The Sun.
London, England, 1846-08-20 00:00:00

WILLS.

The Right Hon. Lady ELIZABETH PERCEVAL, of Odell
Castle, Bedfordshire, had made her will as far back as
the year 1803, and lived to the age of eighty-three, with-
out having altered the same, saving a few legacies and
directions by codicils. With this exception she leaves
the whole of her property to her sister the Right Hon.
Lady Margaret Walpole and her children, subject to her
direction and appointment, and to whom the administra-
tion of her effects were granted. The executors ap-
pointed in the will being her brothers, the Right Hon.
Charles George Lord Arden, and the Right Hon. Spen-
cer Perceval, both having pre-deceased her Ladyship.
The amount of her personal property is stated at 6,0001.
DOWAGER COUNTESS OF SCARBOROUGH.—The Right
Honourable Henrietta, Dowager Countess of Scarbo-
rough, by her will, executed in June, 1837, has left to
Richard George Lumley, Esq., of Tickhill Castle, Baw-
try, Yorkshire, all her property, both real and personal,
subject to the payment of any legacies which might be
specified in a codicil or memorandum signed by her, and
appointed him the sole executor, to whom probate was
granted on the sth of August, by motion and decree of
the Court. The personal estate was valued at 100,0001.
Ihe Countess died at the advanced age of eighty.
Within two months after executing her will, her Lady-
ship made several codicils, being lists of legacies ; these
were written consecutively on one sheet of letter paper,
commencing with the date 19th of August, 1837, and
each signed by her ; most of the bequests therein stated,
amounting altogether to 17,0001., her Ladyship appears
to have afterwards paid to the parties at various periods
during her lifetime, and has erased their names, placing
opposite to each the word "paid," and the date. Her
Ladyship had also made a further codicil in May, 1844,
sod attached her signature, in which there are eight
legacies of 1,000/. each, and four of 500/. each, but these
intended bequests, amounting to 10,0001., are invalidated
for want of attesting witnesses.
ADMIRAL OTWA Y.—Sir Robert Waller Otway, Bart.,
(4.C.8., an Admiral in her Majesty's Navy, died
p vssesied of personal property amounting to 60,0001.
lie had executed his will in 1842, and has made ample
provision for his relict, Lady Clementine Otway, ap-
pointing her residuary legatee for lite, and then the
-time to be divided equally among all the children, to
acit of whom he has left a legacy of 2,0001. He has also
left his lady the residence at Hyde Park-gardens, with
the furniture and plate, carriages and horses, but subject
to the payment of 3001. a-year to such son or grandson.
as shall inherit the baronetcy. To his brother, the Rev.
S. J. Otway, and General Sir Loftus Otway, he leaves a
pecuniary legacy to each as a token of affection, and
specific bequests to others of his family. Leaves 50/. to
he distributed among ten poor deserving persons on the
Castle Otway Estate in Ireland. The acting executors
sire Sir George Graham Otway, Bart., the son, and
Francis L. Beckford, Esq. Lady Clementina Otway, the
relict, having a power reserved to prove hereafter. Sir
Robert was Groom in Waiting to her Majesty.
General Sir EVAN LLOYD, Colonel-in-Chief of the 7th
Dragoon-Gunads, late of Ferney Hall, Shropshire, had,
.ns his marriage with the Right Hon. Alicia, Lady
Trimlestown, settled 22,0001. on her ladyship and their
issue, and having provided for his two daughters on their
marriage. viz., his daughter Alicia, now Mrs. Oakeley,
Ind his daughter Louisa, now Lady Dixie, he leaves to
his son, Evan Lloyd, Esq., subject to her ladyship's life
interest therein, the whole surplus of the trust moneys
invested in the Bank of Ireland, also the freehold and
leasehold estates, lands, and hereditsments, farming
stock, Sce., and his personal estates in England, valued
at 5,0001. To her ladyship he leaves, for her own ab-
solute use, all the furniture, plate, books, pictures, car-
riages and horses, and has appointed his son sole exe-
cutor. This gallant officer died at the age of seventy-
-ight, and has been sixty-six years in the service, thirty-
two of which was in the 17th Light Dragoons, in which
regiment he entered when twelve years of age.
The late Lieut.-General Sir CHARLES PHILLIP,., of
her Majesty's army, Knight Grand Cross of the Royal
Neapolitan Order of St. Januarius, has devised his
freehold messuage and lands at Linwood Lyndhurst, in
the New Forest, and all other his real estate to trustees,
to permit Lady Phillips to occupy the mansion for life,
or, if judged more convenient, the trustees are empow-
ered to sell the estates, the surplus funds arising there-
from to be deemed part of his residuary personal estate,
Ind to be invested on good security, the dividends, in-
terest, and annual proceeds to be applied for her own
Ise, and after her decease to assign and transfer the
principal to such of his nieces, the daughters of his late
sister, Mrs. Emily Bignell, as shall be living and un-
married. Leaves to Lady Phillips, the carriages, horses.
ind household stores absolutely, and the use of all fur-
niture, pictures, books, plate, and other effects in and
shout the mansion. The acting executors are his re-
lict Lady Phillips, and her brother, Frederick Leman
Rogers, Esq., a power being reserved to the deceased's
brother, %V. E. Phillips, Esq. This distinguished offi-
cer had served his country, for upwards of half a cen-
tury, in the West Indies, Egypt, Genoa, Sicily, and
Malta, where he was for some years Deputy Quarter-
master-General.
Sir JOHN SAUNDERS SEBRICHT, Bart., late of Beech-
mood park; Hertford, has directed his executors and
trustees, within three months after his decease to invest
2,0001. in their names, or of tru,tees to be nominated
by his son and the officiating minister of Flamstead, to
be held and applied as a perpetual endowment for a na-
,ional schoolhouse and school, lately erected by him at
what place for the support of teachers, and the education
of the children of the poor in that neighbourhood, in
the principles of the Established Church. Has left
legacies to all his servants, and annuities to the follow-
ing :—to his gamekeeper, his butler, his late groom, and
to widow Wilson, 50/. a year to each. Bequeaths to his
son, Sir Thomas Gage Saunders Sebright, Bart., the fur-
niture, plate, books, pictures, horses, cattle, and farm-
stock, at and about the park and mansion at Beech-
wood, together with the estate called Seddesley Woods,
in Worcestershire, and all other lands and tenements;
and to his daughter Frances, 7,000/., to be a charge upon
his estates at Worcester and Salop. Leaves the residue
of his personal estate in trust for his daughters and their
issue, in certain portions and under certain provisions,
on-failure, for the children of his son Sir Thomas or the
right heirs. The personal property was estimated at
90,000/. The executors are Sir Thomas G. S. Sebright,
Bart., the son, and his nephew, the Rev. N. R. Calvert,
, Hector of Hunsdon, Herts. The venerable baronet was

in his 79th year, and made his will in January last,
being three months before his death. He was Deputy-
Lieutenant for the county of Harts, which shire he had
represented for nearly thirty years.
The late WM. TYRINGHAM PRAED, Esq., M.P. for
St. Ives, Banker, London, of St James's-place, West-
minster, and Trevethow, Cornwall, has devised the
whole of his freehold property to his sister, Mrs. Eliza-
beth Hoare, wife of Richard Hoare, Esq., and at her
decease upon certain special trusts ; he leaves her the
house at St. James's-place, with the furniture (except
certain pictures), and the carriages, horses, &c. Be-
queaths all the furniture, plate, and other effects, at his
mansion, at Trevethow, to Charles Tyringham Freed,
jun. His shares in the_ Grand
_Junction and Grand

Union Canal Companies he has bequeathed in certain
portions, and has left several pecuniary legacic,s,
and to each of the clerks in his banking house
nineteen guineas, and to each of the porters 104
and to his own servants mourning, and one or two
years' wages, according to service. He directs 1,0001. to
he applied to charitable purposes, in sums of not less than
50/. nor more than 100 L,
in En;
Eng landtobod a
divided
thedae tomeoxnegesutsruschshianli
in-
stitutions or societies
think proper. Gives to the Rector of Lelant, Cornwall,
tool, to be distributed amongst the poor of that parish.
Leaves 1001. to the Cornwall County Infirmary, and 1007.
to the Bucks County Infirmary, at Aylesbury. The
residue of his personal estate to be divided equally
between his nephews and niece—Ellen, William, and
Edward, the children of his sister,-Mrs. Whinfield. His
nersonal property, liable to duty, was estimated at
45,0001. He appointed as his executors his partners,
Vere Fane, B. J. M. Praed, and P. Johnston, Esqs.
llis death occurred on the Sth of July last, aged sixty-
five, and he made his will on the Gth of March previous.
THOMAS BUNBURY, Esq., late one of the representa-
tives for the county of Carlow, of Lisnevagh and Moyle,
in Ireland, has left all his real, freehold and copyhold,
and leasehold estates, to his brother, Kane Banbury,
Esq., for life, and after his decease to his nephew,
William Banbury APClintock, and his heirs, for ever,
upon the condition that he shall apply for the necessary
license under her Majesty's sign manual to use and bear
the surname and arms of Bunbury; and bequeaths tiJ his
brother, for his own absolute use, the furniture, hooks,
;arming stock and implements, and other effects at Moyle,
the plate for his life only, and then to his nephew, John
M'Clintock, absolutely, to whom he leaves all his furni-
ture and effects at Bath, and at the St James's Hotel,
and also bequeaths to his nephew, John M'Ciintoch,
legacy of 50,000/, sterling, and 10,0001. Irish currency,
,;ecur,l on mortgage; and to his said nephew, William
B. M'Clintock (to whom he leaves the reversion of his
real estates) a legacy of 30,0001. To his cousin, Thomas
Bunbury, 2,000/. To Mrs. C. Elmore an annuity of
40/., or a sum equivalent, and an immediate bequest of
.001. A few other legacies, including his bailiff and
household servants'; and hopes that his brother Kane, on
his succeeding to Moyle, will follow his example and
give to each of the labourers and others employed on
the estate a suit of clothes, as he had done when he
took possession. All legacies to be free of duty. The
residue of his personal estate he leaves in trust, to
pay the interest, dividends, and annual proceeds to his
brother Kane for life, and at his demise to divide the
said residue into three parts, giving two-thirds to his said
nephew, W. B. M'Clintock, and the remaining third to
his said nephew, John M'Clintock, absolutely. The exe-
cutors are his two nephews, W. B. M'Clintock, Esq.., of
Manor House, Highgate, near Cloves. Fermanagh, and
John M'Clintock, Esq., of Dromaskiu House, near Clads
Bellingham, Louth, and William Elliott, Esq., of Har-
court.street, Dublin. The personal estate in England
and within the province of Canterbury was estimated for
probate duty at 180,000/., which is exclusive of the, value
of the real estates and other effects in Ireland. The de-
ceased died at the age of 71, and executed his will only
two days before his death.—Post.

HOUSE OF LORDS.

PROTEST AGAINST THE THIRD READING OF TH
SCOTTISH JOINT-STOCK BANKS BILL.

DISSENTIEXT-

Ist. Because the Bill is inconsistent with those free and
liberal principles of trade by which her Majesty's Ministers
are understood to be governed, inasmuch as, under the pre-
tence of removing a monopoly disadvantageou3 to the public,
it covers the monopoly with a protection that fixes it more
• firmly than ever. While it professes to open the door to an
equal dispensation of chartered privileges to all Scottish
banks that may petition for them, it bars it, at the same
time, against any bank but such as may choose to submit
to vexatious conditions, calculated to create •in the public
mind individious distinctions between them and the old
chartered banks, which by this Bill are to be exempt from
such conditions.
2d. Because the legislative interference with the manage-
ment of joint-stock companies, which this Bill provides, is
erroneous in principle ; but, even if it were sound, the incon-
sistency of its application is conspicuous, as it imposes rigid
rules and restrictions on one class of banks, whose consti-
tution and unlimited responsibility offer to the public the
most perfect security, while it exempts from all such inter-
ference another class of banks, less securely constituted, and
in which the probabilities of mismanagement are as great,
if not greater.
3d. Because the confining of certain privileges to one class
of banks in Edinburgh, while the banks in other large towns
are, by this Bill, to he debarred from the attainment of such
privileges on equal terms with their competitors, is disadvan-
tageous to the public ; for the exclusive privilege of re-
ceiving deposits of public money, trust funds, railway de-
posits, &c., greatly increases the trading power of the char-
tered establishments, and the large sums which are thus di-
rected to these banks, in place of being -permitted to flow in
their natural channels, enables them to change the rate of
discount when the existing state of commercial affairs does
not warrant such a step, and the relations depending between
other banks and the public are thus liable to be disturbed,
and speculation encouraged.

4th. Because the Bill—takes away all discretionary power
of granting charters of incorporation to banks founded on
such equitable principles as circumstances may at the
time suggest, and as was done in the case of the Commer-
cial and of the National Banks of Scotland, and because it
limits the power of her Majesty to the granting of charters
according to the specific provisions of this Bill only ; that is,
upon terms and conditions which no bank in Scotland is
likely to accept. Consequently this Bill, if passed into a
law, will become an act for no apparent object of public ad-
vantage, but in reality an act for preserving to the five
chartered banks of Edinburgh their existing monopoly.
RADNOR.

PARLIAMENTARY BUSINESS.
(From the Votes and Proceedings of the Rouse of Comma
WEDNESDAY, AUG. 18. _ _

Messengers from the Lords brought up the following Bills,
to which their Lordships have agreed :
Court of Common Pleas Bill—Sugar Duties (No. 3) Bill—
Militia Pay Bill—Forms (Assessed Taxes) Bill—Naval
Medical Supplemental Fund Society Bill, without amend-
ment—Amendments to Booth's Charities (Clowes') Estate
Bill—Duke of Cleveland's Estate (Bathgate and IVrington)
Bill, without amendment—Caledonian Railway (Clydesdale
Junction Railway Deviations) Bill, with an amendment—
Taff Vale Railway—Allhallows (Northampton) Tithes Bill
—Glasgow and Belfast Union Railway Bill—Poor Removal
Bill-Metropolitan Sewage Manure Company Bill—Sion
College Bill—East and West India Docks and Birmingham
Junction Railway Bill—London and South- Western Rail-
way (London-bridge Extension) Bill, with amendments.

DEATH OF SIR C. WETHERELL.
This venerable and much celebrated lawyer, whose name
has been rendered familiar to our readers by his providential
escape from the Bristol rioters, his determined opposition to
the Reform Bill, and other measures, and by his connexion
with the Government on the occasion of the prosecution of
Thistlewood and his associates, expired at half-past five
o'clock on Monday evening, at Preston Rectory, Maidstone,
from the effects of the melancholy accident, the particulars
of which have already been recorded in this paper. He
breathed his last in the presence of his nephew, Mr. Nathan
Wetherell, barrister, Mr. Peach (his clerk), &c. &c., being
for some time previous, indeed we might add from the mo-
ment of the accident, quite unconscious of all that was pass-
ing around.
Yesterday morning the melancholy_ news was conveyed to
Lady Wetherell, the Hon. Mrs. Warneford, her mother,
Archdeacon Wetherell, the Rev. W. Wetherell, the brothers
of the deceased, Mr. Richard Spooner, M.P., who is married
to a sister of the deceased, and to the family mansion, 34,
Berkeley-square.
Lady Wetherell, it will be recollected, proceeded to the
bedside of her now departed husband on Tuesday week, but
returned to town on the following day agreeably to the re-
quest of the medical gentlemen in attendance upon the
Right Hon. and Learned Knight.
As a politician and a public man perhaps no one was
better known than Sir Charles Wetherell, and though his
extreme opinions for many years past found but little sym.
pathy throughout the country, all admired the honesty and
candour which he displayed, particularly upon resigning the
Attorney-Generalship when the Catholic Emancipation Bill
WAS brought forward by the Duke of Wellington and Sir
Robert Peel in 1829; and we need hardly state that in so
doing he made a heavy sacrifice, as otherwise he would have
long since been called upon to fill perhaps the highest office
of his profession.
Sir Charles Wetherell was born in the year 1771, being
the third son of the Rev. Nathan Wetherell, D.D., M.A., of
University College, Oxford, and Dean of Hereford. At a
very early age the deceased evinced a strong desire for the
legal profession, and in 1790 he entered the Inner Temple as
a student, having previously completed his education at
Oxford. In 1794 he was called to the bar by the Honour-
able Society of the Inner Temple, and of that institution he
was the leading bencher for many years. His progress as
an advocate, principally in the Chancery Courts, was prett.y
rapid; in the course of time he received a silk gown, and in
1823 was appointed Solicitor-General, being on the occasion
knighted by his late Majesty George IV. In 1826 he suc-
ceeded to the Attorney-Generalship, an office which he re-
signed on the formation of the Canning Ministry in 1827 •
but the formation of the Wellington Government in 1828
once more witnessed him the King's principal law officer.
In 1829, the Government of which he was a member deter-
mined upon conceding to the claims of the Roman Catholics
—a course which met with the marked disapproval of Sir
Charles, and resolving not to sacrifice principle for in-
terest, he resigned, and never again held office under
Government.
The deceased was first returned to Parliament for the now
disfranchised borough of Boroughbridge ; he also repre-
sented Oxford for a considerable period, but latterly he de-
clined taking any part whatever in the proceedings of the
Legislature, as he never could reconcile himself to the ma-
chinery of the Reform Bill, which, like other measures
deemed by him inroads on the constitution, he emphatically
but unsuccessfully opposed.
Since his retirement from Parliament, Sir Charles de-
voted himself to his professional ditties, his practice being
confined to the Equity Courts. Apart, however, from West-
minster Hall and Lincoln's Inn, he held three lucrative ap-
pointments, viz., those of Recorder of Bristol, standing
counsel to the University of Oxford, and leading legal adviser
to his Majesty the King of Hanover.
In his addresses to the House of Commons while a Member
Sir Charles was generally very satirical and sometimes per-
sonal in his remarks ; in consequence he was involved on
many occasions in conflicts with Hon. Members. Indeed, in
various ways the deceased showed tokens of eccentricity,
more particularly so in his manner of dress, which his oldest
friends seldom remember to have seen adjusted in an orderly
manner.
Sir Charles Wetherell did not enter the married state
until far advanced in life. He had completed his 60th year
when he espoused the daughter of the late filir Alexander
Cooke, of Studeley Priory, Oxfordshire. By this lady, now
dead several years, he had one child which expired four
months after birth. He married a second time about eight
years since Miss Warneford, the daughter of Colonel and the
Hon. Mrs. Warneford, of Warneford-place, Wiltshire. This
lady, by whom the deceased had no family, is about forty
years of age, and is heiress to a large property.
At the time of the melancholy occurrence Sir Charles, it
appears, was returning from an inspection of an estate which
be purchased some months back. It is generally understood
that he has died very wealthy, if indeed not enormously so.
Though a member of the Inner Temple, he kept his offices
for many years back in Stone-buildings; Lincoln's Inn.
About four months ago he purchased the splendid mansion
formerly occupied by the Earl of Abergavenny, in Berkeley-
square.
The mortal remains of the deceased will, it is understood,
be interred in the Benchers vault, Temple, unless his repre
sentatives should resolve otherwise.

DEATH OF GENERAL WULFF.—Lieut.-General Wulff,
of the Royal Artillery, died at the residence of his daughter,
Lady Hardinge, on the Gun Wharf, Chatham, on Monday,
the 17th instant, at the advanced age of 83 years.

DEATH OF BARON DEDEL.—VVO regret to announce
the demise of his Excellency Baron Dedel, the Netherlands
Minister at this Court, which event took place on Monday
last, at his residence in Wilton-crescent.
DEATH OF THE PRINCE DE ROHAN ROCHEFORT.—
PRAGUE, Ava. 7.—The death cf his Highness the Prince
Benjamin Rohan Rochefort has the more deeply affected the
inhabitants of Prague, to whom he was known, as the dread-
ful catastrophe was wholly unexpected. He arrived here in
the afternoon from one of his estates, intending to leave the
city in the evening of the same day. Towards sunset, in
order to refresh himself after his journey, he resolved to go
to the military swimming institution. In spite of the warn-
ing of the superintending °Seer, the Prince ventured the
dangerous leap from (or over) the barrier, when he was so
unfortunate as to be carried under the raft, and though all
the swimming masters followed him, it was with the greatest
difficulty that they got him out of the water. All means
taken to recover him were unavailing, his exertion in leaping
having doubtless caused a rush of blood, which proved fatal.
DEATH OF THE REV. JOHN CHEVALLIEL—We have
this week to record the death of a most valuable and much
esteemed magistrate in this county, the Rev. J. Chevallier,
11. D., of Aspal-hall, than whom few persons lived more
universally esteemed by his relatives, his friends, and his
neighbours, or who will be more generally missed and la-
mented by them now that he is taken away. Dr. Chevallier,
for many years past, has taken a leading interest in all the
plans for improvement of the district in which he has re-
sided ; and his name will be long identified with the agri-
culture of this county, by the widely-extendedreputation
which the " Chevallier"' barley has acquired, which
first cultivated under his auspices, and on the estate where,ws
for many generations, his family have resided.—lpswich
Express.
DEATH OF REAR-ADMIRAL TRENCH.—On Sunday
morning, at six o'clock, the Hon. William Le Poet. Trench,
Rear-Admiral, breathed his last at his resider.ce, nearßallina-
aloe. He was in the seventy-sixth year of his age, and re-
tatined his faculties, unimpaired, to the moment of his disso-
lution. Disease of the heart was the cause of his death. He
was the uncle of Lord Clancarty, and for a considerable
period acted as his Lordship's agent.
SINGULAR ROBBERY.—On Tuesday Mr. Inspector
Henderson, belonging to the New Cross station, Kent-road,
gave information to Mr. Superintendent Mallalieu, at the
station of the R division of the Metropolitan Police, in the
Blackheath- road, that the galvanic apparatus used for the
%electric telegraph had been stolen. Ha had no clue to the
avbbery, but it was suspected that a party of low fellows fre-
quenting the vicinity of the spot where the apparatus had
beeci fixed were the thieves. It was used lately for the pur-
pips e of trying experiments on the cutting through the In-
dia. Id plane between the Kent-road station and Sydenham.
It 111.1.1 been placed at considerable expense, and would, if
sold a s old metal to dealers in marine stores, fetch very little.
It cow d, however, be made no other use of. Mr. Henderson
left an engraved plan of the apparatus, for the purpose of
assistin g the police in their exertions to trace the property.
POIStoNOI3B BERRIES.—Another person died on Tues-
aay, in the London Hospital, from the effects of eating a
pie' the' principal ingredients in which were called bilberry
hems, but which, there is no doubt, contained berries of the
nightshade. There are three other persons in the same hos-
pital who are in a state of great suffering, from eating berries
of a similar description ; one in Guy's Hospital, and two in
Vie Royal Free Hospital, Gray's Inn-lane.

IRELAND.

THE REPEAL MAGISTRATES.

DUBLIN, AUGUST 17.—The Freeman's Journal of this day
publishes the correspondence between Lord Chancellor Brady
and Mr. O'Connell, prior to the reappointment of the latter
gentleman to the commission of the peace, from which he
was dismissed in the year of repeal, 1843. Nothing can be
more complimentary than the terms of Mr. OVonnell's
reply, and a contrast is drawn between the ex and present
Chancellors, which is, of course, all and away in favour of
the Whig functionary. Here are the official letters of
grace :
" Secretary's Office, Four Courts, Dublin, Aug. 15.
" Sir,—l am directed by the Lord Chancellor to acquaint
you that the attention of the Lord-Lieutenant having been
given to the circumstance of the removal of a number of
magistrates, at various times, from the commission of the
peace, on account of their conduct in relation to political
meetings and demonstrations, his Excellency has been
pleased to convey to him the opinion that these cases
might be severally reconsidered, with a view of deciding
upon the propriety of restoring to the commission such of
these gentlemen as he might think properly qualified for the
office. And the Lord Chancellor has felt it to be his duty to
act upon this opinion.
" In referring to lists of magistrates who have been so
removed, it appears, that pursuant to an order, bearing date
the 25th day of May, 1843, your name was removed from
the commission of the peace for the county of Kerry.
" Mr. Sugden's letter of the 23d of May, 1843, addressed
to you, and that to Lord Ffrench, of the same date, a copy of
which was inclosed in Mr. Sugden's letter, exhibit the
grounds of this order.
" On the best consideration he has given to the subject,
and to the circumstances under which your removal took
place, the Lord Chancellor is of opinion that these letters
contain nothing which ought to preclude your being restored
to the commission of the peace.
" He desires me in consequence to say, that if it should be
your wish to resume the office of a magistrate, he is prepared
to give the necessary directions for your being replaced in the
commission.
" I have the honour to be, Sir, your very humble and
obedient servant,
"FRANCIS WILLIAM BRADY, Secretary.
" To Mr. Daniel O'Connell, M.P., &c."
• (Copy.)
"30, Merrion-square, Dublin, Aug. 15.
" Sir,—l have the honour to receive your letter of this
date, written to me by the direction of the Lord Chan-
cellor of Ireland, and containing an offer by his Lordship to
reinstate me in the commission of the peace for the county
of Kerry.
" I accept that offer with respectful gratitude.
" Residing as I do for a great part of the year in Dublin,
I accept the commission of the peace for Kerry, principally
because my doing so gives me the opportunity of expressing
my respectful gratitude to that eminent Judge, the Lord
Chancellor, for terminating the injustice done me by his
predecessor in office, Sir E. Sugden.
" I have also another and most powerful reason for ac-
cepting the commission : it is because I feel that the Lord
Chancellor has in this, his conduct to me, vindicated the
constitutional principle, that no man should be made to
suffer any penalty or punishment for seeking for the repeal
of an Act of Parliament by peaceable and legal means, and
none other.
" The Lord Chancellor has, therefore, not only done jus-
tice to an individual, but has overthrown a bad precedent,
and vindicated the constitutional right of t very British sub-
ject to seek for an alteration in the laws by the exclusive
use of legal and peaceable means.
" I have had the happiness of being acquainted with the
professional and judicial career of his Lordship, and I beg
leave respectfully to express my conviction that, as on this
so on every other occasion, he will do equal and impartial
justice to all, and vindicate, in his exalted station, the con-
stitutional rights and privileges of his fellow-subjects of
every class and denomination.
" I have the honour to be, Sir,
"Your faithful and obedient servant,
" DANIEL O'CONNELL.
" To Mr. Francis William Brady, Secretary
to the Lord Chancellor."
THE POTATO PESTILENCE.

There is no variation whatever in the last accounts from
the provinces. If possible, affairs are looking still more
gloomy. The Tralee Chronicle, speaking of the rapid spread
of this pestilence in Kerry, observes :
a In every part of the county, east, west, north, and south,
the plague is abroad, with, to use the words of a respectable
Roman Catholic clergyman—' an Egyptian intensity.' Un-
happily, too, it is in those districts where the people are
poorest, and where fever in former seasons of distress has
been most rife, that the pestilence has more peculiarly deve-
loped itself: And yet it is with such a prospect as this state
of things must awaken up in the mind of every man with a
heart or a head, that Government has declared its resolution
of withholding those supplies of food which—be his political
views what they may—entitled Sir Robert Peel, in the words
of one of the most active and benevolent caterers of the Kil-
larney Relief Fund—David William Murphy—to the eternal
gratitude of the Irish people; it is at such a moment as this,
that the Board of Works have reduced the wages of the
labourers—that class, above all others, on whom will descend,
with a desolating effect, the fearful visitation stalking through
the land; it is at such a time as this, we say, that the Board
of Works have reduced the wages of the labourers to Bd. a
day, and that upon works commenced but a few weeks since
at lOd.; as though they would insult the miseries of this
wretched class, or break down the patient spirit, which, let
partisans say what they will, hovers, like a glory, over the
hovel of our poorest peasant. And what is the reply from
the powers that be? In the absence of Lord Besborough, the
Lords Justices tell us that, forsooth, they do not see any
ground for interference.'"
The same paper gives a lamentable sketch of the state of
the barony of Iveragh. It is furnished on the authority of
the Rev. J. B. Tyrwhitt, a benevolent and highly intel-
ligent Englishman, and a clergyman of the Established
Church :
" His accounts of the prospects of the people of this very
poor barony, and all along from the River Kenmore, Sneem,
Darrynane, to Cahirciveen, and thence towards Killorglin,
is harrowing and startling. The whole potato crop is lite-
rally destroyed, while over a very wide surface, the oat-
crop presents an unnatural lilac tinge to the eye, at the
same time, in too many instances, the head is fouud
flaccid to the touch, and possessing no substance. The
barley crop, too, in many places, exhibits the effect of a
powerful blight. In some places, also, where turnips have
been grown, they present—as indeed, has been the case in
other parts of the county—a 'healthy exterior in top and
skin, but on being opened are found deeply impregnated with
a taint similar to that which has smitten the potato to such
an extent that one cannot stand in the blackened fields with-
out being overpowered by the offensive effluvia.
" In Cehirciveen, the centre of this scene of desolation,
while the people are crying aloud for food, and are ready to
pay for it, the store for Indian corn, under the direction of
the Coast Guard officer, closes this day; and so urgent was
the Commissary that here, as elsewhere, the door of execu-
tive relief should be simultaneously shut upon the people,
that the meal which, for effectual aid, should be sold out in
small quantities to the indigent labourer, was vended in sacks
to the solvent farmers.

" Contemporaneously With the Government order for clos-
ing the sale of Indian meal has been another from the Board
of Works to their officer, to suspend the works under his
Management.
" The poorer classes, therefore, who are as peaceable as in
any part of Ireland, are already venting their complaints,
and—we say it in a spirit of regard for the interests of all
parties and classes, and imbued with hostility to none--that
there is danger, if prompt steps be not taken to introduce
food into the barony of Iveragh; the necessity will soon be
a more general one, but we now speak of Iveragh in particu-
lar—and, together with that food, extensive employment—
there is danger, we say, that the peace of the district will be
damaged.
" The Right Hon. the Knight of Kerry, cognisant of
this state of things, has, we have reason to know, written
to the Marquis of Lansdowne, and if our memory serves us
right, Mr. Tyrwhitt has addressed Lord John Russell on the
subject.
" Among the remedial measures in the way of employ-

ment that naturally suggest themselves to our mind are—the
drainage of bogs, and the reclamation of waste lands ; esta-
blishing a packet-station at Valencia, the result of which
would be the formation of a line of railway, giving employ..
ment to thousands; the immediate systematised working of
the deep sea fisheries."
REPEAL ASSOCIATION.

Tire members of this body assembled to-day in the Con-
ciliation-Hall. The attendance was particularly thin in all
parts of the building.
At one o'clock Mr. O'Connell, M.P., Mr. J. O'Connell,
M.P., Mr. N. Maher, Mr. T. Steele, Captain Broderick
and Messrs. O'Hea, Dunne, and a few other members of the,
committee, entered the Hall, and were cheered as usual.
Upon the motion of Mr. O'Comucm., the chair was taken
by Mr. J. H. Dunne.
The CHAIRMAN, in thanking the meeting and committee
for placing him in so high a position, said he fully identified
himself with the principles of Mr. O'Connell, and wholly
disagreed with the physical force doctrines of the " Young
Ireland party."—(Loud cries of "Hear, hear," and cheering.)
It was not his (Mr. Dunne't) intention to make a speech ;
but still he could not sit down without congratulating the
dismissed magistrates upon their restoration to office.
The SECRETARY having read the minutes, which were j
confirmed,
_ _

Mr. O'CONNELL proposed a vote of thanks to the Limerick
repealers, which he said he omitted to do at the last meeting
—(Hear)--and then proceeded to comment on mistakes
which he observed in the Freeman of that morning ; he
alluded to the letter of the Lord Chancellor, and his
(Mr. O'Connell's) letter in reply, on the subject of the dis-
missal of the repeal magistrates.—(Hear, hear.) The Free-
man stated that he was the first person addressed by the
Chancellor. Now, that was not, and ought not, to be the
case.—(near, hear.) Lord Ffrench was the first to receive
an intimation of his re-appointment ; and he (Mr. O'Con-
nell) was not a bit less grateful to the Lord Chancellor for
his re-appointment, because it was a proof that Repealers
were again admitted to be as loyal subjects of the Queen as
any in England or Ireland. By the act of the Chancellor,
they were told, that looking for a repeal of the union was no
crime or slur upon their characters. He (Mr. O'Connell)
believed that the High Sheriff of Galway would not be
glad to hear it, for he had acted most ;
and b
unhaontaseormgeenlyttloel
wards Mr. Bodkin, who was dismissed
men through the countrylevoraldbebser.)eqTuahlelyre
was anotherannoyed,for
they acted equally ill.__( Hear,
that matterwas a s
which
re
regarded
e3dl r.
theO ' CAornmnse lßtl shouldl!
ri
east once
ro
Tnboenytridceeo2,a,wnoanoisvadr
petition prepared against that Bill, and
sedsingtd
to e
persons in the course of the week, to b
presentation to Parliament ; but he was now going to move
that it should not be presented, and he would give his rea-
sons for moving that resolution—(Cheers)—because he had
read a letter from London that morning, from good autho-
rity, stating that the Bill was withdrawn and would not be
pressed by the Government.—(Loud cheers.)
Mr. O'CONNELL rose to move cordial gratitude and addi-
tional confidence in Mr. Thomas Steele.—(Hear, hear.) That
brave and patriotic gentleman had been sent down to the
county Cavan to prevent the apprehended collision between
the Protestants and Catholics, and he (Mr. O'Connell), was
gl.:d to szt), that Mr. Steele had been equally well received by
both na-ttes, and that whicli was feared to be a scene of
bloods!,ed and riot, terminated in nothing more than a peace-
tut meotii!g.—(Cheers.)
The CHAIRMAN put the motion, which passed.
Air. STEELE returned thanks, and proposed nine enthusi-
astic cheers for Lord Farnham, and the noble and truly hu-
mane leaders of the Orangemen in Ulster.
The meeting cheered the sentiment expressed.
Mr. STEELE next read a letter addressed to Mr. O'Connell
by the repealers of Edinburgh.
The following resolution accompanied the letter :
" The Nation having thrown out a hint that the members of
the Repeal reading-rooms might subscribe for that paper in
spite of the Association, resolved, that the Nution, having
adopted a policy directly opposed to that of the Association,
we indignantly repudiate any participation in its sentiments,
and will in future exclude it from our reading-rooms."
Mr. RAT next read a communication from thel.,pathrieshreo-f
Ahascragh, in the county of Galway, inclosing 7
newed subscription of Lord Ffrench and his sons, &c. The
letter concludes as follows :

" I cannot omit to implore the attention of the Association
to the melancholy state of the potato crop, and to represent

to that body to which the people look for sympathy under
this almost present famine, that that crop is a total failure.
In these united parishes all the potatoes are infected most
of them rotten, and the disease making rapid progress in ifs
destruction of the sickly remnant. Under these circum-
stances, if the people do not find continued employment, their
healths will be injured, and contagion must be the immediate
consequence. The Government will be responsible for the
most deplorable loss of life and property that must ensuo if
immediate means of relief be not at once adopted."
" I have the honour to be, yours very faithfully,
" RICHARD M•LOUGHLAN.
" Parith Priest of Ahascragh and caltra.
" To Mr. Thomas M. Ray."
MR. SMITH O'BRIEN.
Mr. J. O'CoNNELL said it was his duty to read a letter
from Mr. Smith O'Brien, and that duty was rendered some-
what painful by reason of some of the sentiments to which
the writer gave expression. The letter was addressed to
Mr. Ray :

"Dublin, Aug. 11, 1846.
"My Dear Mr. Ray—When, upon this day fortnight, I
retired from Conciliation Hall with a view to put an end to a
scene which was not less distressing to those who witnessed
it than injurious to the cause of Ireland, and disparaging to
the character of Irishmen, I indulged a confident hope that
Mr. O'Connell would be enabled, upon his return, to adopt
such measures as would restore harmony in the Repeal As-
sociation, and reunite the efforts of repealers in every part of
the kingdom.
"The hope has been disappointed.
"Although unwilling to say anything that can tend to
widen the breach which has taken place in our ranks, I feel
that entire silence upon my part might be construed as ac-
quiesence in the late proceedings of the Repeal Association.
" Under these circumstances, I am compelled to record my
dissent from the resolution, by which the members and asso-
ciates of the Repeal Association have been deprived of their
right to receive the Nation newspaper, in consideration of
their contributions to the repeal rent.
" it is scarcely necessary for me to disclaim any connexion
with that journal; but lest there should be any misconcep-
tion upon the subject, I think it right to state that I have
never seen, previous to its publication, any article written
for that newspaper •, and that since the death of my lamented
friend, Mr. Davis, I have enjoyed very little personal inter-
course or communion with any of the gentlemen who write
in its columns. In the Nation, as well as in other repeal
journals, opinions are occasionally put forward with which
I do not agree—expressions are used which I regret and
condemn; but, while I thus refuse to identify myself with
all its sentiments, I profess and avow admiration of the ability
with which it has been hitherto conducted. I admire it for
the extraordinary vigour of its style—for the dazzling splen-
dour of its prose, and for the glowing beauty of its verse—for
the absence of that scurrility by which modern journalism
is disgraced; but, above all, for its burning enthusiasm in
the cause of Ireland. I sincerely believe that the aim of
its writers has been to raise Ireland to her proper station
amongst the nations of the earth, by the attainment of na-
tional institutions, and by the nroral elevation of her people--
to make her renowned in literature and science, in arts and
in arms—to protect and uplift the poor without injuring the
rich—to inspire patriotic sentiment without demanding blind
servility of opinion—to combine respect for religion with en-
lightened toleration of adverse creeds—to unite the people of
this land in one great and glorious confederation, and upon the
basis of such a confederation to plant the standard of Irish
freedom, supported on the one hand by loyalty to the Queen
of this empire, and on the other, by the wisdom, virtue, and
courage of an Irish Parliament.
"Believing that the Nation has rendered incalculable ser-
vice to the cause of repeal, 1 cannot but deeply regret its
severance from the Repeal Association. If this proscription
should have had the effect of destroying the journal, Ire-
land's cause will have lost one of its most efficient advocates.
If, on the contrary, it should be sustained by the public in
honourable independence, the Repeal Association will have
voluntarily thrown away no inconsiderable portion of moral
influence, by losing its indirect control over a powerful organ
of public opinion.
"I regret much that it has been thought necessary to sub-
ject to unfriendly and ungenerous criticism every expression
which has appeared in the columns of this newspaper. If
every article written in the repeal journals of Ireland—if
every speech made by the advocates of repeal, in times of
great political excitement, were in like manner to be sub-
jected to sinister interpretation, who amongst us could escape
censure? At the period when a popular outbreak was really
to be apprehended, it might have been proper to have adopted
coercive measures to restrain the use of menacing language:
but assuredly at no period during the last three years has
there been less pretext than at present for interfering with
the independence of the repeal press, either with a view to
protect the Repeal Association from legal snares, or to prevent
the Irish people from striving to attain a repeal of the union
by means of physical force.
" For my own part, although I have felt it to be my duty
to defend men who have been unjustly assailed, and, in
doing so, have cher fully sacrificed that popularity and/
leadership' which it is supposed that I covet so much,
firmly repudiate the imputation that I am desirous to en-
courage the people of Ireland to struggle for their legislative
freedom by an appeal to arms; but, on the other hand, I will
not consent to pamper the pride of England, or to encourage
her oppression of my country, by telling her that the Irish
people have for ever forsworn the use of the sword as the
final vindicator of their national liberties.
"A multitude of painful reflections suggest themselves to
my mind in connexion with the recent proceedings of the
Repeal Association; but, as the expression of them would
exasperate rather than allay dissension, I shall add no more
than that I disclaim all participation in a course of policy
which seems to me calculated to defeat the consummation of
our national hopes at the very moment when we were upon
the eve of a final and glorious victory.
" I cannot conclude this letter, however, without renewing
to you, individually, the assurance of my unfeigned esteem ;
and I also gladly avail myselfof this opportunity of gratefully
acknowledging the uniform respect and kindness with which
I have been treated, not only by Mr. O'Connell and his
family, but also by every member of the Association with
whom I have been brought into personal communication
since my accession to the repeal confederacy.
" I remain, my dear Mr. Ray, yours, very sincerely,
"T. M. Ray, Esq." "W. S. O'BRIEN.

Mr. O'CONNELL said he was sincerely sorry to perceive
let in the letter just read there was not the least approach
or more than an implied wish, on Mr. O'Brien's part to join
again in the labours of the Association.—(Hear, hear.) That
day week he (Mr. O'Connell) held out an invitation to Mr.
O'Brien to rejoin them, and they bad no reply but that
letter, which could not be construed into an acceptance.
There was a great deal of matter, he regretted, in it, which if
he was disposed to treat with severity would require a great
deal of observation from him; for instance, there was a
feeling expressed to place a single newspaper before the
public as the great advocate of the repeal cause.—(Hear.)
Now, he would not consent to bandy arguments between
that body and the Nation, nor would he enter into a discus-
sion with them at all, for he had something else to do.
—(Hear, hear.) He had to look for repeal upon the prin-
ciples of the association, and in doing so, place all men upon
a safe footing in his capacity of Repealer and Irishman.—
(Cheers.) It was his duty to demonstrate, that there should
not be the smallest peril attached to their exertions; yet he
did not mean to undervalue Mr. O'Brien's exertions; on the
contrary, he felt the full value of them, and would be proud
to see him again in their ranks; he would make a
" bridge of gold for him to recross." In fact, he
would make any sacrifice to have him again, but a
sacrifice of principle, and principle for no considera-
tion should be abandoned.—(Cries of " Hear, hear.")
(The Learned Gentleman then read a letter from Cork, en-
closing some money, and referring to the late rupture.) He
(Mr. O'Connell) could not agree in this expression, for he
could not agree to the doctrines Mr. O'Brien urged, and,
until he changed them for others, it was impossible for him
to coalesce with that gentleman. For he believed, that if
they adopted his principles, they would be all liable to a
charge of high treason. That was his candid opinion
as a lawyer.—(Loud cheers.) The principles promulgated
by Mr. O'Brien and the Young Ireland party were to
act on peaceable measures if they could ; but, if they did
not succeed with their), to resort to physical force. Now, as
a lawyer, it was his conviction that it was high trea,,on to
hold such principles as a body of men ; and therefore it was,
that peaceable measures alone were the funda rental prin-
ciples of that Association.—(Hear, hear.) The Lord Chan-
cellor admitted by his late Act that Repealers had a right
to agitate peaceably and legally for a change of the law ; but
would he have done so if they resorted to force ? On the
contrary, the moment they did so, their conduct would
have been illegal. The difference between the two principles
were imprisonment and death, and liberty and freedom, and
if he (Mr. O'Connell) was to run such a risk as the Y‘oung
Ireland party proposed, he would be running the risk of the
lives of all the members of that body, and also his own life;
and for that reason he would not coalesce with Mr. O'Brien,
or any man advocating his doctrines.—(Hear, and cheers.)
The Tories sent him (Mr. O'Connell) to gaol for keeping the
peace—but they could not keep him there, because they had
no evidence of physical force doctrines to bring against him ;
but evidence could then be produced from the Nation, if
there was any connexion which they could be made liable to.
That was one of his reasons for disconnecting himself with
Mr. O'Brien and his party; and another was, for what the
Nation said as to the Association's connexion with France.
It said that they were promised assistance from France
through M. Ledru Rollin and from other sources; but there
was no foundation for such a s'atetnent, and he would hold

no connexion with a paper capable of asserting so gross a
falsehood.—(Cheers.) His principles were peaceable, and
he would not accept repeal if 2btained by revolution or
force, because the moment foe was found to be a
successful weapon by one party, another was always pre-
pared to start up and use it; so that if they even got re-
peal by the principles the Nation urged, another nation
might start up to take it from them.—(Cheers.) He
would not, therefore, have repeal on any but moral force
grounds, for then it would be permanent; but if otherwise,
the end of their victory would be a military despotism,
or a system of anarchy. Revolutionary warfare had a hor-
rible effect on society. It had the effect of separating
husbands from their wives, mothers from their daughters,
and brothers from their sisters, and was always mixed up
with the confiscation of property—(Cries of " Rear, hear ")
—which generally was a transfer of the property of the
good and the virtuous to the depraved and abandoned.—
(Cheers.) They got emancipation by moral force, and they
were not the worse for it.—(Loud cheers ) The Association
had a difficult card to play, for they were attacked on all
sides—(Hear, hear)—for the young men attached to it also
wrote for other papers, which accounted for the support the
Nation got in some quarters. It was a pity to see young
young men of talent endeavouring to injure the cause of
Ireland.—(Hear, hear.) They said they were Repealers,
and agreed with the Association to a certain extent; if they
did, why did they not work with it to a certain extent? But
instead of doing so, they were throwing every obstacle in
the way of repeal, and doing everthing calculated to prevent
its being carried out. Was he to be told that moral means
would nor do? Had they not already succeeded by it ?
Was not emancipation carried by it ? Talk of violence and
they would shut out every moderate man.. What chance
in,
would they have of the Protestant gentry or of
the Roman Catholic gentry of the other provinces, if they
adopted physical force ? (Hear, hear.) He implored
Mr. Smith O'Brien to throw away his sword. (Loud
cheers. Let that patriotic . gentlemen recollect that
on the state trials the chief;. document used against
the repeal traversers was the Nation newspaper,
which published that ridiculous poem, entitled—" IVlio
fears to talk of '9B ?" He (Mr. O'Connell) did not fear
to talk of '9B, but he talked of it to condemn it.—Loud
cries of "Hear, hear," and Cheers.) That rebellion had
produced anarchy and blood, and hut for it the Union
would not have been carried--(Hear, hear.) The Hon.
and Learned Gentleman then went on to say, that the
measures of relief proposed by the present Parliament
would not be successful, but had been of use. The aego-
merit against the repeal would have vanished the moment
that the failure was demonstrated. He had given the trial
—he could not do more.—( Hear, hear, and cheers.)
They would have the repeal, and that repeal would alone
be achieved by moral force; and though the Association
parted sorrowfully with those who differed from them, it
had confidence in the people, and, above all, in the mercy
and protection of a generous God.—(Loud cheers.)
Captain BRODERICK read a letter from Carrickmacross,
enclosing half notes for 84 ; and also an address from the
Repealers of that town, reiterating their sentiments of con-
fidence in Mr. O'Connell lit the present crisis, when (a 4 the