within these
prohibited degrees, were really cohabiting together, and had
never been married. He then adduced two instances of
parties, the one of fifty-nine, and the other sixty-eight, ap-
plying for permission to marry in order to prevent the
scandal, as they alleged, of living together as brother and
sister. He would ask, was it to give relief in such cases as
that, that they would relax a law which had the sanction
of the Christian Church for fifteen hundred years. A large
portion of the Kirk of Scotland were against the change, a
majority of the Roman Catholic Clergy of Ireland and of
England were opposed to it.
Sir G. GREY said he would briefly state the reasons which
induced him to vote in favour of the second reading of the
Bill. It was not necessary that he should enter into the
subject, as it had been already exhausted by the speeches
between a man and his deceased wife's sister
settled by reference to scripture. Every
delivered on the debate. Neither would lie enter into the
theological argument upon the question, He did not think
acoumldir
man should settle that point in his own mind. If there was
nr ioatg
be e beeat
sil y
any Member of that House who thought that such a mar-
riage was prohibited by Divine law, he could not, of
course, vote in favour of the Bill upon the ground of
its social necessity; but if he did not entertain an opinion
that it was contrary to the Divine law, or that
scripture was doubtful on the subject, then he might form
his own opinion upon the question. They had every oppor-
tunity of forming an opinion from the information which
had been afforded them by the speeches delivered on the
subject, and by reference to the various pamphlets which
had been recently written on the subject. For his own part
he did not think there was any scriptural prohibition against
such marriages, and he therefore was free to vote in favour
of the Bill, on the grounds of social convenience, and the
general interests of mankind. References had been made to
the authority of the Church. If by that was meant the au-
thority of the early fathers or general councils previous to
the Reformation, he could not attach much authority to
them, as in that case he would be carried much farther than
this prohibition, and would be involved in many other pro-
hibitions which were repugnant to common sense—such as
the prohibition of marriage between sponsors and guardians
and wards, and other cases where no consanguinity existed,
prohibitions which were repugnant to the judgment and feel-
ings of men. If the authorities of the Church meant the
opinions of the early reformers and of the Church, as esta-
blished by law in this country, he did not think the pro-
hibition could be sustained upon such authority. This
Bill did not make such marriages obligatory, if it did it
would be highly objectionable, but it left every one free to
act as they thought proper, who were not members of the
Church of England. Looking at the question as it referred
to considerations of social policy, he thought that all the
argument and the reason was in that point of view in favour
of a relaxation of the law. The law of 1835 was only in-
tended to remove the doubts which at that time existed with
regard to this description of marriages, and it was the
object of the framers of that Bill to set those doubts at
rest. It was in its passage through the House of Lords that
the prohibitory clause was introduced. Previous to the Act
of 18 35 these marriages were not void, but voidable, and
the consequence was that the uncertain state of the law, in
this respect, gave rise to great anxiety, the parties never
knowing when steps might be taken to render them void,
it being merely accidental whether or not they were dis-
solved. To remedy this was the object of the Bill. The
effect of the Act of 1835 had not been to prevent marriages
of the kind ; it was introduced to prohibit it taking place,
and the consequence was, that no change had been produced
by it, and marriages of the kind prohibited were being cele-
brated the same as heretofore. That was amply proved by
the evidence taken before the Commissioners—that evidence
further showed that those marriages were not only entered
into by parties moving in the higher spheres of life, but that
they were so by those moving in less exalted stations; and
what appeared to him to be the strongest point of the case
was, that while the evidence upon which the measure was
founded was gathered from the opinions, and feelings, and
wishes of the common people on the subject, the arguments of
those who opposed it were founded on the various shades of ec-
clesiastical doctrine and church practice ; and that therefore, to
his mind, the forger sort of evidence had a much stronger
effect than the latter. Those who knew best the habits and
feelings of the people, gave their evidence in favour of a mea-
sure such as the present, and therefore attaching more im-
portance to the evidence of those who ought, he conceived, to
know best the habits and feelings of the people on the sub-
ject; he would support a measure founded on such evidence,
rather than reject it on no other evidence than the opinions
of those who had no such knowledge of the subject ; all that
could be said against the measure was, that it might cause
some difficulty in respect to marriages among the higher
classes of society, but as they had it in evidence that it
would confer great benefits on these of a lower grade, he con-
fessed that he for one would not hesitate to give the
measure his support. There were now evasions of the law
in respect of marriage,'„and a great deal of perjury practised,
often ,in order to get the ceremony carried out,
and he conceived that the present measure would be the
means of, in a considerable degree, doing away with that.
These considerations ought not to be overlooked. Besides,
they had the experience of other countries to guide them.
The fact was, that such marriages as that contemplated by
the measure were allowed throughout the Continent, and in
the United States of America, and he had not as yet heard
that in any of those places any inconvenience had resulted
to the community in consequence of such a law being in
force. They had also the great body of the Protestant Dis-
senters in this country in favour of the measure, with a
large number of the Roman Catholics, as well as a large
body of the members and clergy of the Church of England
asking for the change, and, with these facts before them,
he saw no reason why the measure should not be entertained.
Sir ROBERT INGLIS admitted, that while it might not
be desirable to enter into a dissertation on the sacred Scrip-
tures in that House, yet it was true that there were cases in
which they were bound to do so. The present he considered
one of those cases. With a view to their coming to a deci-
sion in this case, they must seek the guidance of the word of
God, and unless they took the Old and the New Testament
together, they could not come to a decision on the point.
Let them take the 18 chapters of Leviticus, and interpret it
in connexion with the New Testament, they would find
that it fully bore upon the present case. The general prin-
ciple laid down in that chapter was, that a man should not
marry those of near kin to him, and unless they could say,
because the marriage of a man With his daughter was not

expressly prohibited by the word of God, while it was said
that he should not marry his granddaughter, then he said
that they had as good a right to say that a man could not
marry his wife's sister, such not being directly prohibited in
Scripture. He could have wished that the system adopted
seven years ago, when they were not even allowed to discuss
the question, should have been followed on the present occa-
sion. But then it was said in the interim a royal commis-
sion had been issued, and a mass of evidence collected on the
subject. Into that evidence he did not require to go, as his
Right Honourable Friend the Member for Cambridge had
ably discussed that part of the question. For himself, he
had never risen in that House with greater personal pain than
on the present. and he said again, that he wished the dis-
cussion had not been raised. He believed that there never
had been laid on the table of the House a document so in-
formal and so irregular, as was the report of these royal
commissions. The Commissioners had not recorded their
attendance on any one occasion. But so far front this
Bill being the result of the researches of the commissioners
these Commissioners in the end of the report stated that they
had come to no decision whatever as to whether any or what
measure should be introduced for a change of the law.
Therefore the Commissioners reported nothing, and wanted
the Houseto do nothing. He agreed with two or three of the
facts stated in the report of these Commissioners. The Com-
missioners stated distinctly that the public opinion of Eng-
land was opposed to any such measure as the present. No one
could deny that the Bill before the House was against the
doctrine held by the Church of England, and whatever
might be said by those who wished to make it appear that
they were in connexion with the Church of England, but
who, by their practice, were not—by their decision he would
not be bound, as he was prepared, by the authority of the
Canons and Prayerbook of the Church of England, to prove
that such a measure was alike in direct opposition to both.
With respect to the law of Scotland which this Bill pro-
posed to supersede, he called the attention of the House to
the fact that that law was not a municipal law—that it was
not such as Lord Hardwicke or Lord Lyndhurst proposed to
set aside, for it was founded in the confession of faith set out
in the sth of William and Mary, and stating that no man
was to marry a nearer relation of his wife than of his own.
That was no obsolete statute, not having reference to the
feelings of the present day ; for the opinion of the clergy
of Scotland was against the measure, as admitted by the
Commissioners themselves; and if they added the laity also,
they would have been correct. His Right Honourable
Friend, the Secretary at War, had that very evening stated,
that if the Bill unhappily passed, he would move that it be
not extended to Scotland ; and he (Sir R. Inglis) hoped
the Hon. and Learned Member for the University of Dublin
would, on behalf of Ireland, give notice of a similar motion,
for he believed the feelings of the Irish people were as much
outraged as those of Scotland, by the introduction of such a
Bill. The Hon. and Learned Member for Southampton con-
tended that the present law of marriage in England arose
from the foul source of Henry the Eighth wishing to marry
Anne Boleyn. He denied that; but at all events, the prac-
tice of the universal church was against such marriages for
1,500 years. It also formed for the last 300 years a portion
of the canon law of England, and he trusted it never would
be set aside by an Act of that House. Should the Bill, how-
ever, get into Committee, he would endeavour to modify it
as much as possible, particularly that clause which left
the clergy to perform such a marriage or not,
just as it pleased them. He knew no greater source
of dissension in the Church than that would be ;
and he should, therefore, give it all the opposi-
tion in his power. Suppose, for example, the Rector of St.
Pancras refused to do so, and the Rector of St. Giles per-
formed such a marriage, would that, he would ask his Right
Hon. Friend, tend to promote unity or that one common
doctrine which members of the Church of England were so
willing to uphold ? There was one circumstance, however,
of great importance, namely, the feelings of the women of
England. He believed they were opposed to it, and wherever
he went to, the feeling was against such a proposition. He
did not allude to the 1,120 women whose petition the Hon.
Member for Devonport alluded to in his able speech ; he did
not mean those alone, for he himself had many communica-
tions, and one in particular from a lady of rank and con-
dition, who stated that she had eleven sisters, and that
were the law hitherto as now proposed, she should not have
allowed one of them to come near the house, for she would
be jealous of them all.—(Laughter.) It was well known
that many sisters who devoted their lives to the eare of the
orphan children of a deceased sister would never have en-
tered the house if this Bill were law, and would, as soon
as it was passed, abandon those children who owed so
much to their care and attention. He contended the Com-
missioners had not conducted that inquiry wish that labo-
rious research which the case required, and that, therefore,
the report they presented to the House was exceed-
ingly defective. For his own part, he should be most
happy to extend, as far as he could, the reasonable happi-
ness of his fellow-creatures, but he must not do so
when it was opposed to the word and will of God, and he
therefore implored the House to reject this Bill, in deference
to the feeling of the people of England, to the great majority
of the people of Scotland, and of the people of Ireland, the
latter of whom expressed most ably their opinions by the
petitions presented to that House, by the clergymen of the
Established Church of that part of the United Kingdom. If
it be also true that the great Church of Rome concurred in
the same feeling ; if it be true, as he had already said, that it
was peculiarly a woman's question, he implored of the House
not to violate the law of God, or his Church, or offend the
great mass of the people of this country, by the passing of
such a Bill.—(Cheers. )
Mr. NAPIER then moved the adjournment of the de-
bate, after which the House adjourned at Half-past Twelve
o'clock.

PARLIAMENTARY BUSINESS.
(From the Votes and Proceedings of the House of Coinmons.)
FRIDAY, MAY 4.
STANDING ORDERS COMMITTEE.
The following Resolutions were reported from the above
Committee :

1. That in the case of the Lancashire and Yorkshire
Railway (Extension of Ashton Branch, of Clifton Branch,
&c.) petition for additional Provision, the standing orders
ought to be dispensed with :—That the parties be permitted
to introduce their additional Provision if the Committee on
the Bill shall think fit.

2. That in the case of the South Devon Railway (to
regulate priority of Dividends) petition, the standing orders
ought not to be dispensed with.
3. That in the case of the Westbead's Patent (for Im-
provements in Manufacturing Fur into Fabrics) petition,
the standing orders ought to be dispensed with:—That the
parties be permitted to proceed with their Bill, on inserting
the notice once in the London Gazette :—That the Com-
mittee on the Bill do examine, in the first place, how far such
order has been complied with, and do report the same to
the House on the report of the Bill.
. .

•
First and third Resolutions agreed to.—Report to lie on
the table.

SHEFFIELD ELECTION.

An event unprecedented in the political history of Shef-
field has happened this week—the election of a borough
Member without a contest. The proud distinction of being
thus unanimously returned has fallen upon Mr. John Arthur
Roebuck.
The retirement of Mr. Ward, as one of the representatives
of this borough took place on Friday (yesterday) week, and
on the same night a new writ was moved for, issued, and
sent down to the sheriff of the county. On Saturday the
writ was placed in the hands of the mayor, Mr. T. R. Barker,
upon whom, as returning officer, it devolved to fix the day
of election. His worship, without a moment's needles
delay, announced by placard the earliest day that he could
appoint for the nomination—namely, Thursday, the three
intervening days required by law being Monday, Tuesday,
and Wednesday.
The election took place on Thursday, at ten o'clock, and
was conducted on a spacious and commodious hustings im-
mediately in advance of the enclosed area of the Corn-
Exchange, and the large vacant space in front (the New
Haymarket) was appropriated to the assemblage of the in-
habitants.
Precisely at 10 o'clock, the Mayor and Town clerk having
taken their place upon the hustings, Mr. Roebuck arrived
and ascended the platform, accompanied by Mr. Fisher, Mr.
Dunn, and other gentlemen. Among the more influential
electors present on the hustings we noticed—Mr. Fisher, Mr.
Dunn, Mr. Philips, barrister-at-law ; Mr. Gainsford ; Mr.
Hinds, solicitor; Mr. J. W. Smith, solicitor; Mr. Hills,
grocer ; Mr. J. P. Cutts ; Mr. Councillor Wall ; the Rev. Mr.
Rhodes, of Fulwood ; Mr. W. Fisher, jun. ; Mr. M. J. Elli-
son ; Mr. Isaac Ironside ; Mr. Isaac Schofield ; Mr. G. L.
Saunders ; Mr. R. Roper ; Mr. Fewsdale ; Mr. Mycock ;
Mr. John Yeomans, jun. ; Mr. Beale ; Mr. R. Otley ; Mr.
Johnson, Fargate ; and also a party of ladies.
The preliminary forms having hewn observed,
Mr. W. FISLUER came forward and nominated John Arthur
Roebuck, Esq., as a fit and proper person to represent the
borough of Sheffield in Parliament.
Mr. E. SMITH seconded the nomination.
Mr. lIIONSIDE concurred in the nomination of Mr. Roe-
buck, but entered at same length into points on which he
differed with him. The first of these was as to the exclusion
of criminals from the exercise of the franchise; the rest
related to what Mr. Ironside called questions of social re-
form, in answering which he gave Mr. Roebuck 12 months
to consider.
Mr. Rosana( then came forward, and said that it was not
one man, nor one class of men, that had brought him to the
position he then occupied; that he was there as the repre-
sentative of the whole constituency, and that going up to
Parliament as the representative of a large commercial town,
he hoped his opinions might have power where they ought
to have power. It had suggested itself to him that this se-
lection had been made because he had educated himself to
the business of legislating. It was his firm belief that a
man could not be a good legislator without education, and
that amateur legislation led to the evils which they saw
around them. He would be their representative, but not
their delegate. He had heard it said that labour was the
source of all wealth, but it must be conducted by intelligence
to make it effective. In the manufacturing community which
surrounded him he found many internal disputes, and he be-
lieved that there were wrongs on both sides. As to trades
unions, it was a perfectly right course for men to combine
together if they acted legally, but they might come to a
wrong conclusion even for their own benefit. Mr. Roebuck
here proceeded to repel a charge brought against one
of the Judges by Mr. Ironside, in connexion with a
case of illegal combination in a trades union. Having
also stated his difference with Mr. Ironside on other points,
he proceeded to state his opinion that most of the evils
which afflicted the working classes had nothing whatever to
do with the exclusive state of the franchise. It there was a

Chartist Parliament elected to-day, and they were about to
; legislate, these differences of opinion would arise upon the
question of the issue of money. There would be a minority
and a majority, and the Chartist Speaker would have to de-
clare who had it. England contained a large number of
people, and the Chartists would soon find that they
formed only a small fraction of the community, and
that people would go to a Chartist Parliament who did
not approve of the Charter. He wanted the law to protect
the working classes against any man's interference or coer-
cion; when he did that he did all he could do. The law
could not make bread, it could only prevent the working
man's bread being taken from him. if he could assist in
any way the enfranchisement of the people, they would
always find him ready. He would not pledge himself to any
body or any thing, but if he did not act as they liked, they
knew what to do. As to the effect of taxation on the suffer-
ings of the people, his view was this,—he thought that the
unskilled labourers' whole wages were decided by tl sir num-
bers; and supposing that immediately after the wage was
fixed the whole of the taxation was taken off the commodi-
ties which formed the consumption of the working man,
what would be the consequence upon the wage of the la-
bourer. He sincerely believed that the instantaneous
effect of its being discovered that tea, tobacco, sugar, and
such like, were lowered one half in price would be that
down would go the wage one half. If that was the rule,
taxation did not oppress the unskilled labourer. But
taxation interfered with the rule that a man should
have perfect liberty to exercise his ingenuity, his
skill, and his capital, without let or hindrance from
anybody. If large portions of the public Toney were
spent upon idleness or unnecessary squandering, as he
saw from day to day, the great body of the people were
deprived of their wealth, and the happiness of the com-
munity was detrimentally affected thereby. But the great
mischief was done indirectly, by the terrible trammelling of
the labouring man's ingenuity, and not directly by the effect ,

upon his wage. With respect to his opinion upon Frost,
Williams, and Jones, he thought that they had acted un-
fairly by the working men, and that any educated man leading
an unarmed multitude right into the face of discipline and
well-armed infantry was not a good or a wise man. Ho
would himself, if a time came, as come it might, that
rendered rebellion necessary—he would himself be the man
that would be shot.down. He would not run away, and let
others be shot; and these men having done so, he would not
ask any Minister of the Crown for the remission of their
punishment. As to local taxation, there appeared to him a
great deal too much of it, but it was too intricate a subject
to enter on then. Mr. Cobden's scheme of taxation he charac-
terised as an unstatesmanlike view. If it was necessary to take
ten millions off, let it be so ; but if it was requisite to have a
certain sum to carry on the business of the State, he would
have that sum, whatever happened. As to the question
of Church and State, he honestly supported the principle
that every congregation ought to support its own minister.
But where a majajority of the community wanted a State
Church he would not go against it. If he found that a ma-
jority in this country said that a State Church ought to be
simply a Church of the Protestant Episcopal part of the
country, he would go that way. But he considered the
revenues of the Church to belong to what, in common par-
lance was called " the Church," meaning thereby the
Churchmen, and not the Church. The Church was the
great body of communicants, and not the clergy; therefore
he drew the conclusion that Church property belonged to
the people, and the majority of them might do with it what
they liked. He did not believe that the majority of the peo-
ple were agreed to divest at once any portion of the Episco-
pal Church of the country of their property, and to make it
property for any other purposes. He believed that if
England was polled to-morrow a majority of its
inhabitants would be found members of the Episcopal Church
and in favour of its connexion with the State. In Ireland
this was not so, the Church there being in the minority.
He was prepared, therefore, instantly to do away with the
Church of Ireland, which he regarded as one of the greatest
enormities in Europe. He proposed to apply the funds of
that Church, not to the endowment of Roman Catholicism,
but to the education of the Irish people. The New Poor-
law was a dismal subject, and he would deal with it as well
as he could while there was a gleam of sunshine. Mr. Roe-
buck then proceeded at great length to explain his views on
this point. He concluded by expressing his great gratifica-
tion at the manner in which he had become the representa-
tive of the borough of Sheffield. It proved to him that
amongst all classes of his countrymen upright conduct did
meet its own reward, and that if a representative did his
duty by the people, the people would do their duty by him.
The proceedings terminated with the usual vote of thanks
to the Mayor.

LAW INTELLIGENCE.
COURT OF EXCHEQUER, May 4.
(Sittings in Banco.)
IN RE TICE " SATIRIST" NEWSPAPER.
Mr. KNOWLES appeared to show cause against a rule call-
ing on the sureties for the printer and publisher of the
Satirist newspaper to show cause why the Duke of Bruns-
wick should not be at liberty to proceed against them on
their bond under the Ist William IV., c. 73. It appeared that
the Duke of Brunswick had obtained a verdict and judgment
against the Satirist for a malicious libel, and there being no
property available to satisfy the judgment, his Royal High-
ness sought to set in motion the provisions of the statute
above-named against the sureties. That statute enacts that
if it should be made out to the satisfaction of the Court of
Exchequer by the plaintiff in such a cause that he has not
obtained any satisfaction from the defendant, it shall be law-
ful for the Court of Exchequer to direct such proceedings
against the sureties on their recognizances as might be taken
by the Crown to recover any fines and penalties.
The ATTORNEY-GENERAL, being in court when the rule
was mentioned, interposed, and informed the Court that this
proceeding seemed to him to be an assumption by the Duke
of the office of public prosecutor. He was constituting him-
self thereby the representative of the Crown for the recovery
of penalties due to the Crown, for the bond was given to the
Crown.

Mr. KxowLEs suggested that the only proper way of
enforcing the statute was for his Learned Friend the Attor•
ney-General to file an information.
The CHIEF BARON—The section certainly would warrant
that view of it. We will hear the other side.
Mr. SNOW, in support of the rule, contended that the words
of the Act justified the Court in interfering on the applica-
tion of the plaintiff in the original suit, otherwise the statute
would seld.)in be enforced, except at the discretion of th•
Attorney-General.
Mr. KNOWLES having been called on to continue his argu-
ment on the merits, submitted that the Duke had entirely
misconceived his remedy. The Ist William IV., c. 73, sec.
4, only contemplated actions against " the editor, conductor,
or proprietor," and the defendant in this action was only the
printer and publisher.
Mr. SNOW, in reply, urged that the printer and publisher
fell within this section of the Act, and not the editor, con-
ductor, or proprietor, who never entered into the bond. If
this objection were to be allowed the Act would be wholly in-
operative.

The COURT, however, thought the case was free from
doubt. The defendant being neither editor, conductor, or
proprietor, the Court had no power to proceed against him in
the way pointed out by this rule, which must, therefore, be
discharged with costs.

COURT OF COMMON PLEAS, May 4.
(Sittings in Banco.)

THOMPSON V. THE WESLEYAN NEWSPAPER ASSOCIATION.
In this case Mr. Serjeant Talfouri and Mr. Grey appeared
to show cause against a rule obtained on a former day by
Mr. Serjeant Bylesand Mr. Willes, calling on the defendants
to show cause why the verdict should not be entered for the
plaintiff on the first and fourth issues non obstante veredicto,
pursuant to leave reserved at the trial.
The action was tried at the Middlesex sittings after Hilary
term last year, before Mr. Justice Maule. The action was
brought by the plaintiff as the endorsee of two bills of ex-
change, accepted by the Wesleyan Newspaper Association.
The declaration stated that the association in question was
a registered company under the Joint-stock Companies
Registration Act (8 and 9 Victoria, c. 110), and that by
their deed of settlement a power was given to two of the
directors of the company for the time being to accept bills
of exchange on behalf of the company, and that two such
bills, one for 1041. and the other for 521., were drawn by
one Healey upon, and were accepted by two of the directors
of the company on behalf of the association, and counter-
signed by one Brewtenal, the managing director duly autho-
rised in that behalf. The pleas material to the argument
denied the authority of the directors to accept the bills on
behalf of the association. The deed of settlement made
provision for the purchase of the Wesleyan newspaper by
the association for 3,0001., 1,0001. of which was to remain as
a debt, for which the directors were empowered to draw bills
of exchange, or to make promissory notes, pursuant to the
directions of the Joint-Stock Companies Act. The deed
also provided that it. should not be lawful for the company to
contract any debts fur more than 1001. at any one time,
except for the purchase-money, and that the directors might
accept a bill of exchange or make a promissory note for
that balance. There was also a power in the deed of
settlement reserving power to the directors to alter
and vary the company's contracts. The directors having
given a note for the balance of 1,0001. of the purchase-
money to Healy, at his recriest for the convenience of
discount, gave ,smaller bills in lieu of the 1,0001.
bill, two of which were those sued upon, the 1,0001. note not
having been delivered up. dealey afterwards became bank-
rupt and the 1,0001. note passed into the hands of his as-
signee, though no demand had been made in respect of that
note. The 45 section of the Joint-Stock Companies Act
directs that bills of exchange accepted by a joint-stcok com-
pany should be signed by two of the directors and counter-
signed by the secretary. At the trial the Learned Judge
who tried the case intimated an opinion that the defendants,
according to his construction of the deed of settlement, were
entitled to a verdict, but reserved leave to the plaintiff to
move to enter the verdict for him if the Court should be of a
contrary opinion.
In showing cause against the rule the Learned Counsel
contended that the directors were not authorised by the
deed of settlement to accept those bills. The deed only
contemplated one bill for the balance of the debt, and the
power ought to be strictly pursued; and the deed being re-
gistered, the plaintiff' had the power of inspecting it and
ascertaining the limited power of the directors as to accept-
ing bills.

—Mr. Sergeant BYLES and Mr. WILLES, in support of the
rule, contended that the directors had duly exercised their
power, and the plaintiff being an endorsee for value, it did
not lie in the mouth of the defendants to deny the execution
of the power. The deed recited that the parties of the first
part had entered into a company for the purpose of purchas-
ing the copyright of the Wesleyan newspaper, and of the fix-
tures, types, &c., of the office, for the purpose of carrying on
the paper. This agreement was in the nature of a partner-
ship for carrying on the newspaper. They had power given
them by the deeds to draw bills ; an inspection of the deed
would show that to a proposed endorsee, and the bills were
drawn according to the form ordered by the 45th section of
the Joint Stock Companies' Act. The bills were, therefore,
the bills of a trading partnership, having power to accept
such bills, and were duly accepted. On these grounds it was
submitted that the defendants were liable on the bills de-
clared on.

The COURT took time to consider its judgment.

POLICE INTELLIGENCE.
THAMES.
___ _

His Highness the Prince Cast eleic ala, the Ambassador to
this Court for the kingdom of the Two Sicilies, came before
Mr. Ingham, with Mr. Bodkin the barrister, and a gentle-
man belonging to the firm of White, Broughton, and White,
solicitors, of Great Marlborough-street, for the purpose of
obtaining process against Captain John Moody, late com-
mander of the steam-ship Bombay, which was seized about
seven weeks ago by the Custom-house authorities for a vio-
lation of the Foreign Enlistment Act (59th of George 111.,
chap. 69). The vessel and stores have been since valued by
Mr. Cornell, the Queen's appraiser, at 50,0004 and are still
under detention at Blackwell.
Mr. Bodkin, after introducing the Prince, addressed the
Magistrate, and said he was directed by his Highness to
apply for a summons against Captain John Moody, a Bri-
tish subject, who, in violation of the law, had, without
leave of her Majesty Queen Victoria first had and ob-
tained, fitted out and equipped a steam-ship called the Bom-
bay, for the purpose of assisting the insurgents of Palermo,
who were in rebellion against the authority of their lawful
sovereign, the King of the Two Sicilies. The Act 59th
Geo. 111., c. 69, commonly called the Foreign Enlistment
Act, was a very important one, and began by stating that
" Whereas the enlistment er engagement of his Majesty's
subjects to serve in war in foreign service without his Ma-
jesty's license, and the fitting out and equipment and arming
of vessels by his Majesty's subjects without his Majesty's
license, for warlike operations in or against the dominions
or territories of any foreign Prince, state, potentate, or per-
sons exercising, or assuming to exercise, the powers of Go-
vernment in or over any foreign country, colony, province,
or part of any province, or against the ships, goods, or
merchandize, of any foreign Prince, state, potentate, or per-
sous as aforesaid, or their subjects, may be prejudicial to
and tend to endanger the peace and welfare of this king-
dom." After reciting other enactments, the Learned Counsel
went on to say that the wisdom of the law could not be ques-
tioned, and then read the 7th section applicable to the present
case, and which expressly prohibited the equipment of vessels
for warlike purposes, for the service of any foreign power with-
out the consent of the Sovereign of these realms ; and upon con-
viction the offender was liable to fine or imprisonment, or
both in the discretion of the Court. Amidst the convulsions
which affected foreign states, it was well known that the
Sicilians had rebelled against the authority of the King of
Naples—or more properly speaking, the King of the Two
Sicilies—whose Ambassador to this Court was the present
complainant. Soon after the breaking out of the insurrec-
tion in Sicily the insurgents commissioned agents to visit
England, and they purchased two large steamers, the Victor
and the Bombay, both (as our reporter understood the
Learned Counsel, who was occasionally scarcely audible) for-
merly belonging to the Oriental Steam Navigation Company.
The real destination of these steamers was, of course, kept a
secret as long as possible, and one of them, the Victor, was
fitted out for warlike purposes at Liverpool, and sailed from
that port before the Sicilian Embassy could obtain sufficient
legal evidence to justify her detention. The Victor proceeded
to galta, where her name was changed to the ludependanza,

and she proceeded to Palermo as a war steamer, and reached
that place only two days before the Neapolitans blockaded
the port. The same steamer had since left Palermo with
the Polish General of the insurgents and 200 insurgents ou
board, and reached Marseilles a few days ago, where she
was seized by the French authorities, and the Pole and the
Sicilians made prisoners. It was, however, with the Bombay
that the magistrate was called upon to interfere. Sicily
formed part of the kingdom of the Two Sicilies, which was
on terms of peace and amity with Great Britain. The ac-.
credited agent was his Highness Prince Castelcicala, who, as
the representative of his Sovereign, had a right to complain
that steamers had been fitted out in this country to aid
and assist the insurgents in Sicily. The Bombay was a
steamer of very large burden, well calculated for warlike
purposes. It would be proved in evidence that she was pur-
chased by the agents of the Sicilian insurgents; that the,
command had been vested in Captain John Moody, and that
considerable alterations had been effected after the original
owners had parted with her, although she was a new
steamer. Her knees were strengthened, and improvements
effected to admit a traversing battery into operation on her
decks. Her bulwarks were so constructed as to conceal her
batteries, and a large powder magazine was formed. En-
gineers and stokers were engaged to take her from this port
to the Mediterranean, and everything was in readiness for
her departure on her warlike expedition when she was de-
tained and seized by the Custom-house authorities at Black-
well. It would be satisfactorily made out that the Bombay
was equipped under the direction of Captain John Moody,
and that when she went down the river on an experimental
trip to ascertain her speed Captain Moody had the command
of her, and the agents of the Palermo insurgents were on
board. He therefore asked that process should issue against
Captain Moody. With the political part of the question
had nothing to do, and he would abstain from saying whether
the Sicilian insurgents were entitled to sympathy or not.
People might sympathize with their cause if they pleased,
but it was the bounden duty of the distinguished foreigner
whom he represented to protect the interests of his Sove-
reign, and for the Government of this country, and those who
administered the law, to take care that the Act of Parliament'
was carried out to prevent our being embroiled in the wars of
foreign states.

INGHAM—DO you apply for a summons or a warrant,
Mr. Bodkin?

Mr. Bodkin—For a summons. A late Act will enable you
to grant one. The question is simply this, whether I have
not made out a case for your interference under the 7th sec-
tion of the Act.

111 r. INGHAIK read the 7th section, and said that Mr.
Bodkin was entitled to the summons. He supposed the ob-
ject was, for the captain Lto be brought before him, and if
the charge was made out, to call upon him to find bail to
answer the charge at the sessions.
Mr. Bodkin—Exactly so. I ask in the first instance for A
summons only.
Mr. IxattAm—And the Prince Castelcicala comes before me
as a complainant?

Mr. Bodkia—Yes Sir, to protect the rights and interests
of his Sovereign.
Mr. INGHAM—Let the summons issue.
Mr. Bodkin-1 have prepared a form, Sir, and the sum-
mons, with your permission, will run thus :—" That you.
John Moody, did unlawfully, and without the leave and
license of her Majesty Queen Victoria, equip, and endeavour
to equip, and knowingly did aid and assist in equipping a
certain steam vessel called the Bombay, in order that such
vessel should be employed in the service of certain persons
assuming to exercise the powers of government in a certain
foreign state—to wit the kingdom of the two Sicilies—and
with intent to cause and commence hostilities, to wit a certain
foreign Prince with the King of the Two Sicilies, when her
Majesty was not at war at the time of the commission of the
said offence; contrary to the statute."
Mr. IsGnAsf—Let the summons issue in that form.
Where is the Bombay now?
Mr. Bodkin—At Blackwall, in the possession of the offi-
cers of the Crown.

The summons was then made out, anl the Prince and his
suite retired.

NA VAL INTELLIGENCE.

Ar.EA, Aram 22.—The passing events of the last feW
days are of exciting interest ; steamers, arriving from ports
of Sicily, discharge their living cargoes of the vanquished•
Republicans into the island, and we are now literally swarm
ing with people of that nation of every hue and grade. The
news of the unwillingness of the National Guard of Palermo
to burn powder against the troops of Naples reached us on
the 19th inst., by the French steamer Independente, on
board of which vessel arrived here the Duke of Verdure.
Colonel Massa, and several members of the Palermitan
Parliament, who have effected their escape; and the cele-
brated Ruggiero Sittimo is hourly expected by the steamer
Bosphoro.
The Chevalier Wiercinski, whose letter to the Minister of
War at Palermo, I sent you on the 16th inst. by the Locust,
left us this morning with his family, by the French steamer
Eurotas ; and so great is his poverty that he could only ob-
tain a deck passage, the Admiral having refused him a pas'
sage by the Hibernia.
Her Majesty' ship Hibernia is ready for sea, and is under
orders to leave this place for England on Tuesday next. The
Admiral's flag will be hoisted on board the Caledonia.
Yesterday arrived a steamer from Genoa with the Repub-
lican flag flying.
Her Majesty's judges have this week been employed in the
trial of two suldiers of the 44th Regiment, William Forth
and James Alexander; the one, charged with robbing
Frenchman; the other, being on sentry, for stopping a
Greek and robbing him. Forth was convicted and sen-
tenced to six months' imprisonment; Alexander was ac-
quitted. _ _ _

n A private of the 44th Regiment, John Ward, fired his gun
into a powder magazine on the 19th inst., and afterwards
threw uff his regimental clothing to make his escape. Ile
was siezed, and delivered over to the main guard, and yes'
terday was brought to a court-martial. His sentence has
not transpired, but it is thought that the principal charge Is
not proved.

The Genoese fleet is hourly expected.
The India mail, expected on the 24th, will be sent through
France, by the Medusa, Captain Bathurst, who so nobly
entertained Sir C. Napier, en route from Marseilles to Leg-
horn.
PonTssiourrn, May 4.- By the death of Admiral Sir Adam
Drummond, K.C.H. an officer of 70 years' service Sir John
A. Ommanney, K.C.8., Vice-Admiral of the Red, obtains the
rank of Admiral; Rear-Admiral Sir D. H. Mackay, Com-
manding-in-Chief on the Cork station, attains the rank of
Vice-Admiral; and Captain Ferguson (1814), obtains his
flag. The usual changes in the squadron of Red, White,
and Blue, also take place.
Captain Peter Richards, C.B. (1828), superintendent of
the Pembroke Dockyard, is ordered to be removed to Chat-
ham Dockyard, vice Sir Thomas Bourchier, deceased.
Captain Henry Algernon Eliot (1830) is appointed super-
intendent of Pembroke Dockyard.
Captain Sir Thomas Sabine Pasley (1831) is appointed to
the Castor, 36, at Chatham, to hoist a broad pendant of the
second class, and take the Command-in-Chief on the Cape
of Good Hope station, vice Rear-Admiral B. Reynolds, C. 13-0
who will be removed to the south-east coast of America, vice
Commodore Sir Thomas Herbert, K.C.8., to be ordered home-
FUNERAL OF SIR THOMAS BOURCHIER, K.C.B.—The re-
mains of this gallant and distinguished officer were inter-
red on Thursday at the new burial-ground at Chatham,
with military honours. The procession left the superinten-
dent's official residence at half-past two o'clock ; the flag-
ship Poictiers firing minute guns, and the colours at all the
Government establishments and on board the ships being
lowered halfway down the staff. All the naval officers et
the port, most of the officers of the garrison, together with
the officers of the dockyard, formed the mournful cortege,
Vice-Admiral the Hon. G. Elliot, C. 8., Commander-in-Chief
at the Nore, bringing up the rear. A detachment of the
Royal Marines formed the firing party, and the Marine band
performed the funeral march. The large concourse of offi-
cers of all services, and the thousands of the respectable in-
habitants of the town who were present, testified the great
respect in which the gallant deceased was held in the
neighbourhood.

The statement that Captain Charles Hope i 3 appointed
Superintendent of Pembroke Dockyard, and that Captain
Sir Thomas Pasley, Bart., is appointed Commander to suc-
ceed Rear•Adiairal Reynolds in command of the Cape, 13
not true.

The Admiralty have ordered that vegetable tar be dis-
continued for paying the bottoms of ships, and for saturat-
ing the paper placed under the copper, and that mineral tar
be used in future for that purpose.
The Comet steamer, Commander Otter, went to Spithead
on Thursday, and sailed for the Hebrides on Friday.
It is expected that the value of the freight of the Ca'
lypso, 20, Captain Worth, from the Pacific, will be 3,000,000
of dollars.
In port and fitting.—The Victory, 22, flag-ship of the
Commander-in•Chiet ; Illustrious, 10, Admiral Superinten-
dent's flag-ship; *Victoria and Albert Royal steam yacht;
Excellent gunnery practice ship ; Blenheim, GO, steam block
ship, and guard ship of steamers; and Rolla, 6, exercise brig
for naval apprentices; Stromboli, Plumper, and *Reynard
steam sloops; Fairy, Fire Queen, Elphin, Bee, and Myrtle
steam tenders; Echo steam tug; Fanny, Commander-in'
Chief's yacht; Portsmouth, yacht ofAdmiral Superintendents
At Spithead.—The Superb, 80.
In the Steam Basin.—The Ajax, 56, steam block ship ;
Victoria and Albert Royal yacht; Sidon, Termagant, Re-
tribution and Penelope steam frigates; Cormorant, Phcenix,
and Polyphemus steam sloops; Urgent and Sprightly steam-
packets.
In Dock.—The Princess Charlotte, 104 ; Vindictive, 50;
Grampus, 50 ; and Devastation steam sloop.
N.B. Those marked with an asterisk are in the steam
basin undergoing repair.
The old basin is under repair.
Wind, S.E. by S. ; moderate breezes and hazy weather.
CHATHAM, MAY 4.—The Pigmy steam vessel has pro-
ceeded to Sheerness to be employed under the direction of
the Vice-Admiral the Hon. G. Elliot during the time the
Wildfire steam vessel remains under repair.
The Castor, 36 guns, is masted, and is now ready for com-
mission, and she i 3 daily expected to hoist the peadant ; there
are waiting a number of blue jackets to be entered as soon as
she is commissioned.

The Cleopatra, 26 guns, Captain T. L. Massie; the pendant
of this ship was hoisted on the 2d inst., by the Master, J. T.
Davies, and the same day the First Lieutenant, E. A. Por-
cher, joined the ship, and the previous day 84 supernumerary
seamen were brought by the Confiaace steamer from Ports-
mouth, and the Myrtle steam vessel also brought from Ports-
mouth 26 seamen for the Cleopatra ; and on the 3d inst. the
Royal Marines from the Chatham division joined the same
ship, viz., 1 sergeant, 1 corporal, 1 drummer, and 31 privates
under the command of First-Lieutenant James Taylor. The
Cleopatra's complement is to consist, including officers, of
240 men ; she is completed excepting trifling j obs consequent
on ships fitting for sea.
The Duck, Savage, master, sailed yesterday with stores for
Devonport ; and the Rochester naval lighter, Sudwicks
master, sailed for Woolwich with stores.
rADv."—

:VE RTISE MEN T. —TEE EARL OF ALDIiORO you
AND HoLtowAv's PILLS.—An astounding cure by this miraculous
medicine, alter every other means had failed. See extract from big
Lordship's letter, dated " Villa Messina, Leghorn, Feb. 21, 1845.
Professor Holloway—Sir : I beg to acquaint you that your pills have ef-
fected a cure of a disorder in my liver and stomach which all the molt
eminent of the facility, at home and all ever the continent, had not
been able to effect ; nay, not even tha waters of Carlsbad or 1.1!4"
rienbad. (Signed) " ALDsortouon." These wenderfhl pills will cure any disease of the liver or stomach.—Sold (also HellowaY S
Ointment) at Professor Holloway's Establishment, 244, :Maid, and
by *ll medicine vendors throughout the civilised world.

BTHS,
At Tiptrce-hall, Essex, on the 4th inst., the lady of Mr.
Mechi, of a daughter.
On the Ist inst., at Antony, Cornwall, the wife of W. H.
Pole Carew, Esq., M.P., of a son and heir.
On the 2d inst., at Sussex-place, Regent's-park, the lady
of I. Moses, Esq., of a daughter.
On the 2d inst., at Bolton-street, Piccadilly, the ails of
Dr. Tyler Smith, of a son.

DIED.
At St. Ilelier's, Jersey, on the let inst., Sarah Forbes, wife
of Captain Williams, R.N.
A. St. Leonard's-on-Sea, on the 2d inst., Julia, only (laugh'
ter of the I:..te Vice-Admiral Peacocke.

London: Printed and Published by MURDO YOUNG, of
No. 112, Strand, Printer, at The Sun Office, No. 112,
Strand, in the Precinct of the Savoy, in the covnty of
Bliddloaez, Saturday, May 6, 1849,