The Sun.
London, England, 1848-02-15 00:00:00

nTHE'f'SUN, LONDON,

STRAND THEATRE.
NEW MANAGEMENT,
Under the Sole Direction of Mr. Oxberry.
THIS EVENING,
The performances will commence with the Romantic Drama.
called THE DENOUNCER; or, THE SEVEN CLERKS OF
MARSEILLES. Principal characters by Mr. E. Laws (his first
appearance), Messrs. Oaberry, Yarnold,, Rogerson, Hantley,l and
Miss Love,

After which (first time) a New Grand Burlesque Opera, by the
Author of the " Adelphi :'forma," called LUCY OF LAMMER-
MOOR. Not with Mr. Bunn's or M. Jullien's, but with Oxberry's
poweribl cast—Lucy, Miss E. Terry ; Captain Ashton, Mr. Oxberry ;
and Edgar, Mr. Yarnold.
To be followed by the new Ballet, THE SPRITE OF THE
VINEYARD, in which Mdlle. Louise Blanche, Miss Jane Coleman,
and Herr Dialogue will appear.
To conclude with ITS MOTHER'S PET. Albertina Victoria,
Miss M. A. Egan.
Private Boxes, 10s. 6d. ; Boxes, 25.; Pit, Is. ; Gallery, 4d. Half-
price to Pit and Boxes at a Quarter bibre

As his apologists have attempted to justify his con-
duct, we may be permitted to examine the nature of
the offence which provoked the animadversion, and
led to the denunciation, which might have occasioned
the most serious results.

It appears that a complaint was preferred by Mr.
ODELL, a sub-inspector of constabulary, against the
Rev. ANTIIONT NOLAN, parish priest of Monsea and
other parishes in the county of Tipperary, for having
during the performance of Divine service denounced
from the altar, and anathematized a police-constable
and a process-server, for having dared to post on the
doors of the chapel an ejectment notice. This was
the head and front of the offence which provoked the
wrath of the Rev. Gentleman, and for which be felt
himself justified in arousing the "passions of an
already inflamed and excitable people." In order
to understand fully the character of this atrocious
outrage on his feelings, it should be stated that it is
frequently the practice of the Irish Law Courts to
permit a substitution of service in ejectment proceed-
ings when unusual difficulties or dangers are inter-
posed in the way of the ordinary service. In such cases
the attempts that have been made must be recited in
the affidavits on which the application is grounded,
and if the Court should judge that there is an organized
resistance to the law, and that a refusal of the
motion would lead to a failure of justice, an order
is made, declaring that what has been effected, as set
forth upon the face of the affidavits, may be deemed
good service, provided that copies of the order and
the notice are posted upon the most usual places for
posting notices in the vicinity, amongst which the
doors of the church and chapel, and other places where
public worship is usually solemnized in the parish, are
invariably included. The constabulary generally
afford their protection to the process• server, who is
employed to post the notices while engaged in his
unpopular and perilous avocation, without which
considerable fears might reasonably be entertained for
the safety of the obnoxious officer of the law. Some
such proceedings had taken place at Monsea. The
bailiff, in obedience to the direction of the Court
posted the notices, and a private constable had at
tended in pursuance of the commands of his superior
while the posting was being eftected—which com-
mands, if he had ventured to disobey, he would most
justly have been discharged from the force. The
Rev. Gentleman, however, could not pardon this
`‘ outrage," and, in the language of his " vindicator,"
" spoke strongly from the altar on the subject, and
used, in the heat of his indignation, one or two expres-
sions which, under other circumstances, except of
strong provocation, and if used in cool delibe-
ration without cause, might be objectionable—but
which, under the stinging insult given, were
venial indeed, if not wholly excusable." The
" denounced " policeman had the audacity under these
circumstances to report to his superior officer, under
whose direction he had acted, the ecclesiastical thun-
derbolt which had been hurled at his devoted head,
and this report was forwarded to "head-quarters."
A communication with the Rev. Dr. KENNEDT, the
R. C. Bishop of Killaloe, was the result, and to the
credit of that amiable prelate an investigation was
directed, even before the receipt of the recent
rescript from the Vatican, to which we alluded last
week, but which inquiry was rendered unnecessary
by the suspension of Mr. NOLAN, and his confession
of having acted in the manner alleged against him.
Now none of the excuses that are usually put for-
ward can be available in this instance. It was not a
landlord who was attempting to clear his estates, and,
careless of the sufferings and misery which his pro-
ceedings might occasion, whose heartlessness and
cruelty aroused the burning indignation of this
minister of the Gospel. It was not an agent, who
had the management of property, and whose recom-
mendations could in any manner be attended to. It
was not a tenant, who had taken possession of, or been
in negotiation for, lands from which others had recently
been ejected. In any of these eases, some plausible
pretext might have been put forward, some benefit to
the parties about to be driven from the homes of their
childhood might have been -hoped for, however
unlikely to happen. But in the present case no
possible advantage to any party could have 'accrued
from such a proceeding. The parties denounced
were, first, the humble instrument of the law, whose
only duty was to serve the process with which
he had been intrusted in the manner indicated
to him. He merely lent his aid to carry the law
into execution, and had he refused to do so, many
others would have been found ready to perform the
task. A short time previously a sad example, too,
had occurred of the dreadful lengths to which the
" exeiteable people" might carry their vengeance for
such a "provocation." An unhappy man is at this
moment lying under sentence of death in Clonmel
gaol for having murdered a process-server when re-
turning from having served a notice on the father of
the wretched assassin. Was the conduct of the Rev.
Mr. NOLAN calculated to deter his flock, whose
spiritual destinies were committed to his charge,
from the commission of similar atrocities, and to
inculcate a prompt and ready obedience to the law ?
We shall suffer these " vindicators" of the Rev.
Gentleman to reply.
The case of the constable was, if possible, worse.
He had only obeyed the lawful commands of his
superior officer, and yet he had been held up as a
criminal from the altar for so doing. This was a
direct interference with the servants of the Govern-
ment, of which it is impossible to speak in terms of
sufficient reprobation. Nothing more dangerous to
the safety of the country could possibly take place.
If the police are to be tampered with, or censured, for
discharging their duty, the precedent will speedily be
extended to the military, and ne person can say
where the meter would terminate. 'We trust, how-
ever, that the Papal rescript, and the ready obedience
yielded thereto by the most distinguished members of
the Roman Catholic Church, will prevent the recur-
rence of any similar proceeding at any future period.

By additional intelligence received from Naples of
the 7th it would appear that the citizens still awaited
in tranquillity for the constitution guaranteed on the
10th. The account of the withdrawal of the troops
is confirmed. Much curiosity was excited by the
sudden demise, on the Ist of February, of the Countess
Of CHARLEVILLE.

A correspondent writes from Lombardy :—" The
municipal council have presented a petition to the
Viceroy of Lombardy, at Milan, praying for reform.
To this the Viceroy has replied that the EMPEROR
listens to all reasonable demands, legally presented.
The Augsburg Gazette says that ten arrests have been
made at Milan of persons moving in the higher ranks,
and that important papers have been discovered."

It would appear from letters just arrived from
Geneva, dated the 11th inst., that certain difficulties
had arisen there respecting the-freedom of the press.
Some members of the Landsgemeinde demanded
" a law of repression against the press," alleging as
a reason for the request the publication of certain
offensive articles. This demand had been peremptorily
refused.

Athenian papers to the Ist of February have been
received.

The commercial relations with Turkey having been
resumed, it was hoped that commerce would gra
dually revive from the blow that had been inflicted
upon it.
M. Mussuaus had not yet arrived at Athens.

The Chamber of Deputies had resumed its sittings.
On the 25th of January the Minister of Justice pre-
sented a Bill for establishing a Court of Appeal at
Patras. The budget for 1848 was to be brought
before the Chambers without delay.
The Moniteur Grec, of the 30th of January, pub-
lishes a table of the general receipts and expenditure
of the State during the year 1847. The receipts are
given at 18,483,544 dr., and the expenses at
18,422,33] dr., leaving a balance of 61,213 dr. in
favour of the receipts.

Madrid papers of the Bth have arrived.
They announce the restoration of the QUEEN to
perfect health.

M. MARTINEZ DE LA Rost was about to leave
Madrid for Rome, where he is Ambassador.
A meeting of the shareholders of the Union Bank
is to be held on the sth of March.
MADRID BOLSA, FEB. B.—The Three per Cents.
at 28i at 50 days, 27/ cash; Five per Cents., 17 for
the 6th of March, 16k to cash; Passive Debt, ;

Coupons, 111 for the 10th instant. Exchange on
London, 47 80.

We have received the Paris journals of yesterday.
On Sunday a meeting of the Deputies of the Op •
position was held, the numbers present exceeding
one hundred. The object was to consider the line of
conduct they ought to pursue in consequence of the
vote of the Chamber on the last paragraph of the
Address. The meeting declared unanimously that
the Address, as voted, was a flagrant and audacious
violation of the rights of the minority, and that the
Ministry, in assuming the arbitrary power of putting
a stop to the meetings of the people, had violated one
of the most sacred principles of the Constitution, and
one of the most essential rights of citizens.
It further resolved that, in the present circum-
stances, it would not be prudent to resign their seats.
With respect to the Reform banquet in the twelfth
arrondissement, a committee was appointed to com-
municate with the committee of electors, and to
arrange with them for the attendance at the banquet
of the Deputies of the Opposition, the banquet being
got up as a protest against the arbitrary pretensions
of the Government. It was also resolved that no
member of the Opposition should join the deputation
appointed by the Chamber of Deputies to present the
Address to his MAJESTY.

This assemblage took place in the Place Madeleine,
and the manifesto of the Opposition, containing the
above statements, appeared in the Paris papers of
yesterday morning.
It would appear that this manifesto has caused no
little alarm to the Ministry of Louis PHILIPPE, for
the Journal des Debats hastens to assure the public
that the Government will soon introduce a Reform
Bill, and supplicates the Opposition to suspend the
agitation which already presents so formidable a
front. The reply to this is in the fact that the Re-
form banquet appointed to be held is to take place in
the heart of Paris.

The Mayors of arrondissements, in Paris, who be-
long to the Opposition signified their intended resigna-
tion if Government persisted in obstructing the
Reform meetings. A report was current that the
Prefect of the Seine had already resigned. A long
conference was held, it is presumed, upon these
urgent matters between M. GUIZOT, M. DUCHATEL,
and the Minister of Justice.

On Sunday another significant circumstance
transpired. Sixty officers of the National Guard
sent an address to the Opposition Deputies, in which
they offered their services as an escort to the Reform
banquets, and as a guard against any obstruction to
the fulfilment of the intended demonstration.

The receptions at the Tuileries; continue. The
KING is in good health, and enjoys daily drives and
walks.

DEL CARRETTO, the late Minister of Police at
Naples, had reached Marseilles.
From private letters from Berlin it would seem
that Baron ALEXANDER VON HUMBOLDT is lying
dangerously ill.

There is no longer any hesitation as to the Reform
movement. The banquet is definitively fixed for
Thursday, or, at the latest, Sunday next. Every
man jack among the Opposition Deputies will at-
tend. Besides these there will be the opposition
National Guards, armed only with their side-arms,
since it is the etiquette that they cannot otherwise le-
gally appear in arms except when summoned by their
chiefs.

There was a report prevalent yesterday in Paris
that 250 officers of the National Guard had adhered
to the manifesto of the Opposition Deputies, and avowed
their determination to attend at the banquet of the
12th arrondissement. The Government are resolved
at this moment to prevent the banquet. Their means
for enforcing submission to their will are immense.
The army in Paris and its environs is numerically
equal to the National Guard. Every barrack, every
post, every guard house of the hundred that are in
the capital is fortified and safe from a coup de main.
The officers of the staff are studying the plan laid
down by Marshal GERARD for resistance to a revolt.
Every military post in Paris, and every one of the
forts that surround and command it, is gorged with
ammunition. There were no proceedings of any
interest in the Chamber of Peers yesterday. In the
Chamber of Deputies the project of law for defini-
tively regulating the budget of 1845 was discussed.
The Three per Cents. closed on the Paris Bourse
yesterday at 741.; New Loan, 751. ; the Five per
Cents., 1161. 60c. ; the Orleans Railroad Shares,
1,183 f. 75c.; Rouen, 8621. 50c.; Havre, 417 f. 50e.
Great Northern, 5401. ; Avignon, 528 f. 75c. ; Vier •
zon, 5071. 50c.; Bordeaux, 4751.; Boulogne, 365 f.;
Basle, 1571. 50c: ; Paris and Strasburg, 403 f. 75c. ;
Tours and Nantes, 382 f. 50c. ; Paris and Lyons,
390 f.; Spanish Three per Cents., 31.1; ditto Pas-
sive, 4i.
MARSEILLES, FEB. 9.—Marseilles and Avignon,
5521. 25c.; Northern, 5451.

BUSINESS DONE IN FOREIGN RAILWAYS AT THE
LONDON STOCK EXCHANGE. FEB. 14.

Boulogne and Amelia, 13%—Dutch Rhenish, I%—North-
em of France, 11A.

ELECTION COMMITTEES.
(THIS DAY.)
WEST GLOUCESTERSHIRE.

The Select Committee appointed by the House of
Commons to ascertain the truth of the allegations con-
tained in the petition presented against the return of
Mr. Grantley Berkeley met for the first time this
morning in Committee-room Nu. 22 ; Mr. Granger in
the chair.
Nlr. SergeantWrargham, Mr. Sergeant Kinglake, and
Mr. Merewether appeared for the petitioners ; and
Mr. Crowder, Q.C., with whcm were Mr. Cooke and
Mr. Westley, for the sitting Memlier.
The usual preliminary resolution having been passed
by the Committee,
Mr. Sergeant WILANCHAIII opened the case for the
petitioners, who, he said, were certain electors of West
Gloucestershire, and they complained of the return of
the sitting Member solely upon the ground of want of
qualification. The Committee were no doubt aware
that a qualification for Members of the House of Com-
mons had been required since a certain year in the
reign of Queen Anne, but the most important Act upon
this subject was passed in the ninth year of the reign of
Anne, which recited a former Act, and was entith d An
Act for Securing the Freedom of Parliament, by further
qualifying Members to sit in the House of Com-
mons." That Act was afterwards amended by an
Act passed in the thirty-third year of the reign of George
the Second, which extended the provisions of these
qualifying Acts to Ireland, and which provided that all
knights of shires should have a qualification in land of
6001., and all burgesses who represented boroughs should
be required to possess a qualification of 3001. per annum
in land. These Acts remained in force down to the com-
mencement of the present reign, when by the statute of
the Ist and 2d Vic., chap. 48, these Acts were altered so
far as the subject-matter of the qualification was con-
cerned. The amount remained the same, but it was not
thought expedient or just, seeing that property of dif-
ferent descriptions had grown up since the passing of the
33d of George 11., any longer to continue the quali-
fication comprised only in the possession of land, and per-
sonal property, under certain circumstances, was admitted
to be a just qualification. Now, by the declaration
which the sitting Member had made of his qualifica-
tion it appeared that he founded his qualification upon
a rent charge of property in West Gloucestershire,
amounting to 700/, and an income derivable from money
invested in the funds. The money invested in the funds
amounted in the whole to 51.142/. 14s. 4d., and produced
an annual income of 1,534/. ss. 7d., but the latter sum
was subjected to a number of incumbrances, and after
pr,,vidtng for these incumbrances there only remained
an income of 2021. ss. 7d. The incumbrances consisted
of annuities, which the sitting Member had granted
to various parties. In the first place, there
was a❑ annuity of 4001., granted to Mrs.
Grantley Berkeley, in the year 1824. In the year 1828
there was an annuity of 5161. a year granted to the Old
Rock Insurance Company, since transferred to the
Economic. In 1830 there was a second annuity of 861.
a year granted to the same office. In 1839 an annuity
of 951. per year was granted to a gentleman named
Haskel. In 1842 an axiality of 1351. per annum was
granted to the Economic Lite Office ; and in 1845 and
1847 Mr. Grantley Berkeley granted two annuitif fr of
50/. each to the Family Loan and Endowment Society,
These incumbrances, therefore, reduced the income of
air. Grantley Berkeley, derivable from funded property,
to 2021. ss. 7d. With regard to the rent charge of
700/., the Committee would find by the evidence
that Mr. Grantley Berkeley had no control over it. It
was a rent charge, vested in certain parties in trust, to
pay at their discretion the proceeds to Mr. Grantley
Berkeley or to his wife. Since it had been left the
proceeds had been paid to Mr. Grantley Berkeley, but
smt tio teiya' It t
e thisw sotualtde mb eeheAi
rcould
Grantleys b
the trustees had it within their power to withhold the
Berkeley had no qualification, and he had no right to sit
for the Western Division of the county of Gloucester.
It was decided by the Committee that the onus lay
statement ebayr, evidence,tlet°r therefore,
thatif
with the petitioner, to prove that Mr. Grantley Berkeley
was not qualified to hold a seat in the House of Com-
mons without calling upon that gentleman in the first
instance to make good his qualification.

G
The Select CoinmilEitteAela' )toW.inquire into the
truth of the allegations contained in the petition pre-
sented against the return of Thomas P. Williams, Eiq ,
and '''olonel Brownlow Knox fur Great .I,larlow, ass4am-
b,lt d for the first time this morning, in Counnitte‘-roan
No. '24 ; Sir John Pakington in the chair.

Mr. Sergeant Wrangham and Mr. Sergeant Kinglake
appeared for the pytitioners, and Mr. Alexander and
Mr. Edwin James for the sitting Members.
Mr. Sergeant WRANGTIAM stated the case for the peti •
tioners. The borough of Great Marlow he said did not
contain more than 351 voters, but still it had often been
the scene of severe contests amongst parties who were
large landed proprietors residing in the neighbourhood
of the borough. In 1841, Sir William Clayton, one of
these gentlemen, was returned by a majority of one, but
he was afterwards unseated upon the petition of Mr.
Hampden, who claimed the seat. At the recent election
Sir William again entered the field with every prospect
of success, but Colonel Brownlow Knox came
forward to oppose him, and by having re-
course to bribery and other corrupt practices,
he, together with Mr. Williams, succeeded in
defeating Sir William Clayton. The bribery in ques-
tion occurred on the polling day, and so successfully
was it carried on that a large body of Sir William
Clayton's supporters were, towards the close of the poll,
induced to turn their coats. The result was that Colonel
Knox received a majority of 17 votes over Sir William
Clayton, but in the moment of victory some of the voters
inadvertently let fall certain hints, which lvd to an
inquiry that placed beyond all doubt the means by which
Sir William Clayton's supporters were induced, in the
very hour of trial, to forsake their colours.
Mr. ALEXANDER objected to his Learned Friend
going into proofs of bribes administered to voters, on the
ground that no list of voters who were said to have been
bribed had been delivered to the sitting Members, in
accordance with the provisions of the Bribery Act.

HOUSE OF LORDS.—( THIS DAY.)
The House met today to hear appeals. The peers
present were the Lord Chancellor, Lord Hatherton,
and Lord Elphinstone.

BROUGIITON V BOUGHTON.
The arguments on this appeal occupied their Lord-
ships the whole day.

VICE-CHANCERY.—(THIS DAY.)
(Before the VICE-CHANCELLOR Of ENGLAND.)
DAVIS V. CHANTER.
The further arguments in this part-heard case,
which came before the Court upon nine causes, were
re-argued this morning, and occupied his Honour
the whole day. The case appears likely to occupy
four or five days.
(Before the Vice-Chancellor KNIGHT Baum)
THE ATTORNEY-GENERAL V. MUNRo.
The further arguments in this cause occupied his
Honour the whole morning.

QUEEN'S BEN CH.—(T HIS DAY.)
(Nisi Prius sittings at Westminster, before the CHIEF
JUSTICE and a Special Jury.)
CLARK V. CHALLIS AND OTHERS.

This was an action of trespass for breaking into
and entering the plaintiff's house.
From the statement of Sir F. Taxstoza, it ap-
peared that the plaintiff, who is a gentleman of great
respectability, and who is secretary to the Army and
Navy Medical Board, and the Widow's Fund, resides
at a house in Tavistock-square which had been pre-
viously occupied by a person of the name of Berkely.
The defendants are the two sheriffs of Middlesex, and
Mr. Lawrence Levy, their officer. On the 10th of
August last, about seven o'clock in the evening, and
while Mr. Clark and his family were absent at
Brighton, two men knocked at the door, which was
opened by a female servant, the only person in the
house, and demanded to see Mr. Berkely. They were
told that Mr. Berkely had left there a twelvemonth
ago; but not being satisfied with that state-
ment, they forced their way into the passage,
and produced a warrant, distraining upon the
goods in the house. They refused to leave
the premises, and the servant called in two
policemen, who were, however, unable to interfere.
The plaintiff's son, it appeared, then went in search
of Mr. Levy, whom he ultimately found at the
Lyceum Theatre, for the purpose of explaining to him
the mistake of his officers, but he treated the matter
with the greatest nonchalence, and said that the man
must remain in the house during the night. On the
following day, however, Mr. Levy withdrew the
officers, having been satisfied that Mr. Berkeley did
not reside there. The Learned Counsel stated that
the plaintiff, in the discharge of his duties, had large
sums of money passing through his hands, and it was
of the utmost importance that no suspicion should
attach to his credit, and nothing was more likely to
create that suspicion than the proceeding which was
the subject of this action. Ile, therefore, sought com-
pensation at the hands of the jury for the injury he
had sustained by the conduct of the defendants.

Mr. HUMFRiY, for the defence, admitted the tres-
pass, but contended that, the 61. which the defendants
had paid into Court was amply sufficient to cover all
damage that the plaintiff had sustained.
The LEARNED JUDGE, in summing up, said no
malice had been shown on the part of the defendants,
but they had evidently been guilty of a great deal of
carelessness, and it would be for the jury to say what
amount of compensation the plaintiff was entitled to.
The jury almost immediately found a verdict for
the plaintiff for 1001.

DUKE OF BRUNSWICK U. GIMELIN.
This action, which i 3 brought by the Duke of
Brunswick to recover damages for libel against
another publisher of the Satirist, stood for trial
to day.
His Highness, who appeared very much indisposed,
applied to Lord Denman to have it postponed, as he
said he was unable, from ill health, to undergo the
fatigue of conducting his case to-day.
Mr. CocmanaN said as his' Highness had not
opposed him when he made a similar application to
the Court, on precisely similar grounds, he should
consent to the postponement of the trial.
The case, therefore, stands over until the sittings
after next term.

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