The Sun.
London, England, 1840-07-31 00:00:00

SPIRIT of the PUBLIC JOURNALS

f FROM VIE DAILY PAPERS OF YESTEF.DAY.)
(From the Globe.)
The Weaver Churches Bill and the Farnham Rectory
Bill, which have occasioned considerable discussion both
in and out of Parliament, have been disposed of, al-
though in different ways. The former passed the House
of Lords on Tuesday evening : the latter has been with-
drawn by its friends from the furtherconsideration of Par-
liament. In both instances, we fear that the Established
Church, for the extension of which the measures were
avowedly proposed, will derive small advantage from the
success of the one and the stifling of the other of these
bills. The Weaver Churches Bill establishes a principle
of very questionable morality. If there be any one duty
of those who are constituted the teachers of religion and
the guardians of the hairs more imperative than another,
that duty is to inculcate and secure the inviolability of
public trusts. The property of the Church, it is ad.
mated, is sacred. The Church, as a corporation, has
secured to it, for the purposes for which it exists, the re-
venues appropriated to its use. Every propositicn which
trenches on the Church's right of property is met with
cries of " spoliation" and " robbery." Yet this sacred
principle is outraged by this Bill, which now awaits the
Royal assent, by which the Church lays its hands on
money derived from public tolls vested in trustees of a
navigable river, for the repairs of the locks, banks, and
buildings necessary to the navige.tion, and applies it to
other purposes. That which the Church designates
" robbery," if attempted against itself, is perpetrated in
its own favour not only without compunction, but with
complacency! The means become sanctified by the
end ! The money is abstracted for holy purposes ; and
that which would be dishonest, if committed for any
other purpose, is expedient, nay, is holy, just, and good,
if done in the ❑ame of piety! The precedent esta-
blished by this Bill is not merely dishonest—it is dan-
gerous, and will, sooner or later, recoil with increased
force against the institution in favour of which it was so
zealously urged.

(From the Standard.)
Most of the public journals have thought it neces-
sary, in announcing the decease of the Earl of Dur-
ham, to O'er some critical notice of the part which
his Lordship acted in public affairs. We feel little
temptation to follow their example, because we are
of opinion that it is upon the private life of the de-
ceased nobleman surviving friends will look back with
the most of that consolatory pride which softens grief.
We have heard, and can easily believe, that in
private life Lord Durham was exceedingly amiable.
Munificent he was to the largest extent of his ample
means, as some of his public acts prove ; and the sorrow
with which he is lamented by his immediate circle de-
monstrates that his temper must have been warmly dis-
posed to friendship, kindly and affectionate. 111-health,
which has afflicted him through life, and bereave-
ments and disappointments, of which he has bad
his full share, must have given irritability to his dis-
position ; but the facts to which we refer prove that
this irritability was not sufficient to impair the effect
of his amiable qualities. On the whole, Lord Durham
was a man to be loved and respected, or he would not
have been loved and respected as he was by those who
knew him best. This is an enviable character ; and it
is by no means inconsistent with a public character of
a different kind. If an angel were committed to the
party and principles to which Lord Durham was com-
mitted almost from the cradle, he must have been, as
Lord Durham was, unhappy and mischievous in his
public conduct. The Noble Earl, however, was not
an angel, bat a frail man of no very high order of in-
tellect. Feeble and ambitious, he cultivated his small
talents to the highest point of which they were capable.

(From the Courier.)
The late Earl of Durham was a person so devoid of
fixed principles of action, so little endowed, moreover,
with vigour of intellect, cultivation of mind, and matu-
rity of judgment, for that soundness of comprehension
which justifies and issues in the unswerving conviction
on which depends consistency of course, that nothing
can well be in worse taste than the injudicious, as ill-
founded, eulogiums with which friends unreflecting,
false, or frivolous, or with which pretending and
perfidious admirers for mere party purposes, seek
to trouble the fortunate oblivion into which he,
his strange vagaries, his notorious defects of cha-
racter, and his ambition, inordinate as his pretensions
were shallow, had, happily for his own peace of mind,
fallen during his latter days, and which should have been
left undesecrated by profane hands to the eternal sleep
of the tomb. That Lord Durham possessed good natural
powers with a certain quickness of perception will not
be denied ; that they had been " carefully cultivated" is
a foolish exaggeration which every one of his standing at
College, and all who came in contact with him either in
public or private life, can readily testify. His quickness
of perception extended not beyond the surface of things,
and the superficiality of his acquirements and knowledge
was unredeemed either by industry or perseverance. He
took his lesson on every subject which he presumed to
treat from the oral dictation of the stronger minds of the
party among which his fate was accidentally cast, and
he repeated it by rote when occasion invited for the
display. There is not one speech of his that can be
cited which soars above common-place, if perhaps we
except that on the Reform Bill in the House of Lords,
a question eminently popular and adapted for show, not
difficult to treat with a view to effect, and on which he
really appeared for the first time to have expended
some mental labour.

LAW INTELLIGENCE.

HOUSE OF LORDS, JuLT 30.

The House sat to-day for the purpose of hearing ap-
peals. The Peers present were the Earl of Shaftesbury
(Chairman), Lord Lyndhurst, Lord Brougham, the Earl
of Devon, and the Earl of Warwick.

THE EARL OF HARDWICKE V. SIR CHARLES DOUGLASS,
This case came before their Lordships upon appeal
from the decision of the present Lord Chancellor when
Master of the Rolls. The question in the case was
whether a devise in the will of the late Sir Charles
Yorke of the residue of his property to Sir Charles Doug-
lass was revoked by the second codicil. Upon the case
coming on before the Master of the Rolls, he decided
that the devise was not revoked, and from that decision
the present Earl of Hardwicke appealed. The case was
fully argued a year or two ago, and to-day it was reargued
by one counsel only on each side, Mr. Pemberton appear.
ing for the appellant, and Mr. Wigram for the respendent.
Their Lordships postponed giving judgment.
HOGGEN V. RANKEN.
1

Lord BROUGHAM gave judgment to-day in this case; the
question in which related to the validity of a deed in con-
sequence of erasures. The Noble Lord advised their
Lordships to affirm the decision of the Court below, with-
out costs.

Judgment accordingly.
REDDER V. REID.

Their Lordships also gave judgment in this case, affirm.
ing the decision of the Court below with costs.

TIIE EARL OF STRATHMORE V. Ent I. D. PAULL.

The Lord Chancellor and Lord Brougham gave judg-
ment in this case, affirming the decision of the Court of
Sessions.

COURT OF CHANCERY, JULY 29.

The Lord Chancellor sat in Lincoln's InnHZlto-day.
THE DURHAM AND SUNDERLAND RAILWAY COMPANY V. WAWM.
The arguments in this case, which were part heard yes-
terday, were resumed and concluded to-day. The case
came before his Lordship upon motion to discharge an
order pronounced by the present Master of the
Rolls dissolving an injunction which had been previously
granted ex pane. The short facts of the case were as
follow. The plaintiff's having occasion for the site of two
public houses in Sunderland fur the purposes of their rail-
way, entered into an agreement with certain parties who
held the property as tenants in common for a lease of 99
years, at a certain rental. The parties who so contracted
with the Railway Commissioners were entitled to five-
sixths of the property of the defendant. Mr. Wawm was
the owner of the other sixth. Mr. Wawm, upon being
applied to, refused his assent; notwithstanding which the
plaintiffs took possession of the property in 1835, and hav-
ing pulled down the hcuses, erected on their site the sup-
ports of the banks of the railway. the defendant then
brought an action of ejectment, in which he failed
to prove his title ; but upon a second trial he ob-
tained a writ of possession, which he placed in
the hands of the Sheriff with directions to pull down
the supports of the railway. An application ex parte was
then made to the Court on behalf of the plaintiffs for an
injunction, which was granted ; but upon motion for that
purpose that injunction was dissolved, and from that judg-
ment the case came before the Court by way of appeal.
At the conclusion of the arguments to-day—
judgment
on LORD CHANCELLOR said he would give
on Wednesday next.

Y CHANCELL OR' S COURT, JuLT 30.
IN THE MATTER OF TAILOR.
The further arguments in this part-heard case, which
came before the Court upon the petition of Mrs. Taylor
for access to her children, occupiad his Honour the Vice-
Chancellor the whole day. As the case is one of consi-
derable delicacy, arising out of differences between Mr.
and Mrs. Taylor, we refrain from entering further into its
details, until the arguments are concluded, and his Honour
pronounces judgment.

Parliament will
next month. be prorogued on the 11 th of

DOVER , JULY 29 —Lord Granville, English
Ambassador at the Court of France, arrived here yesterday on
his way to Faris. He slept at Dover last night, and this morn-
ing proceeded to Boulogne by the Britannia steamer under a
salute from the heights. The weather here has been most
genial for the last few
days, and the crops are rapidly advancing
to maturity. An average return is expected, should the
weather continue favourable. A gloom has been cast over the
minds of many of our citizens by the melancholy intelligence of
the death of that liberal and distinguished nobleman Earl
Durham, who, but the other day, as it were, left here for Cowes,
it was presumed, much improved in health, while confident
hopes were then entertained of his uhimate recovery.
Very great distress prevails at this moment
amongst the peasantry in the West of Ireland, particularly in
Galway and Mayo. Some of the landlords—resident and ab-
sentee—have contributed several sum% to the alleviation of this
melancholy state of things. The price of provisions was,
however, fortunately falling in the markets.
It is expected that Mr. Brady, the Attorney-
General, will have the vacant seat on the !rid' Bench, and
that Mr. Pigott, the Solicitor, will be appointed Attorney-
iCifteocrt: Gweill
er°ael ca
i;
a
s t
present
a isy Member,
notcan t h
a ce
doubt. and of his
General. This arrangement, if carriedso
into
lforClonna el, for which the
re.
election for which plane
there
The new Solicitor-General will, we sup-
va
pose, be Mr. Sergeant Moore, and the new Sergeant Mr.
liatehell.

IMPERIAL PARLIAMEN T.

HOUSE OF COMMONS, JULY 30.

The SPEAKER took the Chair at the usual hour.

Sir R. JENKIN presented a petition from the Soli-
citors of Shrewsbury, praying for the removal of the
Courts of Law to Chanccrylane.
Mr. JOHN NEILD presented a petition from
Malmesbury, against the present. system of Rural Police.
The CHANCELLOR of the EXCHEQUER
brought in the Consolidated Fund Bill, and the Ex-
chequer Bills Bill, both of which were read a first time,
and ordered to be read a second time to-morrow.