The Sun.
London, England, 1849-12-15 00:00:00

ITALY.

The Genoa Gazette states that 400 Hungarian
prisoners, amongst whom were several ladies, arrived
at Bologna, on the sth. The male prisoners are to be
incorporated in the Austrian army at the rate of five
per company. There are several princes among
them, who had served under Kossuth as colonels, and
are now common soldiers. Troops are continually
marching in all directions, but the object of their
movements is not known.

BANK OF ENGLAND.
(From last night's Gazette.)
&nAcceunt, pursuant to the Act 7th and Bth of Victoria, ear. 32, fer
the Week ending on Saturday, the Bth day of December, 180.
ISSUE DEPARTMENT.

Notes i55ue4•....... 29,983,955

Government debt •• 11,015,100
Other securities .... 2,984,900
Gold coin and bullion 15,706,878
Silver bullion • • • • .. 277,077

129,983,955

X 29,983,955
U. MARSHALL, Chief Cashier.
r, 1849.
.EPAILTIKEN T.

Dated the 13th day of Decembe:

BANKING D
X.
Proprietors'capital.. 14,553,000
Rest .. ..
Public deposits (in-
cluding Exchequer,
Commissioners of
National Debt, Sav-

Government securi-
ties (including Dead
Weight Annuity) .. 14,338,973
Other securities .... 10,016,315
Notes • • • • • • • • . • • . • . 12,062,290
Gold and silver coin.. 788,843

ings-banks, and Di-
vidend accounts).. 8,931,249
Other deposits —..— 9,519,954
Seven day and other

bilis.. :....... .... 1,093.531

437,206,421

£37,206,421
M. MARSHALL, Chid Cashier.
a, 1849.

Dated the 13th day of Decembo:

LAW INTELLIGENCE.

JUDICIAL COMMITTEE OF THE PRIVY
COUNCIL, Dec. 14.
GORHAM V. THE EISTIOP OF EXETER.
(Continued from our Afternoon E iition of yesterday.
Dr. ADDAMS continued to say that Bishop Stillingfleet
had said that the sense of the Church was best known
by her private and public acts, by her sacraments and
r prayers. That was a strong authority against the
doctrine laid down by the counsel for the appellant, that
the doctrines of the Church of England were not to be
construed with reference to its devotional exercises.
Bishop Conybearo had also said—" The propositions set
forth in the Articles of the Church of England ought
to be understood in such a sense as is consistent
with every other interpretation of the Church,
because the Church cannot be supposed to intend some
things in some of her public acts and the direct contrary
in others." Bishop Jeremy Taylor had also given it as
his opinion that very many of the minute passages in
the Articles " were inserted as antidotes to the worst of
fancies." In fact, Mr. Gorham himself had grounded
many of his opinions on the Articles of the Church upon
the rubrics and the statements employed in the devotional
services of the Church. Another authority against the
proposition laid down by the counsel for the appellant was
to be found in many passages of the writings of Bishop
Burnet, in one of which he had said " the true significa-
tion and sense of the Church is to be taken from her
language and her public offices. This is the theme on
which she has spoken most frequently and most perfectly.
Even the Articles of her doctrines are not so
much read as are her liturgies." With respect to
the offices of the Church it was not his intention
to trouble their Lordships by reading any com-
ments upon them, because it seemed to be
admitted on all hands that in their plain and
obvious sense they laid down the doctrine of baptismal
regeneration. He did not find it denied by Mr. Gorham
that the language of those offices, according to their na-
tural import, did contain, plainly and fully, the doctrine
of baptismal regeneration. In the Bampton Lectures of
Archbishop Laurence, to which he (Dr. Addams) had
already referred, the author went with great particu-
larity into the Articles of the Church of Eng-
' land, on which it was contended that the
doctrines of the Church of England were Cal-
vinistic ; and in his (Dr. Addams s) humble opinion
Archbishop Laurence proved, beyond the possibility of a
doubt, that the true intention and meaning of those
Articles, having reference to the time when they were
drawn up, and to the position of the Church of Rome
at that period, was not Calvinistic. The Articles were
principally drawn up by Cranmer; and the Articles on
predestination and justification, among others, were drawn
up in order to meet the views then prevalent in the
Church of Rome, and were drawn up, moreover, before
Calvin had become a theological writer, if, indeed,
it was not before he was born. There could be no doubt
what the reasons of the Church of England were for
holding the doctrine of baptismal regeneration, for those
reasons were abundantly shown in the Articles them-
selves, in the canoes, and in the offices of the Church.
How it had been attempted to explain away the positive
object of those Articles upon the subject of baptismal
regeneration, and to substitute for it the language of
hypothesis, he (Dr. Addams) would leave their Lord-
ships to judge; and how a clergyman insisting,
as Mr. Gorham did, to put that hypothetical con-
struction upon the Articles and the devotional services,
could sign the Articles and continue from time to time
to teach the Catechism of the Church to children in his
parish church, was a thing which he (Dr. Addams)
could not understand. He should say their Lordships
had no right to put any such hypothetical construction
upon the Articles or services. What where the grounds
on which the counsel for the appellant had sought to
establish this hypothetical construction? It was said
that Cranmer must be taken to have entertained views
of this kind, for it was impossible he could have drawn up
the liturgy in such terms unless they were to be understood
hypothetically. It was said, also, that the offices of the
Church of England had been submitted to the revision
of Peter Martyr and Bucer, at one time Professors of
Divinity at Oxford and Cambridge. But Archbishop
Laurence had proved in his Bampton Lectures that those
offices were really and truly borrowed from a form
which was drawn up by Bucer himself for the use of
the famous Archbishop of Colons in the year 1546.
It had been asserted, too, that to all intents and
purposes Bucer must be taken to have been a
Lutheran; but, in point of fact, Bucer was a
kind of mediator between Zuinglius and the Lutherans
on the Sacraments of the Altar. Who was the colleague
associated with Bucer in that business? Why, of all
persons in the world, Melsncthon. The Learned Civi-
lian went on to say that anciently the Church was not
satisfied with baptizing infants, but it communicated
them; and he read extracts from the writings of Dr.
Waterland to show that he had been at great pains to
rescue the memory of St. Augustine from the charge of
holding the opinion that the doctrine of the Eucharist
was necessary to salvation in the case of infants.
The Learned Civilian had not concluded his argu-
ment at four o'clock, when the Court adjourned until
Monday morning at ten o'clock.

COURT OF BANKRUPTCY, Dec. 14.
(Before Mr. Commissioner PONBLANQUIC.)
IN ItE NAVINE.

The case of this bankrupt, a stockbroker, of Copt-
hall-court, has been frequently before the public,
under the head of Guildhall Police Court, upon the
charge of non-surrender and embezzlement. He
to day came before the Court in the custody of
Forrester, the officer, upon the question of surrender.
Mr..Lawaarick, for the bankrupt, cited several cases
to show that his (the bankrupt's) surrender ;night be

taken as a matter of course, upon his presenting
himself, the spirit of the bankrupt law always being
to afford a locus penitentim.

Mr. HILLEARY, for the assignees and creditors insti-
tuting these proceedings, urged that no good reason
had been shown why the bankrupt's surrender was
not taken on the day first named, and that it could
not now be taken. The 28th of September was the
day originally named, and the excuse for his non-
attendance was, being detained abroad through
illness, he being, as alleged, at that time in constant
communication with his clerk, with the view of
getting rid of his estate. The alleged cause for not
returning to England was the seeing certain reports
in the newspapers that legal proceedings had been
instituted against

Mr. LAW—RANCE objected to any letter being put in,
written by the bankrupt subsequently to the 28th of
September. _

His HONOUR would put out of consideration every
thing subsequent to that date.

George Ingall, a clerk, formerly in the employ of
the bankrupt, proved going to Boulogne on the 29th
of July; afterwards saw him there, and took him a
release to execute. Had since had frequent commu-
nications with him, and believed his liabilities to be
about 30,0001.

Mr. LAWEANCE said the bankrupt.was in court, and
might be examined.
His HONOUR—Not till after the question of sur-
render is decided.

Mr. lIILLEARY said there was not even a medical
certificate of a surgeon at Boulogne, which might
have been easily obtained, to show the bankrupt's in-
ability to surrender. There was no ground for sup-
posing that he was now willing to make a full dis-
closure of his estate and effects, and his past conduct
had been full of design and fraud. The expenses of
the creditors prosecuting at Guildhall were already
701, Forrester's fees alone being 45/. ; and the present
was a proceeding for the purpose of cutting the ground
from under the prosecuticn. The case was now just
on the eve of trial, and to accept his surrender under
such circumstances would be a dangerous precedent.
The bankrupt only sought this mode to extricate
himself from a fix. The creditors would sooner have
this man exposed and punished, as a warning to other
stockbrokers, than receive any paltry dividend the
estate might pay.
Mr. LAW&ANCE said that the new Act had supplied
an important deficiency in the old Act, by giving
the Commissioner a discretion of accepting the bank-
rupt's surrender at any time. There could be no
doubt that the present opposition was more with a view
to the pending indictment than any benefit to the
estate. He declared that the French authorities had
been induced to give this man up, in consequence of
false representations. The bankrupt, if allowed to
surrender, was ready to be examined at once.

_
The CO/dMISSIONER, in an elaborate judgment,
during which he reviewed the decisions of the Court
of Chancery upon this question, and the spirit, po-
licy, and enactments of the numerous bankruptcy,
statutes, expressed a decided opinion that the bank-
rupt was not entitled to a concession of the prayer of
his petition, having, in the opinion of the Court,
wilfully absconded, and wilfully avoided surrender-
ing to his fiat. No medical certificate of ill-health
bad been produced ; the voyage from Boulogne to
England was a short and an easy one—one which
even an invalid might undertake. Some time ago
a bankrupt, who had absconded to the Cape of
Good Hope and was outlawed, obtained an order
from the Court of Review to surrender, but he
(the Commissioner) refused to act upon that order,
considering that the bankrupt had in absconding
necessarily contemplated the consequences of his
conduct, and had thereby committed an act
of bankruptcy. It was essential' that that
portion of the bankruptcy law which related to non-
surrender, and which had been greatly mitigated
(from the punishment of death to transportation for
seven years) should be strictly maintained. The act
of bankruptcy in this case was the absconding to
Boulogne, and that act was, in the opinion of the
Court, wilful. The surrender was not voluntary, nor
was there a tittle of evidence to support the plea of
illness. Another reason for not acceding to the
prayer of the petition was that a prosecution before
another Court had been instituted, and it was the
custom that one Court should do nothing which could
bias the proceedings of another Court one way or the
other.

Mr. LAWRANCE quoted the opinion of an eminent
judge from a note in " Rose's Bankruptcy Cases," in
which a prosecution was prevented and the fiat super-
seded, because it was shown that the non-surrender of
the bankrupt arose from ignorance or accident.
The COMMISSIONER, after some further observations,
decided upon dismissing the petition.

The petition was dismissed, but notice was given
that the bankrupt would appeal from his Honour's
decision.

IN TIIE BANKRUPTCY OF THOMAS GILL.

Gill was a commission agent in Castle•street,
Leicester square. This was a meeting for the choice
of assignees.
Mr. Ogbourne, accountant, was appointed trade
assignee. _ _

(Before Mr. Commissioner GouLnunN.)

IN THE BANKRUPTCY OF HENRY ALDRICH.

The certificate of this bankrupt, who had been
before the Court in 1839, was suspended for two years,
for reckless trading and imperfect book-keeping.
Aldrich was a coal-merchant in Ipswich. He owed
upwards of 2,0001., and had 1671. tor his creditors.

FROM THE LONDON GAZETTE
OF FRIDAY.
COLLEGE OF ARMS, DEC. 14, 1849.
The interment of the Remains of her late Most Ex-
cellent Majesty the Queen Dowager, took place yester-
day in the R ,yal Chapel of Saint George, at Windsor,
in a most private manner, in conformity ssith the ex-
pressed wishes of her late Majesty.
An account of the ceremony observed will be published
in a Supplement to the Gazette.
FOREIGN-OFFICE, DEC. 11.
The Queen has been pleased to approve of Mr. Joseph
Hitier as Consul, in Dublin, for the French Republic.
The Q+teen has also been pleased to approve of Mr.
Edward Wallerstein as Consul General, in the United
Kingdom, for the Republic of Guatemala.
FOREIGN OFFICE, DEG. 14.
The Queen has been pleased to appoint John Lawless,
Esq., to be her Majesty's Consul in the Island of Mar-
tinique.