The Sun.
London, England, 1831-08-05 00:00:00

DONNA MARIA.

The Marquis of LONDONDERRY—He had, the
other day, asked a question of the Noble Earl at the head
of his Majesty's Government, relative to the reception at
Portsmouth of little Donna Maria ; and it was with pain
that he felt himself justified in complaining of the want of
candour in the Noble Earl's answer to that question. Ile
had asked the Noble Earl what orders had heen sent to the
authorities at Portsmouth to receive Donna Maria as
Queen of Portugal ? and the Noble Earl had answered
that he did not know what orders had been sent as to her
reception, and that he did not know whether any orders at
all had been given on the subject; and with that answer
he (the Marquis of Londonderry) was hound to be satis-
fied. But after having received this answer, he was sur-
prised to see in the Evening Papers a statement, appa-
rently founded on good authority, that orders had been
sent to the proper official persons at Portsmouth to receive
the Emperor Don Pedro, and his daughter, the little Pre-
tender, Donna Maria, with all the honours usually paid to
crowned heads ; and then there was a detitled account of
what these honours were to be. Now lie really did think
it very extraordinary, that if the Noble Earl was apprised
of the intended arrival of the little Pretender—(Hear)—
and had made preparations for that arrival, no orders should
have been sent respecting her reception, or that, if any
orders were sent, they should have been sent without the
knowledge of the Noble E al at the head of the administra-
tion. It appeared then, that the Noble Earl was so little in
the confidence of some Members of his own Cabinet, that
they really did not think it worth while to apprise him
of what steps they were taking in matters of high im-
portance. They sent the order', it appeared, without
thinking it necessary to consult the Noble Earl at all about
the matter, so that there was a want of confidence between
the Noble Earl and some of his colleagues on other sub-
jects besides the Reform Bill. Since then it appeared that
orders hail been sent to receive the little Donna Maria
with all the honours usually paid to crowned heads, he
wished to know whether the Noble Earl had any objection
to produce the orders, or to lay copies of them on the table ?
Earl GREY—He really did not know that there was
any want of candour in the answer which he had given
the Noble Marquis's question. The Noble Marquis had
asked what orders had been sent to the proper authorities
at Portsmouth to receive Donna Maria as Queen of Portu-
gal, and his answer was simply that he did not know what
orders had been given for her reception, or whether any
orders at all had been given on the subject. That was the
fact. It might be culpable in him to be ignorant of what
had done about the reception of the Emperor Don Fedi°
and his daughter, Donna Maria; but at the same time,
when the Noble Marquis put the question, lie was not
aware what orders had been given, or whether any
orders had been given on the subject. In consequence of
the Noble Marquis's question, however, he had male
inquiries; and the result was, that be found that no
letter, or written direction had been sent by the
Secretary of State on the subject, but that some verbal
conference had taken place between the Secretary of State
and the Commander-in- Chief of the Army, and the First
Lord of the Admiralty, relative to the reception of the
Emperor Don Pedro and his daughter. But the orders
went to her reception with the honours generally paid to
Royalty, without the least reference to her title as Queen
of Portugal. The honours directed to be paid were merely
honours usually accorded to the Royal station, without any
political recognition or reference to the title of Donna
Maria as Queen of Portugal. The Noble Marquis had
thought proper to designate her as a Pretender. But
the Noble Marquis could scarcely have forgotten that
Donna Maria had been received and recognised by his late
Majesty as Queen of Portugal—(Hear, hear)--and had
been treated as such with Royal honours. But her late
reception at Portsmouth bad nothing to do with her title
as Queen of Portugal, but was merely the usual reception
afforded to all persons who held the Royal station. Not-
withstanding, then, the solemn questions and threatening
denunciations of the Noble Marquis with regard to this re
ception, the Noble Marquis had only, after all, discovered
what was vulgarly called a mare's nest.—(A loud laugh.)
The Earl of ABERDEEN was glad that his Majesty's
Ministers had not given any orders which implied a politi-
cal recognition of the title of Donna Maria as Queen of
Portugal; and he agreed with the Noble Earl, that the
directions given as to the reception really did not amount
to more than that Donna Maria was to be received with
the honours usually, in courtesy, paid to persons holding
the Royal station. The Noble Earl had remarked, that
his late Majesty had acknowledged Donna Maria as the
heiress of the Portuguese Crown, and had received her as
Queen of Portugal. He did not mean to give any opinion
as to the validity of the title of Donna Maria to the throne
of Portugal ; but he did say that the question as to whe-
ther her title was valid or not, was one beyond our juris-
diction. It was a question for the Portuguese, and for
them only to decide. If we were to interfere and take
upon ourselves to say that Donna Maria was Queen of
Portugal, we might just as well take upon ourselves to say
that Henry the Fifth should be King of France to-morrow.
The Marquis of LONDONDERRY was much gratified
to find that the orders given as to the reception of Donna
Maria did not imply any acquiescence in the assumed title
of Queen of Portugal. As to what the Noble Earl had said
relative to the recognition of Donna Maria as Queen of Por-
tugal by his late Majesty, it ought to be kept in view that
three years had elapsed since that time, and that circum-
stances were entirely altered. The Portuguese, with whom
the matter rested, had chosen their own Sovereign. He did
not mean to say any thing thing as to the character of
that Sovereign. On that point there was much difference
of opinion. But it was sufficient that lie was recognised
by the Portuguese nation as their Sovereign, and received
by them as such with as much obedience, affection, and
attachment, as ever Sovereign was received in any country.
It was impossible, then, that a Ministry which laid so
much weight on the principle of non-interference, could
attempt to set up a Sovereign of Portugal contrary to the
one whom the Portuguese had chosen. The Noble Earl
(Grey) had some time ago made a speech in favour of the
the principle of non-inttzference, to which speech he would
have the opportunity of adverting in a few days ; but in
the mean time he was glad that he had forced the Noble
Earl to give a satisfactory answer to his question.
The Duke of RICHMOND moved that a Select Com-
mittee be appointed to make some arrangements respect-
ing the library belonging to their Lordships' House.
The Committee was accordingly appointed.
Lord TEYNHAM postponed the second reading of his
Overseers of the Poor's all till this day week.
COAL DUTIES.

Earl GREY moved the second reading of the Coal
Duties' Bill.

The Earl of ABERDEEN stated that a Noble Friend

of his intended to make some observation on this Bill, but
could not attend to-day. His Noble Friend, however,
did not mean to oppose the Bill, and had no objection that
it should proceed, as he would have an opportunity of
making his observation at the time of the third reading.
The Billwas then read a second time, committed, and
reported, and ordered to be read a third time on Monday,

IRISH TOBACCO BILL.

Lord AUCKLAND moved the second reading of the

Irish Tobacco Bill. The object of it was to extend the
prohibition which akeady existed in England and Scotland
as to the growth of tobacco, to Ireland. The Bill could
do no serious injury to Ireland ; and yet, with a view to
the revenue, it was highly expedient, if not necessary, that
the Bill should pass.
Lord TEYNHAAI did not mean to oppose the Bill
but he wished that the revenue had been protected by same
other method.
The Earl of WICKLOW thought that the Bill was
contrary to the principles of free trade, on which the Ali
nislers professed to act. He had lately, by way of experi-
ment, put three acres under tobacco, and the experiment
succeeded beyond his expectation. He found that in cul-
tivating this artcle, he could give a great deal of employ.

ment to the poor.
The Marquis of LANSDOWNE observed that the
growth of tobacco in Ireland could not be carried on in
competition with other countries without a bounty of
1,200 per cent. The permission to grow tobacco in Ire-
land was granted by Lord North during the American
war, not for the sake of Ireland, but out of hostility to
Virginia. It was found, however, that the extension of
its cultivation in Ireland would be very injurious to the
revenue, without being of any thing like corresponding
advantage to Ireland, and it was better to prohibit its
growth in li,nine. A culture which could not be sup-
ported without such an enormous bounty, was clearly con-
trary to the principle of free trade and cultivation.
Lord FARNHAM was sorry that the first Act brought
forward by the present Secretary for Ireland should be one
of prohibition. He did not mean to say that the provision
made by the Bill was a bad one, but it ought to have been
accompanied by other enactments, favourable to Ireland.
The Bill was read a second time, committed, and ordered
to he read a third time on Monday.
THE O'CONNELL INDICTMENT.
The Earl of ELDON rose to meve, pursuant to notice,
" That an humble address be presented to his Ma;esty,

praying that his Majesty would be graciou.ly pleased Olaf
on the table a copy of the indictment lately preferred irt
the Court of King's Bench in Ireland against alniel,
O'Connell, and others, on which indictment the accused
had been convicted." He begged leave distinctly to stag
that in making this motion he did not mean to cast tbe
slightest imputation on the conduct of the Irish law officeo
He could say from his own observation that the Irish b°
was eminent for ability, and that the Irish law officer,
generally did their duty well. • His motion had regard 50
to the past, but to the future, and his purpose was t`
bring in a Bill, providing that when a temporary law 04
enacted, any prosecution commenced while the law was tai
fbree should not lie abated by the expiration of the 101
but should be carried on to its ftli teithititticn, in tit,
same manner as if the law had remained in force. I.
certainly was not a proper state of things, that perse
most property prosecuted and convicted under such ten''
porary Act, should be allowed to escape punishment'
merely owing to the expiration of the Acts before the'.
punishment could be inflicted. In the indictment
question, counts might have been inserted, as he conceived''
on the common law ; but, however, his only object
present was to lay the foundation for a Bill to the etlecti
wl,ich he had stated. He was not aware that there %54/'
any objection to the motion.
The motion was agreed to without opposition,'
Adjourned.

LAW INTELLIGENCE.

COURT OF CHANCERY, AuG. 4.

KINSMAN V. KINSMAN.

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This was an appeal case, the argument in which OW
menced yesterday. On the conclusion of the argument'
Sir E. SUGDEN intiLnated that it would not be safe WI
the decree of the Court to be pronounced in this causer ej,:l
some of the parties had not appeared on the hearing.
had been the practice of the Court not to hear appeals afte`,l
the last Seal, and according to that practice an affidavit ell
the service of the subpoena to hear judgment could Ot
nlw be put in. The subpoena had in this case been serve':
in due time; but as the dry on which the appeal o°l
heard was after that usually employed by the Court for
such business, the fact of the service could not be prayed
with such certainty as would justify the parties in taking
a decree which might afterwards be subject to be set aside
On account of this irregularity.
His LOlLllsllle said he did not understand the ground
of any such practice, if it existed. Due notice had been
given of the Court's intention to proceed with the appeals'
and not only could no party complain of being taken bi
surprise, but the sittings for the purpose of despatchiog
the appeals had been resolved upon for the benefit of the
suitors, who had derived great advantage from them. nit
Lordship said he would not now decide the point, but he
should inquire into the practice.

Another appeal having been called on, and the opal*
being concluded,
Sir E. Suoneti expressed his fear that there would be
the same difficulty in other cases. He had heard that t.O
r
the cause of Killick v. Killick, which stood in his par
for to-day, some of the parties had notified their into".
tion to withdraw from the hearing.
Some time afterwards,
His Loansuir said, the case which Sir Edward Segelel;
had mentioned had been put in the paper for the expee''
accommodation w. the parties ; and it was not to beed
tiered that the progress of the Court should be obstructs
by parties who withdrew from the hearing under preteaci
of some rule of practice hardly to be understood, and the,
existence of which was by no means clear. If any attair,
was made to baffle the Court, the parties who made tb;
attempt would find that his arm was strong enough';
defeat them. He was resolved not to be beaten, or ui;
verted from the duty which was imposed upon hint. b
was indifferent to him whether he sat during this meg%„
and September, and October ; and if the public seri)
required it, he was quite prepared to do so. He shoo',
try whether he had nut power enough to carry the ordeL
of the Court into effect; and if he had not—which r
did not believe—he w.ntld apply to the Legislature 4%01
further powers, and he did not doubt that his applicati°
would be successful.

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At the rising of the Court,
His LORDSHIP hmded a paper to the Registrar, WI;
read it aloud as a rule of the Court ; it stated that sevef
appeals were now pending, and had been set down 'll°e
bearing ; and it provided that if, in future, any of tir
parties to such appeals who had been served with the
pcena to hear judgment, did not attend at the time vibe°,
the appeals Were called on, the Court would, on the pli
duction of an affidavit of the service of the subpoena, prones
to hear the causes in the ahsence of such parties, and The
such decree as the justice of the case might require.
order was directed to be entered with the Registrar, 0
stuck up in the offices of the Court.

TITHE PROSECUTION.

(Abridged from the Kilkenny Journal.)

On Thursday Mr. Blanchfield and Mr. Byrne, twoge;
tlemen of Kilkenny, were tried before Judge JouNsori.„
They were charged, Ist, for conspiring with others
compel the Rev. Dr. Butler, Vicar of Burnchurch, to 5
duce the amount or rate of tithes payable out of Op
union ; 2d, for conspiring with others to injure Dr. Botej
in his property; and 3(1, for tumultuously assembling s
causing an affray.
All the Catholics were objected to as Jurors on the Par'
of the Crown. _

13RUS
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411 f
AVOU
Tint
1 h! am

Whitworth Butler, Esq., sworn.—ls son to Dr. 13r0
ler, who holds the parish of Burnchurch ; wai
home on the 20th of December; about two o'clock 0:04l
a number of people proceeding from Bennet's-bridge Ao
wards his father's residence : a short time after saw $C
or eight persons going to a ards the house from his fatbc'ef'
entrance gate; they went up to the house; when a'l, '
reached the house his rather asked what they wantet!,
could not hear their reply; he went down to admit thec
his father asked them in; they declined, and he was 30041
inquiring what they wanted, when witness saw a ecci,ol,
going down the avenue, which made him draw in
father, and fasten the door ; saw the traverser Blancbo,
who was one of the seven or eight who first went doss
cannot say he saw Mr. Byrne ; the crowd might cony
of 1,000 or 1,500 persons ; his father asked them a sec;
time from the window what they wanted ; after sre
time a reply was given that they came to demand a 111
duction of tithe from witness's father. During this "11,'
the crowd was shouting and flourishing sticks and bcfr4
and calling out " No tithes." Mr. Blanchfield was crib
the crowd at the time; he was one step off his fat'ell
door, and one of the seven or eight who made the anlei
to witness's father. The reply of his father to that o%d
was, he bad not power to make the laws, neither
those who made the demand; and that he never bady,
would oppress any person in the collection of his tigl.
This was received with a groan. The people said VO4
would have an answer. I said they had one, and that,lo,-
father would exact tithe as long as the law allowed 15
I then closed the windows, thinking the people °v:4s
go away. Shortly after I heard some person addro7lo/1
them, when I looked out and saw Mr. Blanchfield statrori
on the window-stool, in front of the house, addressia
people; could hear what he said; it was to the folio
purport—that as my father would not give any sati'o,
tion, he would propose a resolution to them ; the rc9°,4'
tion was that they should not pay tithes to Dr. Butlertd,
any other parson, until distrained for them. He boo!
" Whoever is of this opinion will say ' aye,' and ta,
who were not would say no.' " Five or six said `;,,J,'
I said I was glad to see some honest persons in the er°100;
The leaders seemed not by any means satisfied with
I believe none of those, at least the traversers, were e,
rishioners. Mr. Blanchfield said there must have tird
some mistake as to the noes. 11e said he would Put"
question again, and that not to pay was what they king,
they had all before agreed to, and what he would do
self. The question was then put a second time, -
was received with acclamation ; nobody said
thinks they were there more than an hour.
John Butler, Esq., brother to the last witnes9,o,o
ll'anchfield and Byrne at his father's house on the 30 sitf
December last ; the two traversers were in the first
that came to the house ; all the crowd hail hurls ors ppv
in their hands ; sonic had ribbons in their hands;
there was one flag. ddrdt
Mr. Dixosr, counsel for the traversera, in his riOrii
to the Jury, said it was not surprising that those ged
felt the payment of tithes as an oppression who (111011'7,
commune with the clergy to whom they were cornrc'eiar.,
ply them. Mr. Blanchfield or Mr. Ilyt ne did notter
any disposition to riot or disturbance, but did their
to preserve peace amongst the people. e
The Rev. Theobedd Butler awl John Power, E'V
time prisoners a good character.
The JUDGE, in charging the Jury, read over the
v'Oort",
ment, and, before commenting on the evidence, fa In t`d
the Court with his opinions on the tithe systems boil,
capitulating the evidence, he said that " u., man w1)°1,01°
it could doubt there bad been a tumultuous and Li% pi'
:tssembly," but that " the guilt of the prisoners wiloi.ll,l
timer question." Their well-supported defence t"" ice II
the fact that they possessed influence. It was fair t" ce°1000:41
that that influence was used for the prevention of oil A
violence; and, in that respect, they behaved 51:iitiee.
highly creditable to themselves ; but was that I

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pleased tolnl
lately preferred !4.
41 against DJoiel
moat the accosd
distinctly to stair
mean to cast tb'
Irish law officer'
that the Irish 101
Irish law officer
on had regard
; purpose was vi
temporary law Of
file the law was j 0
;ration of the 10'
.4taiiiittien, in Olt
ned in force.
dogs, that person.
I under such toil'
cape punishment'
;he Acts before the
the indictment 0i
;1, as he conceiveari
his only object s!I
a Bill to the effect
arc that there 05

out opposition•

TE.

Y, AUG. 4.

nt in which eon,'
I of the argument,
uld not be safe fa!
nd in this c:iusey °„
the hearing. ml
o hear appeals afteli
Aiee an affidavit 01
Agment could 09/
is case been serve
c;11 the appeal oaf
I by the Court for
uld not he proYCU
,e parties in taking
rject to be set asidt

rstand the ground
uc notice had WO
1 with the appe4.l9'
• taken
of being
ose of despatchtlig
the benefit of the
r;e from them. lits
the point, but he