The Sun.
London, England, 1841-10-16 00:00:00

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PRICE 5d

GERMANY AND THE POPE.

FRANKFORT, OCT. 2.—The following document, which
has been communicated by the Chancellor of. the Home
Department at Vienna, Count Mittrowski, to the clergy
of the Austrian provinces which form part of the Ger-
manic Confederation, gives a curious insight into the
conflict which has arisen in Germany in consequence of
the pretensions of the Pope to assert his former supre-
macy in matters which for half a century have been
placed under the jurisdiction of the consistoral courts
of those countries.
" REGULATIONS FOR THE ARCHBISHOPS AND DISPOPS
OF SUCH AUSTRIAN PROVINCES AS BELONG TO THE
GERMANIC CONFEDERATION.
" Since it is incumbent upon the Pope, by virtue of
the apostolic office conferred on him by God, to watch
most anxiously over the inviolability of the doctrines
and discipline of the Church, he could only learn with
grief and displeasure tidings of anything that militated
against them. His firm opinion respecting marriages
contracted between Catholics and Protestants is also
sufficiently known, for he has ever declared such
marriages to be unlawful, and to lead to per-
dition; partly, on account of the shameful intermixture of
creeds which they promote, and partly of the imminent
danger to which the Catholic parent is exposed of being
led to renounce his creed, as well as of the bad educa-
tion with which the children are threatened. The oldest
decrees of' the Church kept the same dangers in view,
and strictly prohibited such intermarriages, as do also
the more recent edicts of various Popes, which it is un-
necessary here to particularise, inasmuch as the cele-
brated Pope Benedict XIV., in his brief to the Poli,sh
Bishops,—and in his famous work on the Diaceiait
Synods, has been sufficiently explicit on this head. If
the apostolic see, occasionally departing from the strict-
ness of this edict, has sanctioned at times such mixed
marriages, it has done so upon important grounds, and
most unwillingly, and only upon the conditions of
the parents' giving sufficient-security that no .back-
sliding should take place on the part of the Ca-
tholic thus married. On the contrary, the Catholic
party was bound to consider himself or herself
obliged to bring the Protestant party back as far as
possible from his errors, while it was positively stipu-
lated that the children proceeding from such marriages
should be educated in the Catholic religion. These
securities are demanded alike, by the law of nature as by
that of God, against which every one who heedlessly ex-
poses himself or his children to the danger of tempta-
tion grievously sins. His Holiness oar present Pope,
Gregory XVI., has latey been informed that in the
dioceses of Austria which form part of the German
Confederation the abuse of celebrating marriages be-
tween Catholics and Protestants without any dispensa-
tion, and without the exaction of guarantees, has be-
come general, and that Catholic priests have solemnly
celebrated such, and given their benediction thereto. It
may well , be imagined what grief the Pope must feel
at seeing this toleration of mixed marriages so gene-
rally introduced, and thus a religious indifference, en-
couraged in a large State whose boast is its attachment
to the Catholic church. The Pope would assuredly
not have delayed the interposition of his holy influence
if this intelligence had reached him sooner. That this
was the sole reason of his silence is evident from the
fact, that of late no dispensation for a mixed marriage
in those parts has been granted by him otherwise than
under the prescribed conditions, and with a strict recom-
mendation of the measures which the Holy See, in the
performance 'of its functions, is accustomed to employ.
Under these circumstances it afforded his Holiness great
consolation to see that the greater number of the pre-
lates in those dioceses, moved by the instructions
issued for neighbouring districts, directed their pa-
triarchal care to the abolition of these customs, as
being contrary to the principles and laws of the
Church. His Holiness, in bestowing upon their zeal
the praise which it deserves, does not omit to commend
to them, and to demand of them, that they continue
with constant zeal to hold upright the doctrines and the
dicipline of the Catholic Church, and as far as is in their

power to counteract and to exterminate the last roots
of such abuses, where they show symptoms of renewal.
His Holiness has, however, felt himself obliged to take
into mature consideration the great difficulties and hin-
drances with which the said prelates and their clergy,
according to the.letter addressed by the Archbishops to
the Pope, hare to contend, and for which they pray for
the aid and support of the Apostolic See. In order,
therefore, to alleviate the difficulties of these dioceses, as
far as the inviolable principles of the Catholic Church
permit, and to lighten the task of the said prelates, they
are desired, by virtue of the authority delegated by the
Apostles, to follow the path of toleration and prudence
pointed out in the following instructions, according to the
manner in which the Holy See is wont to show indul-
gerice to such evils as cannot entirely be cured, or which,
if cured, would only open a door to greater abuses. Should,
therefore, cases occur within the before-mentioned dioceses
of parties who, after all the due remonstrances on the part
of their spiritual advisers, persist in contracting mixed
marriages without giving the required guarantees, and
the matter cannot be settled without a greater disad-
vantage and scandal to religion—when especially it ap-
pears that it would be to the advantage of the Church
and for the public good to hare such marriages cele-
brated rather by. the Catholic priest than by the Protes-
tant minister, to whom such parties generally have re-
course, the parish priest, or any other in his place, is in
such cases to assist at the completion of such marriages
by his presence only, but without the performance of any
Church ceremony, in the capacity, of a mere witness,
in such manner, that after hearing the affirmation
of the parties, he may then enter them as married in his
register. Under such circumstances, however, the pre-
lates and priests have to labour with equal, nay, with-in-
creased zeal, to prevent the falling off of the Catkolic
party, to provide as far as possible 'for the education of
the children of both sexes in the Catholic religion, and
earnestly to warn the Catholic party to use every exer-
tion for the conversion of the Protestant, as the best
means of obtaining the pardon of God for the crimes
that he or she has committed. Full of heartfelt grief
that such a degree of toleration is required to be shown
in a State which is so distinguished by its fidelity
to the Catholic creed,, his Holiness conjures the
Bishops, by the mercy of Jesus Christ, whose
yepresentatives they are on earth; from the present
moi2ent to employ with all the force of their
minds, And under the invocation of the Holy Ghest, all
the means which they may think suitable to effect the
object, in order to prevent the indulgence thus shown
to those who contract these mixed marriages from caus-
ing any indifference amongst their flocks to the canons
of the church, which reject such, or any relaxation in
the care with which the holy mother church endeavours
to keep her children from those contracts which threaten
perdition to their souls. The bishops and priests are,
therefore, bound in public and private instruction to in-
culcate• with the most ardent zeal to their flocks the doc-
trines and laws of the church with regard to such mar-
riages, and to require the most faithful observance of
them. His Holiness confidently expects this from their
piety, steadiness, and devotion to the See of St. Peter.
" Cardinal LAMBRUSCHINL
" Rome, May 22, 1841."
The imperial plaeitum is granted to this strange docu-
ment in the following terms :
" Dear Count Mittrowski—The annexed Insteuctio
ad Archiepiscopos Austrim ditionis in foederatis Germa-
nim partibus ' contains the measures which his Holiness
the Pope has ordained in compliance with the prayer of
the Archbishops of those provinces of my empire, and
according to which the Catholic parish clergy
have to act in the contraction of mixed marriages
in these provinces. The chief point is the passive
assistance which they have, to lend in cases where
an education according to the Catholic religion is
not promised for all the children of such marriages. As
this kind of assistance is not in contravention of the
martnerly INA
whichN D
these.'
'
or-
dinances of the civil code respecting marriage, it is my
will that the -placitum regium be granted to this Papal
decree,. and the Archbishops and Bishops whom it con-
cerns be empowered to make the necessary use of it.
C" oVniseindnerainAgutglie24, naturelB4 012; "
e the
P hi R)
of discord thrown out to sever families and nations, and
bulls set to work, they must
w with the regardedall
lth eeansefregairefsulobiracnivdis.
which require to be Met:,
vernments.
lized communities, and the p,:ydence of enlightened Go-

On Thursday at noon her Majesty's s:!tam-frigate
Styx, Captain Vidal commander, announced tt: sail on
Monday, but which has been delayed, got under we;:u
at Woolwich, with the suite and domestics of Sir C.
. Begot, the new Governor- General of Canada, on board,
who will be joined by his EiCellency at Portsmouth.
Just after the vessel had got her steam up and was
abreast of the Watermen's Landing Pier, a boat from the
dockyard, rowed by one man and containing six persons
belonging to the household of Sir C. Bagot, including
his coachman, and a quantity of luggage, came along-
side the Styx, but owing to the unskilfulness of the man
in charge of the boat it was rowed under the starboard
gangway ladder, with which it came in contact, and the
people were thrown into the river, the boat being soon I
tilled up to her thwarts with water. The crew of the 1
steamer soon rendered every assistance to the sufferers ;
some of them scrambled on to the ladder and others
clung to the ropes flung towards them, and were hauled
upon deck. The coachman, a tall and very heavy man,
who had a good deal of clothing on, was carried some
distance by the tide, and was given up for lost,reta returning
John Berry, a Woolwich waterman, who was
after
from the Styx when the dockyard boat upset, rowed
and
him. lie came up with him -just as heb disappeared,thaire of his
on putting his arm down seized him
head, and dragged
do no more than hold
weight of the coachman Berry could
gave way in several
which
hint up by his garments,
arrived, and he was taken
him above water. by the
the great
places, until other assistance
renay
lifeless.
A good
into the waterman's boat a
four
he seemed to recover.
ThesP
and took the coach-
of water came off his atomach:,l:aan,sd
boat,aft manneda short tbiyme he
sailors, came up directly
afterwards,vhere he received the best at-
tention ou board the
Thetbraenstthoef
im-
mersionthehe luggage in the
experiencedrerntoantsfromtllestSrtyxn,
-boat, although
baen inconveniencewdbole
o others.t
water,
quite Ivet, was got safely on board. The
gotalthe unskilfulness of the dockyard
in the
quiin
I-) Last night intelligence
reached
man who
that the coachman was alive and going on
toccurrehnocrenww•
aesclo thew
Woolwich that the oachmai was alive and going on
vourably.

//.1

EVENING SUN.

'MONEY MARKET and CITY NEWS.
FROM THE WANING PAPERS OF THIS DAY.
TIMES.—During the settlement which took place in
the Foreign Securities one failure was announced, that of
a jobber of the name of Morton, but no great incon-
venience arose from in ; and when it is considered that
the chief speculative Security has fluctuated nearly per
cent., it is somewhat surprising that more should not
have occurred. It, however, clearly shows that the
business done has been in the hands of a few parties, and
that the public has taken no conspicuous part in the
late speculation in Spanish.
The accounts furnished to the Banking Committee
if the amount of payments made through the
" clearing-house," showing how much that' esta-
blishment has obviated the necessity of retaining
large amounts, have ;.recently made it a subject of
peculiar interest. Mr. Tate has published a pamphlet,
minutely describing the whole clearing-house prac-
tice, which, although it contains no more than is
already familiar to a large portion of the monetary
community, may afford novel inforniation to a still Targer
class, who, although aware of the importance of the
clearing-house, are imperfectly acquainted with the de-
tails of its operations. These operations are divided into
the morning's clearance, the afternoon's clearance, and
the transfer and settling of the balances. The morning's
clearance begins with the clearer's sorting at the banking-
house the checks, &c., on the other banking-houses, and
entering the amounts in his " clearing-house book" to
the debit of the bankers by whom they are Rayable.
Then, still in the early part of the day, the clearer, toes
to the clearing-house, deposits with the other clearers
the packets and checks, &c., with which he has charged
them, and enters to the credit of the other bankers
the charges they have deposited with him. During
the interval between the morning's and afternoon's
clearances, the charges brought home are examined
by the principals, and the afternoon's clearance is
carried on much in the same manner as the morning's.
At four o'clock the accounts in the clearing-house book
are aided up and balanced, and tho balances are entered
in the banker's balance-sheet, which, when added up,
shows the position of the banker, not with. Ave 'other
bankers separately, but with the collective body of them,
as represented by the clearing-house. The statement of
this balance is used as a check on the whole of the day's
operations. Afterwards the clerk returns to the clear-
ing-house, and makes payments to those who have to
receive, using bank-notes alone in payment, and giving
a check for sums under Si. These are the outlines of
the method, and the remainder of the machinery is em-
ployed in checking errors. All is very fully 'described
by Mr. Tate, who adds an example in which the opera-
tions of these imaginary firms are accurately traced
through the clearing-house.
CHRONICLE.—Another fall of 1 per cent. has taken
place to-day in Brazil Stock, which has'given way to 54
to 56. The fall in these Securities since last settlement
has been 8 per cent., the quotation on last settlement
being 62 to 64. The omission to advertise the dividends
was the immediate cause of this depression, but we do •
not see sufficient grounds for the continued.."
which has taken possession of the holders of this Stock.
The market for them is extremely limited, there not
being above five or six jobbers concerned, so that a dale
of 1,0001. has a strong effect, and they make the price to
suit themselves.
SUN.—There was some weakness again in the English
Market, but it lasted only for a short time. Money
being very scarce was the chief cause of this, for, after
all, the American news by the Havre packet adds very
little to our previous information. Consols for imme-
diate transfer realised 87-, to 884, and for Account 88i
to I. Exchequer Bills were lls. to 13s. premium, and
India Bonds Is. premium. Bank Stock ranged from 164
to 165 ; the New Three-and-a-Half per Cents. brought
98 to 97i; and the Three per Cent. Annuities 86i to 81.
The news from Madrid is still considered favourable
to Espartero's ascendancy. Active Spanish Bonds
touched 201, and closed at 20h- ; and Portuguese New
Five per Cents. ranged from 304 to 291 ; the Three per
Cents. were at 184. The agents for the Mexican Re-
public have issued a notice, to the effect that the amount
of the dividend certificates paid in Mexico, forms nearly
a provision for the next dividends. The Bonds here are
steady at 241 to -8- ; Colombian Stock is dull at 19 to
19+ ; and Brazilian at 55i to 54. Russian Bonds are
112 if ; and Dutch Two-and-a-Half per Cents. 51 to 51i.
In Shares there was a trifling decline as respects
Brighton, but Great Western were better, and the
others steady. Brighton declined to 10+ discount, and
closed only at 10 discount. Great Western were 10 to
101 premium ; the Now 4 premium ; and the South
Western 121 premium. Croydon Shades were 1, and
North Midland 34 discount. British North American
Bank Shares were 6 discount, and London Joint Stock
2* premium.
The Foreign Exchanges had a slight tendency to asl-
vance again, but bills, on all places were fully as high.
Paris, 25f. 721 c. to 75c. ; Amsterdam, 12 41 to 5 ; Ant-
werp, 12 3:I to 4.; Halurgh, 13 10! to 11+ ; Frank-
fort, 1491 tol ; and Trieste, 9 54 to 55.

DISCOVERY OF A SUPPOSED
MURDER COMMITTED THREE YEARS AGO.
LEWES, THURSDIT.—A man named General Washer
was this morning brought before the Earl of Chichester,
Mr. Sergeant D'Oyley, and Mr. Blackburn, the sitting
Magistrates, charged with the wilful murder of Hannah
Devonshire, alias Smith. The prisoner appears to be
about sixty years of age, and is said to have a wife and
large family.
'William Gaston, gardener to the Rev. Mr. Lupton,
the incumbent of Ringmer, deposed that he had been in
Mr. Lupton's service 25 years. On the morning of the
3d of June, 1838, witness went to a pond in the grounds
attached to the rectory to, dip water, when he discovered
something in the water, and a basket and umbrella by the
side of the pond. Witness procured assistance, and got
out of the pond the body of a female. On examining
the spot he found the grass had been much trampled on,
and, from the footmarks, the appearance of struggling.
The pond was surrounded by a hedge of willows, a por-
tion of which was broken down, and appeared as if some
one had been forcibly thrown over.
Elizabeth Stevens, of Ringrner, said, that 'she was a
beer-shop keeper, and remembered the day liefore the
woman was drowned. The deceased called at*Witness's
house about nine o'clock in the morning ; the prisoner
came in shortly after and bought some eels, which wit-
ness cooked for his dinner. He asked the 'deceased to
partake of some, which she did, and they remained drink-
ing together until nearly two o'clock in the afternoon.
The prisoner and the deceased paid for the beer alter-
nately. The deceased had a basket with her full of cot-
tons, tapes, &c.

Jane Saxton, of Ringmer, deposed that she partook of
some beer with the prisoner and the deceased, at the last
witness's house. Shortly afterwards witness met the
prisoner, who said " Mother Smith," meaning the de-
ceased, had gene down to witness's house. The prisoner
said he should go too. The deceased came first to wit-
ness's house, and the prisoner shortly afterwards. The
prisoner sent for a pot of beer, and after that was drank
he sent for a second one. They were not left together.
The deceased had her basket with her, which contained
about los. worth of goods. Witnsss knew the value
from having been in the habit of dealing in such articles.
Mrs. Ann Stanford deposed, that at the time of the
occurrence she was landlady of the Anchor Inn at Ring-
mer. The deceased came to her house about eight
o'clock in the evening ; she had a pack on her back,
and a basket containing cottons, &c. The prisoner, and
four other men, named Divan, Stedman, Briggs, and
Pocknell, were in the deceased's company in the tap-
room, and remained drinking together until about half-
past ten, when witness told them it was nearly time to
close. The men then left. .

. ..
-.....,_.
Mr. W. Stanford, the husband of the last witness, de-
posed that he had been to Uckfield on the day of the
occurrence, and returned hothe between twelve and one
at night. . Witness saw the prisoner in the fields ; he
asked him what he was doing there at .that ~ hour. The
prisoner asked witness the same question. Witness and
the prisoner had some words about the deceased the
next morning, it being the general opinion that he knew
something about it. Witness told the prisoner he must
not go away, as the Jury would want him. He said he
was going to Lewes, and they might fetch him if they
wanted him.
John Pocknell deposed that he was one of the party
at the Anchor Inn. Stedman, Briggs and witness lett
together about a quarter before eleven. They had been
all drinking together. *Witness was certain that the
prisoner left before the others. Stedman and Briggs
went home towords Lewes. The next morning the
prisoner cams to witness and asked him where ho had
left the old woman the previous night. Witness replie!3,
at the Anchor. The prisoner said she was drowns in
Mr. Lupton's pond, and he thought the young_e_ gcl
had been at some ninsense with her. The prion'
not speak to witness afterwords on the subject.t
Lewes,
William Smith deposed that he resided
and
and had lived with the deceased for six year
as man and wife. She was 43 years of ags,. y
of dune, 1838,
was 66, On the morning of the 2_
'dlock in the the deceased left home about six o clock
about 9s. or
morn-
ing, taking with her a basket, cents
on
her back.
10s. worth of goods, and a new pack
inec taeles. Witness
She had also a snuff-box and .iin-y, money. Wit-
sand
witness
lid not know whether she had
,-.
ed home about eight
ness, went ttilwardsanßidagrmeceeirT:dinheeert
an hour, and about eleven o'clock
her death abo
wards of .
• -ss heard of
c-lothes and various
only three small wooden boxes
There wort:. • Alt three halfpence each, left
o'clock. With.
articles.
worth at,
that was found in
all.. her
and two tin pots,
thimble was -
the neXt morning,.,
in the basket. . A
ich
was qu: new,
.had two holes
pocket. The pack, w
positive th(f 0
then return
eceased had her
at the time she 10 home,
and snuff -box
spectacles
after being cautioned by, the bench,
• r
The prisoner,
knowledge
of the affair, and said he was never
denied all f the deceased until the day in ques -
in the company °
tin it. .Witeess was .
ques-
tion ; an . his pipe.
d being a fine night, he was only sauntering
about,smoking
The prisoner was then remanded for farther exami-
nation until 3fonday next, when some important evi-
dence respecting the spectacles is expected Co be adduced.
The inquiry lasted upwards of seven hours.

BINK OF ENGLAND,
Quarterly Average of the Weekly Liabilities and Assets of the
Bank of England, from the 20th of July last to the 12th of
October instant, both inclusive, published pursuant to the
Act, 3 and 4 W. IV., cap. 98,

LIABILITIES,
ASSETS.
Circulation £17,592,000 Securities ..... .. £23,425,900
Deposits 7,529.000 Bullion ............. 4,713,000

£25,121,000
Downing-street, Oct. 15, 1

£28,141,000

FLOOD IN THE NITH.--
Such has been' the
deluge of rain up the Nith, that the river is now rolling .
triumphant between bank and brae. Indeed, for four-
teen years the I\ ith has not, we believe, been larger.
The Cattle Sands and the Dock were completely covered
with an irresistible sheet of moving waters.—Pumfries
Times.