The Sun.
London, England, 1840-05-05 00:00:00

CLERGY RESERVES.

The LORD CHANCELLOR moved that the
Learned Judges then in attendance should deliver their
decision in answer to the questions submitted to them
with regard to the Clergy Reserves' Bill.

The LORD CHIEF JUSTICE of the Court of
Common Pleas, said that he had the honour of repre-
senting to their Lordships that all the Judges of En,-
land, w'th the exception of Lord Denman and Lord 6
Abinger, hal met at Serjeant's Inn, for the purpose of
taking into consideration the several questions which
their lordships had been pleased to propose to them ;
and that, after discussion and deliberation on the
subject, they had agreed unanimously in the an-
swers to be returned to those several questions.
In answer to the first question, they were all of opinion
that the words " Protestant Clergy" in the statute 31st
George 111., included other Clergy besides those of the
Church of England. They thought that the words of
the statute were meant principally to refer to the
doctrines of the Church of Rome, and that their
aim was to encourage Protestant doctrines, in op-
position to the Rotnish Church. They answered
to the second question, that the Established Church
of Scotland constituted one instance of a Clergy
included in the Act. They had come to that
opinion, as the expressons " Established Church of
Scotland" were to be found in the Statute-book. Al-
though, in answer to their Lordships' question,
they specified no other Church than the Church
of Scotland, they did not mean to decide
that the ministers of other Churches might not
be included in the term '° Protestant Clergy." At the
same time, as they did not find in the Statute-book
any other denomination of Christians to which the
Statute 31st George 111. could apply, they were unable
to specify any others to their Lordships as falling within
the statute. They were of opinion that the 41st section
of the statute was prospective only, and that the power
given by it could not affect lands which had been appro-
priated under other acts. In answer to the last question
proposed by their Lordships they all agreedin opinion that
the LegislativeCouucil assembled in the Province of Upper
Canada had exceeded their authority in passing an Act to
provide for the sale of Clergy Reserves, and for
the distribution thereof in respect of both the
enactments specified in their Lordship's questions.
The Judges afterwards retired.
Earl STANHOPE presented petitions from Hud-
dersfield, and other places, praying for a free pardon to
Frost, Williams, and Jones. The Noble Earl said he did
not, however, agree in the prayer of the petitions. 'rho
Noble Earl then presented petitions from places in
Essex and Devon, for continuing the present Corn-laws ;
also a petition from the Total Abstinence Society of Dur-
ham, for'the suppression of the growth of opium in British
India. The Noble Earl also presented a petition which
was agreed to at a most numerous and re-
spectable meeting of the inhabitants of London
and Wesminster, held at the Freemaisonel Hall.
It was to the same effect as the others ;
and, besides deprecating the war with China,
the petitioners prayed that their Lordships would not
consent to give compensation to the dealers in opium,
as such would be a premium upon crime. He cordially
agreed with the prayer of the petition, and gave notice
of a motion to the effect, " that an humble ad-
dress be presented to her Majesty, to express
to her Majesty the deep concern of the House at the
interruption of the friendly relations and commercial in-
tercourse which had so long subsisted between this
country and China ; and to represent to her Majesty
that this calamity, in the opinion of the House,
had been occasioned solely by British subjects
bringing opium into China in direct and open violation
of the laws of China ; and to pray that her Majesty
would be pleased to take immediate steps to put an end
to such proceedings, which were as disgraceful to the
character of this country as they wore prejudicial
to its interests ; and further to assure her Majesty
that this House would concur in any measure to
grant to her Majesty any increased powers which might
be necessary to put down the disgraceful and immoral
trade." _ _

The Earl of ROSEBEItRY could not allow the
petition to be presented without calling the attention
of their Lordships to the resolutions which
were passed at the meeting of the persons from whom
this petition emanated—( Hear, hear.) They started
with disclaiming uny wish to introduce party or po-
litical feeling into the question. But they pre-
judged the whole question at i,sue between her
Majesty's Government and China, and they
went on to upbraid our Government for its conduct in
the negotiations now subsisting between this country
and China, and rather praised than otherwise the pro-
ceedings of the Chinese authorities. They concluded
with a most singular, and he would say, in his
place in Parliament, a most unjustifiable resolution.
It was to the effect that the resolutions wherein the
persons assembled, and the Noble Earl who was Chair-
man, used the strongest and most inflammatory language,
should be translated into the Chinese tongue, and trans-
mitted to the Emperor of China through the medium
of the Commissioner Lin.—(Great laughter.) He as-
sured their Lordships it was no laughing matter.—

(Rene red laughter.) He thought that the sane rule
should be observed in respect to negociations with China
as to negociations with any European Power—(Hear,
from the Duke of Weilingtor. and others)—and he would
put it not only to any Noble Lord presaa, but even
to the Noble Earl himself, who entertained such
singular notions on this subject, whether, if ne-
gotiations were going on with the King of the
French, such resolutions as the Noble Earl had
signed should be agreed to at a public meeting
in this country in reference to pending negotiations, and
should be translated into the French language, and
communicated to one of the Ministers of the French
Sovereign ?—(Cries of " Hear, hoar.") He could
not omit to protest against the line of con-
duct adopted by the meeting in question ;
and by the Noble Chairman and signer of the petition.
Before he sat down, he wished to advert to the fact
that the petition could only be r.colved as the petition
of the Charm to who signed it ; so that the Noble
Earl had merely presented his own petition.—( Hear
and laughter.)
Earl STAN HOPE, in reply, would confine himself
to a single observation as there was not a single argu-
ment in the speech of the Noble Earl opposite, nor any-
thing but idle declamation.—(Order, order.) The
Noble Earl had stated that the meeting prejudged the
question ; whereas the resolutions were not adopted
without full discussion and controversy with the
advocates of the opi urn smugglers ; for he
would not disgrace the name of merchant
by applying it to those persons. He was willing to
take his full share of the responsibility of the resolutions,
in which there was nothing illegal or reprehensible. No
time was specified when they should be communicated
to the Emperor of China, and that communication might
not take place until the whole matter was concluded.
The Earl of II A DDINGTON presented petitions
from the Synods of Glasgow, Ayr, and Aberdeen, praying
that the rights of the Scotch Church might be preserved
in regard to the Canada Clergy 11,-.2serves. The Noble
Earl also presented a petition from the Rector, Church-
wardens, and Protestants of a parish in Ireland on the
subject of Church Patronage in Scotland.

The Earl of WICKLOW gave notice, on the part
of the Archbishop of Dublin, that on the 15th of this
month the Right Rev. Prelate would introduce a mo-
tion for the discontinuance of transportation.
Earl FITZWILLIAM presented a number of
petitions from their fellow-countrymen, bearing
from 70,000 to 80,000 signatures, praying for
an alteration in the present system of Corn-laws.
The Noble Earl then presented petitions_ from the Com-
pany of Merchants in Edinburgh, incorporated by
Royal Charter ; also, the Chamber of Commerce and
Manufactures in Edinburgh, and a great number of pe-
titions from other Scotch districts, praying for a repeal
of the Corn-laws : the number of signatures amounting
in the whole to 72,000. The Noble Earl said
it must be irksome to their Lordships so constantly
to hear petitions on this subject, but while laws ex-
isted pressing severely on great masses of the people,
complaints must Le heard.—( Hear, hear.)
SLAVE TRADE.
Lord STRANGFORD said he regretted that her
soNajesty'sGovernmentwasof the
ill served thatthey
hadl received no information attempts
lately made on the western coast of Africa.
Lately it had been heard that slaves had
been there embarked, under the pretence of serving in
the French military, under the sanction, and with the
presence of French men-of-war. Would the Noble
Viscount inquire, and state whether ha could not
roo rgr
guild
theitl o
produce any information on the subject ?
Viscount MELBOURNE said he would inquire
and shortly state o
nroeßfsuilinli.te.rchialnets
The Marquis of WESTMEATH presented a peti-
tion
presented similar petitions from the in
Noblegu Dublin,
lds of Marquisin,
s
against
alsoeir nss
the Ifrismh thecp d
hosiers, cutlers, and apothecaries.
Tho Earl of BUTE presented several petitions