The Sun.
London, England, 1841-01-12 00:00:00

EVANS V. NICHOLLS.

. -
Mr. Sergeant CIIANNELL applied fora rule nisi, to set
aside the verdict for the defendant in this case, which was
an important action of trover, tried in London at the last
sittings. The plaintiffs are wholesale druggists, and
the action was brought to recover frcm the defen-
dants ( wharfingers) the value of a large quantity
of soda and other alkali, consigned to plaintiffs by
a manufacturer of those drugs at Newcastle, named Clap-
ham, and detained by the defendants at their wharf, as
credit( rs of Clapham, who had beamite a bankrupt after
the shipment. The defence was, that the goods were de-
tained for freightage due, and for the benefit of the other
creditors, upon whom the consignment to plaintiffs was a
fraud.

The ground of this application was that the verdict was
against evidence, it having been proved that the plaintiffs
had paid for the goods beforehand by a bill for 5001., which
was duly taken up.
The Loan CHIEF JUSTICE saA that his own impres-
sion was that the remittance cf tic bill in question gave
the plaintiffs a quasi property in ti o goods. He thought
it was, at least, a mat.er of law worthy of consideration.
Rule granted.

DINNER to th© LORD ADVOCATE

On Friday the Right Hcn. the Lord Advocate, Mem-
ber for the Leith district of burghs, was entertained by
his constituents in Leith at a public dinner in the Exchange
Hotel. About 150 gentlemen were present. Adam
White, Esq., late Provost of the burgh, was in the chair,
supported on the right by the Lord Advocate, Baillie
Thom, Mr. Gibson Craig, M.P., Mr. Murray,of Hender-
land ; Mr. Crawford, Advocate; Mr. Sinclair, of Syb-
ster, Mr. J. T. Gordon, Advocate ; Baillic Muir ; and on
the left by the Hon. Fox Mau'e, M. P., Baillie Alexander,
Rev. Mc. Bennie, Mr. Glen Johnstone, Mr. George
Thomson, Mr. John NPFie, and Baillie Hutchison.
R Alert Lawrie, Esq., and Convener Hutchison, acted as
croupier s.

Tile CIIAIIINIAN, after apologising for the absence of
Prevost Rcoch from domestic affliction, proposed the usuil
loyal ar.d constitutional toasts, which were responded to
Ist.h all due honours.

The Clialnmatsthen proposed the health of their excel-
i lent friend, the representatil c for Leith.—(Great cheering.)
oo Loan ADVLCATE was Recited with much applause.
After thanking them to their kindness, and slightly ad-
verting to the improvement of their harbour and other
local matters, he said—there is one topic which I find it
necessary for myself, and becoming to you, to enter upon,
as you areentitled to know thy opinions—_I mean the tire.
cumstatices which have arisen out of the late unfortunate
contest for the civic chair in Estioburgh. I declined to
take a part in that contest. Applications Here made to me
to take a part it, it by gentlemen of great ststion and in-
fluence on both sides. I declined to do so; and lam en.
titled to say that I dteliocd with the perfect sanction and
approbatiod of those who applied to me. There were faults
—for I was not an indifferent spectator of the contest—
there ;yore faults on both sides. It bsgan amidst per-
sonal feelings and jealousies, which sere never well en-
listed in the service of any cau-e wh lever. There was
one decia.alion made, and that by the person who suc-
ceed, d in the content—that Dissenters should nut at
certs n times—that there were times—when Dissenters
shoutd not fill civic offices—which I heard with great
reprohation.—( Loud cheers ) I have never concealed
my disgust at that sentiment. I have spoken of it re-
peatedly. I have nct before hal occasion to speak of
it in public, but I have spoken of it repeatedly in pri-
vate ; and no one better knows my feclugs with respect
to it titan the individual by whom it was uttered. —7.
(Blear, hear.) On the other hand, there were circum-
stances connected with +he great question of Church Re-
form too keenly thrust forward on tile other side of the
contest ; and I must say, that if these had been less
thrust forward, a Dissenter never would have been cs-
cluded—he would have filled the chair with the una-
nimous consent of the Liberal oarty.—( Loud clicets )
I cannot therefore allow, and I never still allow, that
tar that • matter the great cause of civil and religious
liberty vest at all in peril. Though it could be st.'wovn
that Dissenters were excluded from filling at any tine,
and under any circumstances, civil cfliecs, I should be
the last mar, to say that in that case the cause of civil
and religious freedom was not in peril.—( Cheers. )
Having cleared myself front particulsr and local mat-
ters, will you allow me to make a few observations, which
I do net think are unimportant to the countrr, in sefercrice
to the great contest which ie now carried on with respect
to the Church. There are two things here which ought to
be left entirely separate. Attempts have been made in
certain quarters to confound them—be it my object to se-
parate them entirely. The one is the great question of
Church Reform, either by modifying or controlling pat, on.
age; and the other is the question arising out of griev-
ances alleged or stated by Dissenters against the Church.
These have no more to do with each otter than any other
two things in nature.—(Cheers.) Bear in mind that I
speak not in an official capacity—that I speak not as a re-
presentative of her Maj.'s! y's Government, or of any part
of them—l epeak my own individual opinions—opinions
which 1 do not denv, but distinctly avow, shall form the
guide of my public conduct. Then, with resit: et to the
subject of reform in the Church—separating altogether the
question of Dissenters' grievances, which is another matter
entirely—l cos n I should host everted most sympathy
from these whose fathers; end the fuiriders of v. hose
faith, held the same principles, and who, in despair of ob-
taining them, teluctanily wrung themselves from the Es-
tablishment. I bsg farther to observe, that in reforming
the Church, I should advocate no increase of power to
the clergys_(lmmense applause.) I never dreamed of
that. I ~,hjected to the proposals made by other persons
whose schemes appeared to rue to have that tendency ; and
I shall support no reform that can be suspected of that.
The reform which I should advocate is this, that in a na-
tion so civilized and educatod as this is, the people ought.
to have sonic voice iu the choice of their ministers ut sell-
ligion.--( Cheers.) I shall support no reform thst is
not sccomplished by the Church in a legal and ettastitu-
throat manocr.—( Great applause.) She must dila,-
carry through }ter reforms by Act of Nihau-lent, or by the
exercise of those powers which exist in her as a (Motel',
and which arc acknowledged to exist in her as a Church.
I come now to the second matter to which I referred—
"areelYt the grievances of Dissenters. Let us look at some
of them. There is first the Bible Board. I admit that that
question was not settled as Mr. Maule and myself could
have wished; nor was it settled as the Government could
have wished ; but the question just c tote to be, 1,3
Solon said, what can be best done, and not what is
best in its2ll. We at least succeeded in putting flown the.
Bible monopoly; and, in proof of the benefit conftrred by
the measure, I can refer to no better authority' than Dr-
'l.'homson, of Coldstream, who has admitted that whatever
objections there might be to its cons..tution, in its work.,itior
it ts feet.—(Loud cheers.) Another point is thejl.l'uni
land '..-icitoo!s. There were forty Highland pat
provided with schools; they were destitute of t Teans
of education; and the question just came to , shall you
a) 'n be, thrall
give these people education under the supbcr!
insisting of
for
the ordinary parochial authoritles,
something—more liberal I admitHo'Liii Mr. Maule, With respect
to the chaplains of jails, my Hon. rri
is
t
better able to reply to that, thsus
think there may Le
a doubt whether the chaplasienz:t.ll,4 the, are Fornethit.
,)'ails could be co-
ently taken by Dissenters, ..
of the nature of ordinary cures acrds,ari
With regard to the Inspector or bchtnns, I have also
iu,e is not fits distant
of parish ae.boolimuSters, w tic open
that the Government,t t‘,lll-e
but I hope that the
l
übscri ca merely the Confession, of
to cvery
out the tumut a. ens.
Faith, w
as well as
atihjec si,t,Vton
s
The CHAIRMAN rthen gave the heal.ll of her Majesty's
Ministers, which was acivuowledged by Mr. Msule, who, in
the course of his speech remarked that he km: *
3 no per.to.
in which the Ministers were better repro ed to moot the
British Parliament, when British honour was better vinifi-
cated, or her authority and m iral influence better evta-
blished, from one end of the world to the other, than at
the present moment.—(Cheers.)
The CHAIRMAN gave " The Clergy of all Denomina-
tions."—( Cheers. )
Rev. A. BENNIE, in returning thanks, expressed his
entire concurrence in the great leading principles laid d: seer
by the Lord Advocate ; ai;d in none more than this, that
no Dissenter should labour under any civil disability witat -
ever, in consequence of his religious opinions.—(Applause.)
The CHAIRNIAN gave the health of Mr. Mrule.—( Great
applause.)
Mr. Maut,E returnel thanks, and, in 6e course of his
rt ply, entered into an explanation Dissecters from 'be. n
f the insertion of the
clause into the Pinson Bill excluding . .
istan
ce of winch was that,
chaplaincy of jails, the st, •
though her was not ignorant that Lord Galloway intended
to introduce the clause, yet the pcniud of the SA.,si„, at
which it was introduced MIS 5, late, that he was
under the alternative either of submitting to the clause, et',
lose the Bill, whielifiad already been suffered to fall during;
the preceding Sessten ; and as he was not then awate
any inis
d• .idu.o injury the clause would inflict, he allowed it
to pass rather than put off the Bill for another Session.
Had he bean an tire, hoo;ever, of the case of the chaplain
of Bridevrell, he would at least have taken care to have
pats .1• •1, •d existing interests, aid to this he believed coon
,
the House of Lords would not have objected. Mr.
Maule then gave the " Health of the Provost, Magiotrtes,'
and Town Council of Leith," whidi was tte!tnowludt4,7ti
by Bane Thorn, •