The Sun.
London, England, 1848-01-26 00:00:00

rHE SU N, LON DON,-7.___ WEDNESDAY EVENING, JANUARY 26, 1848.

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THE CASE OF THE REVEREND
DR. JIAMPLEN.

QUEEN'S BENCH-(TMS DAY).

(Sittings in Banco before the Lora) CHIEF JUSTICE
MA_ Ju-tires PATTFSON, CoL,EnIDGs, and ERLE.)

TIIE QUEEN V. THE Ancinusnur OF CANTERBURY

The arguments were resumed this turning.
Dr. ADDAMS first referred to the points urged by
him yesterday. He said he now had to contend that
the appointment of a bi:hop arose from his election,
the Crown confirming the said election, and that the
business of confirmation was judicial and not rniniste-
terial. The statute of Henry VIII., entitled " the
payment of first fruits to the Lord Bishop of Borne,"
was passed in order to abolish the power of the Pope
in the appointment of bi-hops, and, consequently, to
abolish the enormous sums levied on the new bishops
by the Pope for bulk briefs, and so on ; but it did
not, he contended, prevent any opp' sition to the olec
tion of a bishop. The term " confirmation " was not
used in the part of the Statute which had reference to
presentation, and therefore he contended that inquiry
might he made into the piety or doctrine of a bishop
lo presented for election by the Crown, in the same
Way as the bishop of a diocese might inquire into the
doctrines or character of a clerk appointed to
a living; and this might be dune without violating
the Act of Henry VIII. in the one case,
or existing Acts in the other. The election of a
bishop was an inchoate act, and if his confirmation
did not take place, he would never be the bishop of the
diocese; he would simply be the bishop elect. Much
stress had been laid on the absolute nature of the.
order to confirm. Suppose a bishop, between his
election and confirmation, went over to the see of
Rome—suppose a bishop, after his election, became
insane, and were brought into the church in a strait-
waistcoat to be confirmed—could it. be said that the
Commissioners appointed to confirm would incur the
pains and penalties of prminunire by refusing, under
the circumstances, to do so ? To contend that con-
firmation must follow was an irrational interpretation
of the Act. Confirmation was as much a judicial as
a spiritual act. He could see nothing in the Act to
prevent persons from appearing when they were cited
to do so ; and there were cases on record in which
opposition had been admitted, for which the parties
admitting the opposition did not fear incurring the
pains and penalties of prseinunire. Francis Mason,
in writing in 1625, shortly after the passing of the
Act, said that persons were clearly entitled to appear,
and that the fact of their doing so would nut subject
the hearers to prwmunire.
Lord DENMAN—Who was Francis Mason ?

Dr. ADnems----He was a clergyman and preben-
dary at Westminster, and is a person generally con-
sidered of great authority. Archbishop Potter, in
his work on Church Government, though claiming
the supremacy of the Crown in all matters ecclesias•
tical—though not in the same sense as claimed
by the Attorney and Solicitor-General—con-
sidered that not only the officers of the Church,
but the people should consent to the election of a
bishop before he could be ordained. lle said the
People should be called three several times, if, from
the piety, learning, and life of the person proposed,
he was a fit and proper man to fill the vacant office.
Having alluded to the opposition of a bookseller named
Jones to the election of Bishop Montague, reported in
Collier, he contended that the opposition would have
been received if it had been offered in due form of
law ; and Dr. Rives, an able and eminent divine,
declared that the opposition would have been valid if
it had been in writing, but as it was not, it fell to
the ground.
Lord DENMAN inquired what authority Rites had
for saying that the grounds of opposition to a bishop
must be drawn up in writing ?
Dr. ADDAMS conceived that he inferred so from the
fact that it was usual in the Ecclesiastical Courts to
receive proceedings in writing.
Mr. Justice ERLE also inquired what ground the
same authority had for saying that a locus standi
could not be obtained unless the grounds of opposi-
tion were presented in writing by a proctor ?
Dr. Appeals said he was incorrect in this, as a
suitor might appear in persona. The Learned
Counsel then read the account of the election of
I3:shop Montague, as reported by Bishop Goodwin.
Lord DENMAN said, no doubt bishops were con-
sulted on these matters, but it would be important to
ascertain whether the opposition in the case of Mon •
tague took place before or after confirmation.
Dr. ADDAMS then referred to the opposition given
to the election of the Bishop of Manchester by Mr.
Gutteridge, who was confirmed by commission. After
asking Mr. Gutteridge several questions, the Chief
Commissioner finding that his exceptions were not
signed by an advocate, told him that his opposition
could not be entertained, at the same time :tette,
thnt the commissioners eeeeidered that they were
Simply there for the purpose of confirming the said
Bishop, and not to hear any grounds of opposition.
Th., Learned Counsel then cited the case of the emi-
nent Dr. Clarke and Dr. Maiden, whose doctrine
being considered unsound, were not elected on account
of opposition, though the last was afterwards ap-
pointed Bishop of Derry, but in this country he was
to have been Bishop of Gloucester. lie hoped that
he had shown their Lordships that the business of con-
firmation was merely a judicial act. The fact, that
the warrant of confirmation was endorsed " fiat con-
firmatio," was strong presumptive evidence of this;
the fact, also, that parties were cited to appear
a few days before, and in short the whole proceedings
came under the same interpretation. If these acts
were not judicial he was at a lose to understand what
were judicial proceedings. It was absurd to say that
the commissioners had no power to hear the
grounds of opposition. lle then recited the pro
ceedings which took place at Bow church. The
Learned Solicitor-General had said that the pro-
ceedings at the election were merely "a sham and
a shadow," but if they were so, surely the
confirmation came under the definition. When he
expressed himself so strongly of " shams and sha,
dews," as evinced in the election, he might have gone
further with great propriety, and said that the citing
of parties to appear, and when they did appear, at
great expense to themselves, and at great pains and
trouble, being told that they could not, and yet after
that were again cited, was a " sham and a shadow''
of the most egregious and monstrous kind.
Lord Deeteee, having referred to the affidavit,
said—lt appears the parties say that they appeared
when they were cited to do so, that they were told
they could not appear, and that all parties who were
sited and who did not appear were judged " contu-
macious." Now it appears to me that the Learned
Solicitor-General meant that the whole of these pro-
etedings were " shams and shadows."
The SOLICITOR-GENERAL—Oh yes, my Lord,
every word of it.—(Laughter.)
Dr. Anniats hoped the Learned Counsel would
bring in a Bill to abolish such useless ceremonies ; or,
if they were to he continued, that he would bring in
a Bill fixing future confirmations for the Ist of April,
so that the old story of making people April
fools might be carried out to the letter.—(Renewed
laughter.) If he had been the counsel for the oppos-
ing party in the case of the Bishop of
Manchester, he should first have insisted that
the appearance of the opposing parts should
be recorded in the registrar's hook, as in that case
there could be no doubt that they would have an
appeal, and could have come to this Court for a man-
damus. lieughton considered that the court ap-
pointed to confirm a bishop had jurisdiction to hear
grounds of opposition, and other authorities agreed
with him.

The ATTORNEY. GENERAL here said, as his Learned
Friend had stated in his absence that no com-
mission was issued by the Archbishop, he wished to
Produce the original, in order to set the matter at
rest. It WIIS directed to Dr. Burnaby, Sir John
Dudgson, and Dr. Lushitigton, who, to we the words
of the deed, " are hereby constituted our commis-
Dr.s. AnnAsts said he had been misinformed, but he
might take that opportunity of saying that they had
not the same facilities of referer ce to the register
as his Learned Friends had. When the statute
said that confirmation must take place within twenty
days, it inferred that it was to be done unless there
was some lawful hinderance, such as illness on the
Part of the person to be confirmed. Ile begged the
attention of the Court to the 26th of Henry VIII.,
which provided for the election of suffragan bishops,
and it stated that their confirmation should take
Place within three months if there was no let or
hinderance, and it could not be said in the case
before the Court that there was no let or hinderance.
If this mandamus were granted, the character of his
doctrine would be at once determined, and if it was
proved that his doctrine WAS not erroneous, he would
then he in a position to take his seat on the bench
with greater satisfaction to himself and the public at
large, and if the suspicions with respect to his
doctrine should be confirmed, he would not of
sour be a bishop " to all intents and purposes,"
the Crown would again have to uroceed to
a fresh election or appointment. If the present
was not a case for mandamus, he did know what
could make a case ; no other course was open to; the
parties if they did not succeed in the present motion.
lie did not consider that the case of Lucy v. Bishop
or St. David's, referred to by the other side, was any
authority upon the p.pint, because the allegations of
the Bishop were rejected by a superior court, and
there was not, of course, any appeal. The present
case was totally different from that, for if the allega-
tions in this case had been heard when tender( d, an
appeal would have been brought to a supreme court.
With respect to the other authorities cited by the
other side, he would not go through them, but leave
it to those Learned Gentlemen who would follow him
to do so. The Learned Doctor concluded by apolo.

gising for the great length to which his address had
xtended, and trusted that the Court would grant the
mandamus.
'AI 1%11. S. ST EVF,NS followed on the same side. The
object of the statute 25 Henry VIII. was to annul the
power of the Bishop of Rome in this country, and
that the Archbishop of Canterbury should be allowed
to confirm and consecrate without any appeal to
Rome. This power was not first granted to the
Arcl:hi,hop by that statute, but, on the contrary, was
recognised by it. The sentence pronounced by the
commissioners for the Archbishop with respect to the
confirmation of Dr. Hampden proved that the Arch-
bish,,p acted in a judicial manner, and in 17 Viner's
Abridgement, title 6 E., it was stated, " that
if sentence is given by any ecclesiastical judge,
it is to be pronounced by the common law
judges that it is according to the ecclesiastical law."
In " Gibson's Codex," page 114, it was stated " that
the election, prior to confirmation, is an incompleted
act, and may be vacated by the refusal of the :person
to accept, and by the King to admit, and by proof
of any legal incapacity at the election. In support
of the judicial character of the Archbishop in the
Confirmation of a bishop, the Learned Counsel cited 3,
Sawtell, page 71, Godolphin's Prepertorutn ; the
case of Peakcock, 5 Cooke, page 58 ; Lord Raymond,
page 541. It was evident, therefore, that the
finding was a judicial one. Now, what were
the facts of the case ? The confimation was
appointed to take place at Bow Church, opposers
were duly cited to appear, and three beneficed clergy-
men of the Established Church came forward with
their proctors and counsel, and with their charges
proprrly reduced to writing and legally signed, and
they were refused a hearing, and he contended that
there was therfore an absolute denial of justice in
the case, and no other remedy was left for the
parties but that of mandamus. No appeal could be
brought, because the parties had nothing to appeal
against. The Court had power to issue man-
damus in this case. In support of the argument
that the Court had the power to issue mandamus the
Learned Counsel cited Rex v. Mayor of Fowey, the
case of Bagley, reported in 11 Cooke, 118 ; Rex v.
Baker, 3 Burrell's Reports, 1267, and in this case
Lord Mansfield stated in his judgment that writs of
mandamus were introduced to prevent disorder from
a failure of justice, or defect of police; therefore it
ought to be used on all occasions where the law estab-
blishes no specific remedy, and where in justice
and good government there should be one.
The case of Rex v. Bishop of Lincoln, 2 Term Re-
ports, page 338, in a note, Rex v. Bishop of Ely, 5
Term Reports, page 477, also bore out his views of
the jurisdiction of the Court. Then it had been said,
on the other side, that the Court would not issue
mandamus in cases where penalties might attach for
obedience to the writ. The case of Rex v. Everett,
cases of the time of Hardwicke, page 261, was a
cause decidedly in opposition to that view of the
case. Even with respect to points of practice, the
Court had interfered by writ of mandamus. The case
of Rex v. the Justices of Caernarvon was a case in
point.
Lord DENMAN—In that case the Court has some
reason to think they ought to re-consider their de-
cision.

Mr. PEACOCK followed on the same side. It had
been assumed by the other side that the King had the
same power as the Pope. He contended that he had
not ; the King could not consecrate a bishop.
Mr. Justice COLERIDGE—He had the same power
of dispensing.
Mr. PEACOCK submitted that he had not the power
to dispense with the question of age, as that subject
was regulated by several statutes. One of the ques-
tions submitted to the Archbishop on his consecra-
tion was, " Will you be faithful in ordaining bishops ?"
Now, would it be considered that the Archbishop
would be bound to lay his hands upon any person
whom he knew to be incapacitated legally from the
performance of his duties ? His Learned Friend
Dr. Bay ford had said that a profound darkness rested
over them with respect to what was the canon law.
There was, then, the greater necessity for en-
' deavouring to obtain what light they could upon the
subject, and he conceived that the best mode of ob-
taining this light was from the practice which had
existed for centuries in the confirmation of bishops,
and that practice had always been to cite any opposer
to come forward. Now it appeared from the affida-
vits in this case that the parties cited to appear were
not allowed a hearing. Suppose, for instance, the
Archbishop previous to his consecration of a bishop
should put the question to him, "Do you believe in
the Scriptures ?" and the bishop was to answer, " I
do not." Would the Archbishop be liable to pros-
munire if he refused to consecrate such a person who
had no faith in the Scriptures ?
Mr. Justice COLERIDGE—What is the nature of the
proceedings under prtemunire?
Mr. PEACOCK apprehended that it would be indict-
ment, and that the party would be entitled to plead
" not anitty," and thor. t.T iai a the whole question.
In the case to which he had just alluded, supposing an
indictment should be brought under praemunire
against the Archbishop, he would be entitled to plead
" not guilty," and show that the Bishop did not
believe in the Scripture ; and he apprehended that
would be sufficient grounds for setting aside the in-
d.ctment. There was no provision made in the sta-
tute for the Crown doing any act tantamount to
confirmation or consecration, should the Archbishop
refuse to do either the one or the other ; but
if the Dean and Chapter should refuse to elect,
then the Crown had the power to nominate, which
clearly showed that it was intended to grant some
discretion to the archbishop in the matter of confirm-
ing and consecrating any person who might be
elected. He contended that the commission sent by
the Crown contained no positive command to confirm
et all events. It had been said that the present was
not a proper case for mandamus ; no other resource was
open, no appeal could lie, unless there had been a
hearing of the case. The parties had been refused a
hearing, and the only course to adopt was to call
upon the Archbishop by mandamus, from this Court,
to compel them to hear the parties. In the case of
Lucy v Bishop of St. David's the parties had a right
of appeal, the case having been heard and decided in
one of the courts, and this Court could not interfere
by mandamus, and it would be found that in all the
cases cited where mandamus had been refused, it had
been refused upon the ground of a decision having
been given in the case. A writ of mandamus was
only a command to hear, and not to decide.
Mr. BADDELEY—The king, by virtue of his pre-
rogative, had full power to call upon the Ecclesiastical
Courts to do right. It was clear that the commis-
sioners acting for the Archbishop at Bow Church had
mistaken the law, in refusing to hear the parties. It
was important for this Court to interfere by prohi-
bition in the case of excess of wrong ; and upon the
same principle the Court had the power of interfering
by mandamus in such a case as the present, where
there was a deficiency of justice on the part of the
commissioners. It had been argued upon the other
side that the Court could not interfere in matters of
ecclesiastical law. The present was not a case of
ecclesiastical law; it was a matter of statute law—
the construction of a statute—and it was fully com-
petent for the Court to interfere in such matters as
the interpretations of statutes. There was no doubt
that the Archbishop had a discretionary power. That
power was deducible from the Scripture itself. St.
Paul, in his epistle to Timothy, ch. iii , 2d and follow-
ing verses, and to Titus, ch. i., gave that power to
the bishop, and enjoined a careful inquiry into the
fitness of the persons to be ordained, and see that they
were not liable to any charge or imputation. The
canon of the Council of Nice, in the year 325, and of
Antioch in the year 375, of Laodicea in 372, the
Fourth Council of Carthage, in 387, and various
others, acknowledged this power, and threw upon the
bishop the duties of inquiry into the fitness of candi-
dates previous to their ordination by him. The
Learned Counsel having concluded reading the
authorities
.with respect to the rule of the canon law
in foreign countries, stated that he apprehended that
that was the rule received in this country, and he sub-
mitted that the arguments of his Learned Friend the
Attorney-General, that the canon law was to be consi-
dered in this country as foreign law was a total
mistake. In support of that propositic4 the
Learned Gentleman referred to the argu-
ments of the late Sir William Follett in the
House of Lords, in which that learned and
lamented counsel had stated that the canon law was
the law of England.
Lord DENMAN called the J:s.-erned Gentleman's
attention to the fact that in the case he was referring
to the late Lord Chief Justice Tindal, respecting
the judges in the House of Lords, had stated
that the canon law was not the law of England, un-
less it had been approved of and adopted in this
country.
Mr. BADDELEY then resumed his arguments, and
proceeded to cite authorities at some length on the
subject of the confirmation of bishops by the
archbishop, and the st:Autes before and after
the Reformation, in respect of it, and arguing
from them that it was clear that the
penalty of prwmunire would not result to the Arch-
bishop if he did not comply with the command of
his Sovereign, and the wishes of the Dean and
Chapter. All that was required of the Archbishop
was that, if he did confirm, he should do so judicially,
that was, receive any objections that might be
offered to the confirmation, and do all in his power
to afford full information of the quality of the party
whom he was called upon to confirm.
Mr. Justice ERLE wished to know whether there
was not a part of the history of this county in
which the King claimed the right to instal a bishop
without the confirmation of the archbishop ?
Mr. BADDELEY was not aware of the claim-
ing of any such right by the Sovereign of this
country. On the contrary, in the reign of Edward
the Third, and in that of subsequent monarchs,
statutes were passed for the purpose of ensuring the

rights of the Pope to confirm the appointn ten' t of
bishops.
The Learned Counsel not having conclud Ed his
arguments at half•past four o'clock, the I wither
consideration of the case was adjourned till to•n sorrow
morning at ten o'clock.

UNITED MEXICAN MINING ' AS-
SOCIATION.—(TIIIS DAY.)
The usual half-yearly general meeting of th e pro-
prietors of the United Mexican Mining Asso, iation
was held this afternoon at the offices, Flu sbury
Circus; Sir John Easthope in the chair.
The report represented the mines to have been
utterly unproductive owing to the disturbed st. lto of
Mexico, and the scarcity it hed caused in the s rticle
of quicksilver. The last difficulty, howev ei , had
been overcome, and there was now a pry aspect
of the mines being again brought into profita bl e em-
ployment. The balance-sheet showed an available
balance in London of 8,781/. 6s. 4d., and in Mexico of
72,4091. 6s. 4d., exclusive of bonds, &c. in thr. hands
of the Mexican agent, and claims upon the Z/lexican
Government. The balance in London co uld be
greatly augmented if remittances could be safely
made from Mexico, but the war rendered it d au gerous
to venture upon a transmission of species to this
country.
The report was unanimously adopted.

SALE OF RAILWAY SHARES BY
AUCTION.-(THIS DAY.)

At Messrs. Lamond and Co.'a sale this day a good
business was done. The following are a few of the
principal quotations:—
East Indian, Reg •£Ci 12 6
Royston and Ilitchin
North British, Thirds
South Yorkshire, Doncaster, and Goole 1 11 0
Taw Vale Extension and Dock .. . 010 0
Cornwall 1 5 0
Ambergate, Nottingham, and Boston 0 8 0
Newmarket and Chesterford..... , 14 0 0
South-Eastern and Dover, No. 4 , S 17 6
Reading, Guildford, and Reigate 7 14 0
South Staffordshire , 2 2 0
Buckinghamshire .... 7 15 0
Eastern Counties • ••• ........ ..•, 16 8 0
Shrewsbury and Birmingham (A)... ..... , 3 17 0

DEATH OF DR. JOSEP FI BELL,

OF EDINBURGH.

It is with sincere regret that we have to announce
the death of one of the most distinujished medical
practitioners in Edinburgh, Dr. Jose ph Bell. The
melancholy event took place in his bowie in George-
street, on the evening of Saturday lag t, about nine
o'clock. The cause was, we believe, typhus fever,
caught in the discharge of his professional duties.
Up to Wednesday the 12th, Dr. Bell w: as in the enjoy-
ment of his usual health ; on the fonowing day, he
was seized with illness, which contin,leci to increase
until he was cut off in the midst of his fame and his
usefulness. The present season, it has been remarked,
has been peculiarly severe on the members of the
medical faculty, several of whom have been attacked
by fever; but perhaps the heaviest blow they have
sustained is the loss of Dr. Joseph Bell. By the
public and the profession he was universally
esteemed. Few stood higher, or enjoyed a wider
reputation than he did. By his brethren he
was held in the greatest respe ct. The public
placed every confidence in his skill and abilities, as
was testified by his extensive prat Lice. By the poor
his death will be sincerely lamenited, for his charity
was unbounded. His professional eminence, com-
bined with the pleasing and gentle amiableness
of his character, endeared hira to a wide range
of friends, amongst whom his memory will long be
cherished. Dr. Bell had a sort of hereditary claim
to distinction in his profession. He was the youngest
son of the late Dr. Benjami n Bell, the Liston of
his day, one of the most celebrated operators and
practical surgeons that Scotland can boast of. His
mother was a daughter of Professor Hamilton, who
filled with distinction the (Jhair of Divinity in the
University of Edinburgh ; so that, by parentage, as
well as by professional eel ebrity and personal labours,
the name of Dr. Bell has loing been intimately
connected with the medical renown of the Scottish
metropolis. He was warmly attached to the Esta-
blished Church, of which he was an active member,
and, at the time of his death, an elder in St. George's
Church.—Edinbnro Advertiser.

THE MAIL PACKET SERVICE
BETWEEN ENGLAND AND FRANCE.

(From the Annotateur of Boulogne.)
We have already made a general exposé of the
steps that it would be requisite to take were a serious
wish entertained to make the transport of dispatches
through Boulogne as regular as the service will allow.
We are about, on the present occasion, to compare the
service of this port with that carried on by Calais,
and to show how much more favoured the latter is
than ourselves, by reason of the facilities which it
exclusively possesses.
If reference be made to the postal convention of the
23d of December last, published in the lllonileur of
the 27th, the following notice will appear :—" The
departure from London' will take place at sight
o'clock, P.M. ; the dispatches will be returned to the
Post- office at Boulogne at half-past two o'clock A.M."
And further on :—,' The departure from London will
take place at eleven A.m. ; the dispatches will be re-
turned to the post. office at Calais the same day at six
o'clock r.s." _ .

What strikes us at the first sight is the fact that
seven hours are allotted for the conveyance of letters
from London to Calais, whilst only six hours and a half
are granted for the passage from London to Boulogne ;
this is half an hour to our disadvantage, and yet the re-
verse ought to be the case, for every one is aware
that the passage from Dover to Calais is somewhat
shorter than that from Dover to Boulogne.
The departure for Boulogne takes place at night
throughout the year; whereas, at Calais, it takes
place during the day for three-fourths of the year—
another disadvantage.
The harbour service at Calais is performed by boats
expressly constructed for the purpose, and manned by
hands long accustomed to the operation. Our seamen
have no experience of this kind of service, and their
boats are wholly unfit for it—third disadvantage
We are assured that Mr. Hamilton, the English Vice-
Consul, has been ordered to England by the Admi-
ralty, with authority to choose and bring hither a
perfect boat. This is something, and we ought to
show ourselves grateful for the condescension of the
English Admiralty; for everybody knows that the
service often necessitates the employment of two
boats at once, and even a third in reserve, in case of
damage, &c.
At Calais the mails are commanded by officers of
the locality itself, whore an experience of twenty
years has rendered perfectly acquainted with the
soundings and currents, &c., and who certainly will
do all in their power to insure the success of the ser-
vice as far as in them lies. At Boulogne the officers
are English, whose capabilities are undoubted, whose
good will itself inspires us with every confidence, but
who, perfectly au fait of the peculiarities of the port
of Calais, are in no wise acquainted with ours; they
have here their apprenticeship to se:ve' and the con-
sequence is that a long time must still elapse before
they can lose, in thick foggy weather, that indecision
and that nervous anxiety inseparable from the position
in which they have been placed—e. fourth disadvan-
tage.
Whosoever will weigh all those unfavourable cir-
cumstances, and will, above all, reflect that as the
trains leave at a fixed hour, a delay of two minutes
is fatal, will be in nowise surprised if the mail service
has failed six times at Boulogne against four at
Calais. It is a certain fact that if our packet-boats
had been able to dispose of the surplus half hour
which those of Calais possess fur their passage, and if
their captains had been as much at home at our port
as they are in that of Calais, the five days just alluded
to would have been reduced to two (on the 9th and
18th January) ; and we ought to show what were the
causes of those delays, and to demonstrate that the
port of Boulogne had nothing to do with the matter.
On the 9th the packet was compelled to re-enter
the port in consequence of damages sustained by the
engines, so that another vessel had to get its steam
up and to take the mail. On the lath there was such
a tempest from the S.S.W. at Dover that no packet
could leave.

The Calais and Belgian mails were sent from
Ramsgate. We cannot repeat too often that the
harbour service, whatever our neighbours may say,
is as feasible at Boulogne as at Calais, provided it be
carried on with vessels expressly constructed for
the purpose, and manned by picked hands, paid
in proportion to the miserable hardships which they
will be called upon to undergo in bad weather.
It is also proper to notice another circumstance.
The letters from England rid Calais reach Paris at
five A.M., and are included in the first delivery, when
they are behind hand they leave by the four o'clock
train, and are distributed at noon; their delay is not
productive of any inconvenience. Those of Bou-
logne, on the contrary, ordinarily delivered at noon,
are sent off, if behindhand, by the half-past eleven
o'clock train, do not reach the capital till night, and
are not delivered till the next day—a delay which is
far more inconvenient, and gives rise to loud com-
plaints.
must also say, that in the recriminations pub-
lished in the newspapers the port of Boulogne is often
blamed for delays of which it is entirely innocent.
Thus, the National announced some time ago the
delay of two letters dispatched from London on the
6th of January. The first, posted in the morning,
was not delivered in Paris until Saturday towards
noon. The second, dropped into the box on Thurs-
day evening, only reached its destination on Sur.day
morning, 48 (read 60) hours after its deposit in the
letter-box.

Now, the first of the these letters passed through
Calais, the second through Boulogne, and although
the Calais mail of Thursday, the 6th of January,
in the evening, and that of Boulogne of Friday, the
7th of January, in the morning, were both behind-
hand, and missed their respective trains, they left by
the following trains, and were delivered in Paris on
Friday at noon and the same day in the evening. If,
therefore, the letters in question had not been delayed
by some negligence, either in the Post office of
London or Paris, they
must evidently have been de-
livered 94 hours sooner than they were.
We shall conclude by correcting an assertion in the
Industriel de Calais totally destitute of truth. That
print has not blushed to inform its readers that the
port of Boulogne, having a rocky bottom, cannot be
deepened so as to permit the entrance.ef the packets at
all times of the tide.
The Industriel Calaisien knows perfectly well that
there is no rock whatever, but only sand, in that part
of the port which would be excavated for the purpose
of rendering it " mediterranean."

cssnittoooenrnitneeedb. wers ,
DOINGS IN BRISTOL.
In order to advance the restoration of the beautiful
church of St. Mary Itedeliffe, Bristol, some of the
more earnest minds in that city have associated them-
selves under the title of the "Canynge Society," and
held their first meeting on the 3d instant. An annual
dinner, whereat the amount subscribed during the
year is to be declared, and a portion of the building
selected for restoration, forms part of the plan. A
subscription of not less than 21s. annually constitutes
a member. Mr. J. K. Haberfield, whose name has
been long associated with good works in Bristol, is
the first president; and the mayor, the vicar of the
parish, the chamberlain, and various members of the
corporation are on the committee. The idea is due
to Mr. Thomas Proctor, who has devoted himself for
some years past to obtain the restoration of the church
in question, which, as the address of the Canynge
Society truly sets forth, " is one of the most beautiful
of associations, both literary and historical." The
examples remeaainninsegarcely
new society of mediaeval art, and a store house
materially, but it seems to us quite extraordinary
fail to advance this object
that such a step should be necessary in a city like
Bristol, full of wealthy men. She Exchange, one of
We mentioned some time ago, that parties
m
the best works of John Wood, of Bath is to be re-
plated a renewal of the paint with which the
of the town council, opposed to such a
proceeding, called in Mr.
all§ of the quadrangle
are covered. Some
God win, the architect, for an
and in making hie report, alluded
to faced
de
opinion, who advised that the .walls should be fresh
This
,appears to have had some effect, for
tenders have just now been sent in for restoring,
stone by stone, a considerable portion of the building,
f
under the town surveyor. The Exchange affords a
sad instance of the insubstantial nature of Bath stone.
with the
of the
building, and it, miserable state
of decay.
Although but one hundred years old: (it was com-
menced in 1740, and opened September 21st, 1743),
it is • g literary
going all to pieces. It is to be hoped
be
that some other stone will used in the restoration.
—Builder.

MELANCHOLY ACCIDENT.-0, Saturday evening
last, the 15th instant, an inquest was held at the Foun-
tain
opposite the
Mrs. Be,alosn, blehfeoreboldNy'illoiat ma
, a fruit seller, a
It appears Treleaven and two other
ntaaitniTlennof, l'aenlmryonti.th, kept by
poorGn
yr
oem ne
woman
Eowms
were
ne, csbOiytrtOitnntgeerinnta.omtrhetehoefsbtrToererostusi
above inn, with their baskets of apples, when a strange
was accosted
by Treleaven, and asked if he wanted apples. A bar-
man, apparently a sailor, who was passing,
gain was struck for what she had in her „basket—she
was desifed to follow him into the inn, which she did,
and was followed by her two female companions. Soon
after entering the room . half pint of shrub was ordered,
inone)
of.
which was followed by a second half-pint. The man, in
paye pocket-pistols,
for what had
ben searching
rn
i hissh ei pockets
toier,
dd
which he placed on the table without saying they were
char4ed. The woman they
took up one of them in
efu (,took
out for a
brace
her i;and, observing to the man and to her female com-
panions, that it was a pretty plaything for her children,
and she should like it. The man ob.,erved that he could
not part with them, he had bought them for his own
children. At this moment the pistol held in Treleaven a
hand exploded. The ball it contained passed through
her cheek, taking a direction through the roof of the
mouth, and lodged in the skull. She at one. fell a
lifeless corpse without a struggle. The poor woman
has left a husband and foar small children to lastent
their logs.

IRELAND.
ATTEMPT TO MURDER.
DUBLIN, JAN. 24.—Two farmers, named John
Sullivan and Michael Connors, were stopped last week
by three men armed with guns and pistols, in the
barony of Cothmore, in the county of Waterford, and
who demanded money. On being refused, one of
the party fired at and slightly wounded Sullivan. A
reward of 60/. has been offered for the arrest of the
villains.

SUSPECTED MURDERS BY POISON.
A paragraph from the Boyle Gazette, announced
the death, under suspicious circumstances, of the
brother and sister-in-law of the late Rev. Thos. Ma-
guire, the celebrated controversialist, and also stating
that there were grounds for believing that the rev.
gentleman had been himself the victim of foul play in
some quarter. The stomachs of the brothers were
forwarded to Dublin for medical examination, and
this day Dr. Brady, after a careful analyzation, dis-
covered a quantity of arsenic in the stomachs, quite
sufficient to cause death. The demise of Mrs. Ma-
guire following so close upon that of her husband,
the inference is that she, too, did not die from natural
causes. Suspicion has fallen upon a female domestic
who resided for fourteen years with the Rev. Mr.
Maguire, and who, it is said, expected upon his death
to be put in possession of some property which he
held, but which he subsequently willed to his brother
and family. It is supposed that the rev. gentleman
partook of the poison by accident.
REPEAL ASSOCIATION.

The usual meeting of this body was held to-day at
Conciliation Ilall, Burgh. quay, and was numerously
attended ; Mr. Jeremiah Dunne, Lord Mayor of
Dublin, in the chair.

The CuAlaatAx requested Mr. J. O'Connell to read
a letter he had received from him on the subject of
the omission of the late Mr. O'Connell's name at the
recent civic banquet, in which he stated that the cir-
cumstance occurred quite unintentionally on his part.
Mr. O'CoNiszu. then read the letter referred to,
and on behalf of the association, accepted the Apology
offered by his Lordship.
Mr. J. O'CONNELL next read en extremely long
communication from the Right Rev. Dr. O'Higgins,
enclosing 411. from the diocese of Ardagh.

The letter was then inserted on the minutes and a
vote of thanks passed to the writer.
Several sums of money were then handed in ;
amongst others, 31. from the Right Rev. Dr. Blake,
Roman Catholic Bishop of Dromore, and 51. 10:. per
the Rev. John Kelly, Kells ; 41. 10s. per the Rev. E.
Costigan, Lusk ; 51. per the Rev. R. Kelly, Roman
Catholic curate, Dunboyne, which the rev. writer
designated " the Shrewsbury repeal rent."
Th• rent for the past week will be something more
than 107/.

IRISH SPECIAL COMMISSION.
LIMERICK, JAL 22, SATURDAY NIGHT.

Shortly after the transmission of the dispatch by this
afternoon's pest, the fearful ceremony of passing sen-
tence of death upon the three men, Skeehan, Quaine,
and Howard, was completed. The two former
affirmed their innocence in so many words. Howard,
on being asked whether he had anything to say, said,
" I am innocent of this charge, and many in my
country know that I am ; I am as innocent as the
child unborn; many of my clergy know it. However,
I have nothing to gain or lose by what I say. I
forgive those who prosecuted me. I did not know
them. I could not identify any of them yesterday ; and
if I got my liberation at this moment, I could not
identify Hourigan's house unless it was pointed
out to me. The boy that stood there (pointing
to the table) yesterday swore against me; he had
my description learnt befcre I was arrested. I have
reason to understand it was combined against me.
He knew there was a reward. He learnt I had moles
on my face. That was the reason he was able to
identify me. It was so plain to the world the minute
he turned round and said, he had moles on his eheek.'
Let any one give me a description of a man that he had
moles on his cheek, and I would identify him. I hope,
my Lords, by your mercy, and the mercy of Almighty
God, you will take my case into your serious consi-
deration—for it deserves it. lam innocent, but lam
satisfied to die. lam not afraid to appear before my
God, for I never killed any man. I lived ten miles
from Hourigan's. lamas u ell pleased to die as any-
thing else if it is the will of Almighty God to inspire
your hearts with it. I shall have a better master than
any master in this world, and I am not afraid to ap-
pear before Him."
The men were left for execution on the 22d of
February next.
An idea prevails amongst the lower orders that
unless theirs is the hand by which the fatal shot is
fired or fatal blow is struck, they are not guilty of
the murder. It is said to be true that neither
Skeehan nor Quaine fited the shot by which Hill was
murdered, and that Howard's was not the actual hand
by which th. Hourigaria were killed, and upon that
round they persisted in their innocence. The evi-
dence, however, upon their respective trials estab-
lished beyond a possibility of doubt that they were
parties present at, and participating in, the outrages
which resulted in the murders of these persons.
Howard has the reputation of being one of the worst
characters in the neighbourhood of his residence,
and it is reported that last year, during the opera-
tions of the Beard of Works, he, by his threats of
revenge, compelled the superintendent officer to keep
his name on the books, and to ply him the usual
amount of wages, though he performed no labour in
return.

On the prisoners being removed,
The ATTORNRY-GENERAL, addressing their Lord-
ships, said, that as Monday was fixed for opening the
commission at Clonmel, it was impossible for them
at that time to proceed further in the arduous duties
in which they had been engaged in this and the ad-
joining county of Clare. The very dreadful exam-
ples they had witnessed dui ing those three weeks
would, he hoped, prove to the unfortunate, infatuated
people of the two:counties, who had been engaged in
crime, that it was utterly impossible for them to
escape withimpunity. After the scene they had just
witnessed, it was unnecessary he should refer to them
at greater length. The number of capital convic-
tions that had taken place, and which must be carried
into execution, and the number of persons who were
now bidding adieu for ever to all they held dear in
this country—if these examples had no effect upon
those who were engaged in a course of crime, it would
be impossible that anything he could say would more
impress them with the danger in which they stood.
After complimenting the jurors on the manner in
which they had discharged their duties, he said he
hoped that it would be unnecessary to resume the
proceedings under the commission, but he would
suggest to their Lordships that, in case it should be
necessary, the Commission should be adjourned until
Thursday, the 10th of February next.
The LORD Cuter JUSTICE said the proceedings
under the Commission were entirely under the regu-
lation of the Government, and he and his Learned
Brother, therefore, had no hesitation in complying
with the application of the Attorney-General. It
only remained fur him to say that he entirely con-
curred in his observations on the attendance and
conduct of the jurors. The country owed them a
debt of gratitude, for never, in his (the Lord Chief
Justice's) opinion, had he seen jurors discharge
their duty with more firmness, patience, or con-
scientiousness.

LITERATURE.
TILE ANGELIC YOUTH SAINT ALOYSIUS
OF GONZAGA. Translated from the Italian of
Father Pasquale de Mattel. By H. S. a the Princess
Maria Elisa di Gonzoga-Mantua, Princess of Castig-
lione, _

A volume of Roman Catholic devotions, written for
the use of Roman Catholics, and illustrative of the
life and writings of a Roman Catholic saint—we are
induced to notice this publication, as it appears to us
to be a very singular historical curiosity. The book
is an exact and graceful translation from the original
of the Padre hlattei, by the Princess of H. S. H.
Alexander, Prince di Gonzaga-Mantua, &c. &c., the
last descendant of the ancient and illustrious family of
which Aloysius was a member. The existence of this
celebrated religious of the Papal Church appears to
have been of itself a miracle of asceticism. Born on
the 9th of March, 15G8, in the Castle of Castiglione
—the son of Ferdinand Gonzaga, Prince of the Holy
Enipire and Marquis of Castiglione, and of Martha
Tana Santena, daughter of Tanus Santena, Lord of
Cherry in Piedmont—Aloysius seems to have aban-
doned himself to a series of austerities which only
terminated sith his death, on the 21st of June, 1591,
shortly after h. had completed his twenty-third an-
niversary. Before then he had long practised as a
disciple of Ignatius. His career is so extraordinary
that it is considered by his co-religionists as an evi-
dence of his sanctity, while it is viewed by
others as nothing less than the consequence of an
unparalleled fanaticism. Of the character of the
religious sentiments of Gonzaga we may obtain some
conception by gleaning the following as among the
more remarkable of his maxims :
" Let him who falls into sin, however trifling, have
recourse immediately to God, and entreat for pardon."
—p. 21.
"The strength of a Christian proceeds from the holy
fear of God ; for he who fears God has nought else to
lear."—p. 38.
"As water when ruffled or agitated by the winds
cannot represent the image of objects ; so the mind
which is obscured by defects or agitated by passions, is
incapable of expressing in prayer the images of celestial
objects."—p. 49.
" No one ought to esteem his neighbour worse than
himself, but rather, if possible, put a good construction
upon all his actions."—p. 60.
"He who desires to love God does not love him truly,
unless he has a continual thirst to suffer for him every
sort of afiliction."—p. 70.

The volume before
us contains devotions for what is
called a plenary indulgence, and others for a novena,
the latter being suggested by the reflections penned
by Cardinal Bellarmine. In the present translation,
which is written in the purest idiom of our
language, there is a peculiar interest, seeing
that it is the effusion of the wife of the living.
representative of the Gonzagas—a Prince whose
rights have been acknowledged by Napoleon and
Pius, and who, when only fourteen years of age, re-
ceived on the field of battle the decoration of the
Legion of Honour from the hands of the great Em-
peror and King. This interest, arising from his posi-
tion, is enhanced by his misfortunes. The work
under consideration is dedicated to Pius IX. in these
words—words as earnest and dictated in a more ge-
nerous and gentle spirit than those employed by
Walter Savage Landor in his dedication of his
" Hellenics" to the same Pontiff:—

" Most Venerable and August Pontiff, your Holiness
having, in the private audience with which you honoured
my husband, Prince Alexander di Gonxaga, deigned to
accept the homage of my English translation of the
Devotion to St. Aloysius di Gonzaga,' and benignantly
pronounced these words, This work would do much good
in England allow me to offer my most grateful ac-
knowledgments for the favour your Holiness has thus
conferred upon my undertaking. I feel assured that this
record of the above words, pronounced by the successor
of St. Peter, and by the Wisest, Greatest, and most Be-
loved of all earthly Sovereigns, will impress upon the
minds of my fellow-Christians the spiritual advantages
they may derive from the more intimate study of the
miracles and virtues of the great saint whose name I
have the honour to bear. Of your Holiness, the most
devoted and attached child in Christ, Princess Maria
Elisa di Gonxaga-Mantua."
We doubt not the book will be examined with
particular attention by the Roman Catholics of
England.

PRACTICAL ILLUSTRATIONS OF THE
NECESSITY OF ASCERTAINING THE
DEVIATIONS OF THE COMPASS. By
Captain E. J. Johnson, R.N. Barclay.
This valuable and important work is the result of
the observations, inquiries, and researches, of Cap-
tain Johnson, the Superintendent of the Compass
Department of the Royal Navy; and it is published
under the sanction of the Admiralty. Its object is
to illustrate the necessity which exists for ascertain-
ing the deviations of the compass on board all ships ;
and when we inform our readers than the annual
average number of wrecks of British ships is about
547, and that at least ninety-nine out of every hun-
dred vessels are navigated across the seas by persons
' who have no knowledge of the deviations of the com-
pass, it will be evident that such a work as the one now
before us is a boon of inestimable value to the nauti-
cal world. The deviation of the compass is quite
independent of the variation : the latter is tolerably
well understood by all seamen, and is properly al-
lowed for in the science of navigation ; but the
former is nothing more nor less than the error of the
compass, and to calculate the extent and influence of
which is a matter of great difficulty, inasmuch as in
some vessels the amount of deviation is small, while
in others it is so large as to be quite sufficient to cause
the loss of a ship even during a short run. Thus it
is clear that the deviation in one vessel is not a guide
to its amount in another ; and there is no other
remedy but ascertaining this precise amount by
direct experiment in each ship. For this purpose
Captain Johnson has laid down a set of " Practical
Rules," which are appended to the work now under
notice. We have stated that the deviation is the
error of the compass ; and from the causes of this
deviation it will be apparent that iron vessels, espe-
cially steamers, incur incalculable perils so long as
the amount of deviation remains unascertained. For
the deviation of the compass is mainly caused by the li
influence of the ship's iron upon the magnetic
needle, according to the direction of the
ship's head; although minor causes of deviation
may be found in the reciprocal action of com-
passes upon each, other when the binnacles are placed
too closely together—as well as in the imperfection
of the compasses themselves, or rough usage, and in-
attention to the occasional examination of the pivots,
caps, needles, &c. Now every one—be he the veriest
landsman that never saw the sea—knows that in
directing a ship's course allowances are made for
leeway, the set of the tides or currents, and for the
variation of the compass ; but it is by no means so usual
to find that any allowance is made at all for deviation.
We frequently read of ships being wrecked upon a
coast, a rock, a sand, or a shoal, from which, accord-
ing to the " lead, log, and look-out," they calculated
at the moment of the disaster they were fifteen or
twenty miles distant; and then it is wondered how
the misfortune could possibly have occurred. The
wreck of the Apollo frigate and forty of her convoy
on the coast of Portugal, in 1803, was the subject of
profound marvel in the nautical world at the time,
seeing that the charts were accurate, the calculattons
nicely made, and the usual precautions of navigation
duly adopted. A similar sensation of wonder was
excited when three of our finest line-of-battle ships
were wrecked on the coasts of Jutland and
Holland in 1811 ; and in thousands of other
instances the surprise has been as great, and
the mystery has appeared as impenetrable.
But the lucid demonstrations of Captain Johnson
have at length dispelled that mystery ; and it is plain
and evident that while all the usual precautions of
the art of navigation were adopted in the cases alluded
to, the one grand calculation was omitted—the de-
viation, or error, of the compass was unthought of !
We will suppose a vessel to be steering up the
Channel in the night; it would endeavour to pass
midway between the Portland Lights, on the English
coast, and Cape La Hogue, on the French coast. hi
this case it would leave all the perils of the Channel
Islands and the Gaskett Rocks on the right. But an
error of half a point in her compass—that is to say,
the deviation—in a long run, would carry her into
the very dangers which she was endeavouring to
avoid. Again, the distance between Dungeness
Light and the Light on Cape Griznea (France) is
twenty-three miles. The Reliance, East Indiaman,
was lost on the French coast in 1842, by taking a
wrong course through the deviation of the compass,
and which led her to mistake the French
for the English Light. But if the deviation can
be so great in wooden ships, how much more
must the magnetic needle be influenced by the huge
masses of iron employed in the construction of steam-
ships and their machinery. This consideration may
naturally revive the question of how the Great Britain
came to be wrecked ; for the error of the compass
frequently induces a course which will place signal
lights in such a position with regard to the ship as to
engender the most fatal mistakes. Thus, in 1842,
Captain King, of H.M.S. Alban, informed Captain
Johnson that on one occasion, when leaving the Longo
ships Light (on the Cornwall coast), he steered th
Tn
for sixteen miles, and then north by east for the u. at
lighthouse (on the Irish coast) ; but when this weather,e
h
which had been very thick, cleared up, .to surprise
he found himself in a most dangerous situation on the
Welsh coast In this instance all the usual rules
and practices of seamanship were fully adhered to;
but it was the deviation of the compass, for which no
calculation had been made, that led to the adoption of
a course so far astray, and so perilously
wrong.
a The Ethalion," says Captain John-
SOD, quoting another instance, " ran upon a shoal
in the Gulf of Finland when steering, as the captain
and master supposed, in the fair- way between two
shoals, according to the bearing of a point of land
given in the sailing directions, as leading clear of
them. The point of land did actually bear as di-

rested; but then it was the bearing taken with the
Ethalion's compass, which was found afterwards to
have been attracted by some bars of iron under the
quarter-deck." And here we must observe, that as
the deviation in one vessel is not a guide to its amount
in another, neither is it a guide to the direction of
such deviation. This remark most especially applies
to steam-vessels; for, " supposing the deviations of
the compass in steamers to be represented by curves,
they are much more abrupt in some vessels than in
others ; appearing as if they were produced, not
solely by the effect of cast-iron, such as the guns, nor
by the rolled iron of the great funnel; but also by mal-
leable iron, probably polarized, such as portions of the
.machinery, boats' iron davits, &c., and possibly by
soft iron in certain positions." The grand conclusion,
therefore, to which Captain Johnson comes is, " that
nothing but actual observation in each vessel can he
relied upon for practical purposes." The captain gives
us a table, showing the deviations of the compass, as
ascertained by actual observation, on board fifteen of
her Majesty's steam-vessels; another table, showing
the deviations on board as many ships of war of dif-
ferent rates ; and several other tables, all illustrating
his arguments and corroborating his opinions. Many
of the results ascertained by Captain Johnson were
derived from experiments made by swinging several
of her Majesty's ships in the waters in front of Ingress
Abbey, at Greenhithe; and every test which his
imagination could devise, or which circumstances
suggested, tended to confirm all his preconceived
views relative to the paramount necessity of arriving
at the deviations of the compass in every ship upon
the earth's wide waters. Ansi it is because we our-
selves are struck by the immense importance of the
1 subject thus scientifically and logically brought for-
, ward, that we have treated the matter at such length,
and in a way which, we hope, will be completely in-
telligible to the public generally.