The Sun.
London, England, 1834-06-02 00:00:00

31pIRIT OP Tll PUBLIC JOURNALS:

. All parties seem to think- that tit compost of the
ast week's accretion,: nisnarned by Lord Grey and
others " a Government," ought not to have a long
existence. The former Cabinet—that is, the Ca-
binet as it existed yesterday week—was not one at
all too satisfactory in respect of the talents which it
contained. Of those talents, speaking politically,
the most conspicuous -and eminent have departed
from it ; and what has the country acquired in their
place by virtue of the late arrangements ? Mr.
Spring Rice, though a clever public officer in a su-
bordinate department, is not esteemed throughout
the country, nor will he appear in the House of
Commons, an efficknt substitute for the late Cola
nial Secretary. -Lord Auckland is, we are sorry to
say, just Lord Auckland, and will never be anything
better. aut it is not merely what the Cabinet is
—the public reflects on what it might have been,
and. is not. An opportunity arose of securing great
effects by easy and natural proceedings. Able men,
dacknowledged principles, might have been brought
into the Administration, and, had time and public
convenience pressed, such men would, for a short
time, have been accepted in lieu of measures. It
will not be so now. The persons who have been
raised into the cabinet are known, it is said, for
qualifications the reverse of such as ought to have
recommended them to the choice of the Prime
'Minister as accessions to his government, at an hour
when it behoved him on every ground of prudence
to satisfy the uneasiness of the people with regard
to the settlement of this appropriation .of Irish
tithe, Lord Auckland and Mr. Spring Rice are
understood to be the mere echoes of Lord Lans-
downe's se-iltiments. What course, we should like
to he r, will be pursued this evening upon the re-
s....imption of the adjourned debate ? The previous:
questiOn Would be an acknowledged shuffle. Does
any nne suppose that Lord Althorp would have
succeedjl in such a motions last week before Mr.
Stanley's resignation ? And much more, would such
an expedient prosper now ? But something far
worse, more shuffling, is threatened for this evening.
The:principle of Mr. Ward's motion is, we believe,
to be in words admitted—and how is it to be followed
up ? Why, report says, by the grant of a " commis-
sion of inquiry into the ecclesiastical state of Ireland."
A mere pretext for delay, and facility for juggle-La
blind and screen, and baffler of the public expectations.
All the facts necessary for a decision have been al-
ready published and laid before Parliament. This milk-
end-water attempt at compromise will not do. The
House of Commons ought to see in it not merely
materials for prompt rejection or sensible modifica-
tion) but ground of just alarm for the good faith
with which they are to be hereafter treated on many
Succeeding questions-. It would be difficult to ex-
aggerate the uneasiness which exists at the form as-
eUthed by the amended cabinet, and at the thin and
tlekctive staple of its composition, as it would be
delusive to affirm that no disgust has been created
by the suspicion of mean and intriguing prac-
tices, of which the object was that very exclu-
sion of able, honest, and determined men from the
government, now so bitterly complained of by all
classes of society as a grave impediment to the re-
storation of general peace and confidence, and a
humiliating stigma upon its conjectured authors.
Four members of Parliament out of every five among
the steady supporters of Lord Grey's government,
demand with astonishment why such independent
men as Lord Durham and Mr. Abercrombie—why
the unpretending but clear intelligence and inflexible
spirit and integrity of Lord Duncannon—should
be postponed to the Aucklands, Carlisles, Rices,
and Ellices, whose names will appear, we take. for :
granted, in this clay's Extraordinary. Gazette We
notice only to reprobate at once, as an atrocious
and incredible calumny, the rumour circulated by
some malignant enemies of Lord Brougham, that
the Earl of Durham's exclusion from the King's
Government at such a crisis could directly or in-
directly have originated in that learned lord's desire,
or been the work of .his suggestions, hints, or insi-
nuations. The prejudices to Lord Brougham's
character for fair dealing,. and.the stain upon his
political honour which such a report is calculated„
and was certainly designed, to produce, must make
every friend of the learned lord impatient to meet
it as we do by a flat and, peremptory contradiction.
This new abortion of -a Cabinet is nicknamed by
our contemporaries the " Lansdowne Cabinet." If
it be so, it is surely not the less on that account an
abortion. People have not forgotten the utter ineffi-
ciency of Lord Lansdowne when he held an office of
business, nor his timid submission to act a subor-
dinate part to such a miserable chief as Lord
Goderich : how, then, can they expect anything in-
dicative of energy or firmness from a cabinet which
begins by surrendering itself to him who by his own
confession was second to Lord Goderich ? And;
yet that the cabinet has yielded to him is evident,,
not only from the members forced upon it, but from
the members whom his influence has excluded. One:
consequence—indeed a necessary consequence—of
the petty and paltry nature of this attempt is a re-
vulsion of opinion in the minds of those members of
Parliament, to the number of above 150, who
signed a late declaration of confidence in Earl Grey,
and a conviction on the part of most of them, that
it is requisite in self-defence to address to the noble
earl another declaration, more strictly and perspi-
cuously expressive of their real feelings, and less
liable to that dangerous_ misinterpretation which
has been given to the former document—whe-
ther wilfully or negligently, we shall not say—
the effect of which, it is feared, has been to per-
suade his lordship that the language of his friends
was not merely a compliment earned by his former
services to the country, but a carte blanche for the
future, let him abuse the privilege as he liked. Upon
the whole, it is .evident that the. " Lansdowne-
Auckland-Cabinet" is no better than the old dish
warmed up, with some of its best ingredients omit-
ted ; that it indicates more palpable insignificance
and weakneis ; that it is regarded everywhere with
dissatisfaction and disappointment ; and. that, if
either from a good-natured feebleness of acqui-
escence in things " as they are," or by the stronger
motive of fear of a speedy dissolution, Parlidinent
shall express its " confidence" in this clumsily hud-
dled up Cabinet, it must not expect that sympathy.
from its 'constituents, which all friends of 'good go-
vernmentjustly consider to be essential to the na-
tional tranquillity and safety. We forgot to state.
that Lord 'Mulgrave and Mr. M. OTerrall are
said to have declined the offices assigned to them.—
Times.

The proceedings of the General Assemhly•of the
Church of Scotland (which has been sitting at Edin-
burgh fore the last ten days) have this year been
more than usually interesting to our northern fel-
low-subjects. During the course of the last two
or three years the spirit of reform which was
abroad in the nation had been directed to the real
or alleged grievances of the Scottish ecclesiastical
establishment. It is true that there could be no
complaint of pluralities, because no plurality existed.
Every parish north of the Tweed bad its own
clergyman, and no clergyman could have two livings
at the same time any more than he could have two
wives. It is likewise true that no charge of non-
residence could be brought against any pastor, be-
cause curates do not exist, and no presbytery would
permit any of its congregations to be left without
its religious instructor. Neither could any dis-
satisfaction be expressed at the amount of the cle-
rical revenues, or the mode in which they were levied
or distributed, as the average of the stipends of
" the kirk" do not much exceed 2001. each, and
arise from tithes or teinds, which have been con-
verted into a small rent charge on the landed pro-
perty of the country. Still, notwithstanding these
favourable circumstances, and notwithstanding the
general acknowledgment of competent judges that
" the kirk" answered all the objects of its institu-
tion, probably better than any other ecclesiastical
establishment in Europe, " voluntary church asso-
ciations" of dissenters have been formed for its over-
throw, and strong petitions have been sent up both
.to its General Assembly and to Parliament,- pray-
ing for a 'considerable change in its internal consti-

Aution. - All these—petitions have been directed
against one object—the law of patronage, or rather
against the practice of the church courts in admit-
ting pastors to parishes without the consent, and
sometimes against the remonstrances, of the people
whose religious' exercises they were nominated to
:guide. A committee of the House of Commons,
:which was appointed in the present session to in-
quire into this alleged' grievance, has not yet deli-
vered its report ; or rather, we believe; has sus-
'pended its operations; till it should see what
measure was to be adopted on the subject
by the General Assembly of " the Kirk" itself.
'On Tuesday 'last, that venerable body -adopted
a decision which will probably carry reform
'on this question as far as the enemies of pa-
tronage would desire, and which, if found va-
lid without the sanction of the legislature,
will render all further legislative interference unne-
cessary. It declared, by a majority of 184 to 138,
that " it is a fundamental law of the church, that
no pastor shall be intruded on any congregation
contrary to the will of the people, and that in order
to carry this principle into effect, the presbyteries
of the church shall be instructed, that if, at tJie
moderation of a call to a vacant pastoral charge,
the major part of the male heads of families, mem-
bers of the vacant congregation, and in full com-
munion with the church, shall disapprove of the
person in whose favour the call is proposed to be
moderated, such disapproval shall be deemed suffi-
cient ground for the Presbytery rejecting such
person, and he shall be rejected accordingly."
This, be it observed, gives no poll election to the
parishioners,-Lit does not necessarily introduce an
electioneering canvass, which would be indecent in a
national religious establishment,—it does not deprive
the patron of his right of representation—it merely
allows the majority of the congregation a veto on
the induction of a clergyman from whose ministra-
tions they expeet no religious benefit., The ma-
jority-is- not required to give reasons for their oppo-
isition,—they are not erected into judges of religious
doctrine or expounders of heresy,—they need not
even state any objections to the moral character or
personal respectability of the person whom the
patron has nominated for their future pastor ; it is
enough for them to declare that the presentee does
not suit them,—that from the feebleness of his
voice, his mode of delivery, the excessive refinement
or the offensive negligence of his language—his
manner of expounding the Scriptures or of en-
forcing Christian duties, he could not, in their con-
scientious conviction, be to them an useful minister.
It is even anticipated that this power . of rejection
will not be often exercised, because the know-
ledge that it exists will render the patrons of va-
cant benefices more careful in the detection of per-
sons to fill them, in order that they may meet with
the support of the majority of the congregation. But,
whether the latter anticipation be realized or not,
it cannot be denied that the adoption of the new
principle will produce a great alteration in the
working of the existing system. It will compel the
candidates for livings to bestow greater attention
on the cultivation of popular talents (perhaps at the
expense of other valuable acquirements), and thus
tend either to prevent the progress of dissent, or to
bring back Dissenters into the bosom of the church.
This latter result is the more likely, as the great
body of Scotch Dissenters adhere to the same
standards of faith and follow the same rules of
church government as the establishment itself, and
differ from the latter chiefly from an hostility to the
law of patronage. It is not a little singular that the
ecclesiastical portion of the General Assembly voted
last year in favour of a similar proposition brought
forward by the well-known Dr. Chalmers, and
were defeated chiefly by the lay elders. These lay
elders are sent to the assembly by boroughs as
well as by Presbyteries, and it is only in conse-
quence of borough reform, which has changed the
auspices under which they have hitherto been
elected, that the present measure has been carried.
The motion was introduced and ably supported by
Lord Moncrief, the son of the late Rev. Sir Henry
Moncrief, one of the most distinguished ministers, of
the Scottish establishment. It will have the appro-
bation-of all the liberal party in Scotland. By the
way, we may mention as a curiosity that may not
be generally known or alluded to in this part of
the empire, that the King is represented in the
General Assembly of " the Kirk" by a Lord High
Commissioner, who acts in his name, and occupies
a throne above the moderator or president. He is
'styled his " Grace," though a nobleman of inferior
rank, and takes precedence during his term of office
of all other peers. He holds levees every morning
before the meeting of the assembly. This year
these levees are held in the ancient palace of Holy-
rood, which communicates to the office an additional
resemblance to royalty. The Lady of the Lord
High Commissioner, we observe by the Scotch
papers, has been carrying the mimicry of a court
a little further, by holding a drawing-room in the
same ancient palace of the Scottish Kings.—Times.
The vote of the general assembly of the church
of Scotland, by which the right of patronage in that
country is virtually abolished, is the most impor-
tant legislative measure effected by that venerable
body during the last hundr'ed years. We say that
the right of patronage, as far as the decision of the.
Scottish church is concerned, is virtually abolished,
for the patron still retains the right of a presenta-
tion ; but it is a mere presentation, subject to the
veto of the majority of the male heads of families
of the congregation, who may give it without being
called upon to assign any reason. It is not a little
remarkable, and a pretty strong proof of the pro-
gress of opinion on questions of this nature, that
the plea of " vested rights" was not attempted to
be urged, nor any remonstrance made against the
spoliation of property, although the evident effects
of this measure will be, to make the value of advow-
sons (an article which has always fetched a good
price in the Scotch market) fall to zero. When the
law now passed is carried into effect, it will put an
end to the indecent' mockery to which the people
of Scotland are now subjected, by the fiction of
every minister who may be forced upon them by the
sole will and plea Sure of some aristocratic patron,being
said to come among them in consequence of an "har-
monious call" from the congregation ; that is, a
paper signed by a few individuals in the patron's
interest, whith perforce- must stand for the senti-
ments of the'tihole parish, in spite of the Most ge-'
'neral, strong, and sometimes striking expressions
of a very opposite feeling. The people will no
longer be.reminded, by a tantalizing exhibition of
the shadow, that they are deprived of the substance.
They will know that, when they join in calling a
clergyman to be their spiritual guide, nothing but
his own refusal, or some positive disqualification on
his part, can prevent its being an effectual one. - It
is said, that if the congregation are able to bring
forward substantial- objections to the minister pro-
posed to them, these objections will be attended to.
No doubt they will, if . they amount to positive im-
morality, or palpable incapacity to discharge his
duties. But that is not enough. In this matter,
the reason for disliking the well-known Dr. Fell
should be held as sufficient. If the generalhody of pa-
rishioners agree in dislikini a clergyman;even though
they may not be very well able to tell " the rea-
son why ;" or if, through his intrusion, they are,cle-
prived of another whom they like better, the odds are
sadly against their profiting by his ministry. To be
sure there are instances of violent dislike being
converted into esteem and affection ; but these, we
believe, are rare,; and when they do happen, it is
their rarity that makes them so much talked about.
In matrimony a similar phenomenon is sometimes
observed, but hardly often enough to justify the
general conclusion come to by Mrs. Malaprop (we
think), that it_ is very good " to begin with a little
aversion." In the one case as well as the other, if
the parties begin with aversion, they will most likely
end with it. In the one, it will probably terminate
in a divorce or a separate maintenance ; in the
other, with secession from the church, and a rapid
growth of dissenting chapels. If the minister is a
good and conscientious man, it will be misery to
him to find himself deprived of the means of useful-
ness which, in another situation, he might have pos-

sessed abundantly. If he is worldly and indifferent,
he will draw his stipend and make himself comfort-
able, consoling himself with the reflection, that it is
not his fault if his parishioners will let him do no-
thing for them. When will the clergy of the Eng-
lish church unite, as their Scottish brethren have
thus done, in bringing about a reform of such mag-
nitude in their estailishment ?—Morning Chronicle.
No alterations have taken place in the ministe-
rial arrangements announced on Saturday, but some
of them are not completed. We understand that
Lord Mulgrave demurs to accept the office of Post-
master-General, without a seat in the cabinet.
We believe, also, that the appointment of Mr.
More O'Ferrall is not vet determined on, and that I
Mr. Ord is not at present a new Lord of the Trea-
sury. A resignation of a Mr. Henry Ellis, a very
gentlemanly person, who was Sir Murray Max-
well's right hand man at a well known Westmin-
ster election, but otherwise of no political conse-
quence, is pompously announced by the Tories—
which, whether true or not, is a matter of equal
indifference to the public and to ourselves. Mr.
Edward Ellice and Mr. C. P. Thomson do not vacate
their seats. It is generally reported that Lord King
will be the new Vice-President of the Board of Trade !
The debate on the motion of Mr. Ward stands ad-
journed for this evening. We hear, on good autho-
rity, that he will not, under any circumstances, con-
sent to the withdrawal of his motion, unless its
principle is distinctly adopted by Ministers, and
pledged by a vote of the House of Commons. A
meeting of his political supporters will be held this
afternoon, and a circular has been issued by Lord
Althorp for a meeting of members of the House of
Commons in Downing-street, at two o'clock. An
answer has been given to Lord Ebrington by Lord
Grey, in reply to the address of the Whig members
of the House of gifamons, on which, however, for;
various:reasons, we, forbear- to offer any remark at
present.: The Ministerial course this evening is not;
known, and we believe is undetermined, though a
binet was held yesterday afternoon. We presume it
will be decided by the result of the conference this
day with Lord Althorp. An intense interest exists
as to the proceedings of the House of Commons
this evening, which will probably mark the policy
and decide the power and stability of the new Ad-
ministration. The Tory Peers in the House of
Lords, it is expected, will not be idle ; their will to
do mischief no one doubts. The new formation of
the Ministry has not realized the expectations of
the public. We must now wait to see whether its
reputation will be redeemed by its measures, and
this evening will be the touchstone. No verbal
promises will satisfy the country, even if they con-
tent the House of Commons. A Parliamentary
pledge is required on the imminent subject—the
Irish Church. The Reformed House of Commons
at this moment is responsible to the people, and if
it fail in its duty, the consequences may be irreme-
diable. The country is divided into two great hos-
tile parties—the reformers and the anti-reformers.
Backwards or forwards we must proceed; we
cannot stand still. The Dissenters must be gua-
ranteed the full redress of all their practical griev-
ances in the next session of parliament. Ministers
must now resort to substantial reforms as the only
possible chance of safe government, and the only
tenure of office. They myst support the elective
or the hereditary principle' of government ; there is
no middle course. If the .Peers oppose a liberal
administration, and the House of Commons will
not endure a Tory cabinet, we must come to a
" collision." The, House of Lords must be popu-
larised, or the people will think that it is easier to
make another than to mend it. The virtue and
prudence of the Commons can alone now redeem
the country and the ministry from its perilous situa-
tion. If ministers will not concede a searching in-
quiry into the state of the Irish church they are
gone. Our ancestors were not nice. In 1404 the
Commons declared " that there was no way of sup-
plying the necessities of the public, but by dimi-
nishing the excessive wealth of the clergy." Re-.
peated proceedings in Parliament have justified the
same principle. Will a reformed House. of Com-
mons shrink from its duty 4- will Lord Althorp, in
whose integrity and political principle the country.
has placed confidence, betray his trust in such
times ?—ilforning Chronicle.
If the pieced and patched-up cabinet can go to
work to-night; and any further attempt be made by
Lord Althorp to postpone the bill for the repeal of,
the house-tax, which, after numerous postponements,
stands for the third reading, we trust the parishes
of the metropolis will lose no time in coming for-
ward and convincing the government that nothing
short of the total and immediate repeal of that and
the window-tax will make it possible for any sup-
porter of ministers to attempt for the future to
represent the metropolitan boroughs. To assist
the election of Sir -John Campbell at Edinburgh,
ministers were obliged to appear more in earnest
about the repeal of the house-tax than they had
previously been. The people of this great city are
indebted to what passed in Edinburgh, and not to
any exertions of their .own. representatives, for the
apparent quickening 'of the movements of Lord
Althorp, which had been until then so shuffling and
dilatory, while he pushed On the " Central Bashaw
Bill" with the most indecent precipitation. To
repeal only the house-tax will leave the whole ex-
pensive machinery of collection, as to the other
assessed taxes, just as it was before—so much for
the economy of partial and purblind measures of
financial reform.—Morning Herald.
The Administration has been completed in the
manner we stated before, no other changes having,
we believe, taken place but those of which we have
already apprised our readers. It will be seen from
the report of the Court newsman, that the new. Mi-
nistry have already had two sittings of two hours
each, one on Saturday and one yesterday. It
would not be difficult to guess the subject, nor, per-
haps, the decision of those conferences ; but as we
always prefer fact to the uncertain lights of pro-
phecy, we will not venture upon stating more than
we actually know, notwithstanding that both the
temptation and the example are in favour of the
bolder side of the alternative. Patience, however,
and time, go a great way towards solving most
mysteries,, and the Parliamentary proceedings of
this night are likely to furnish us with some data for
speculation, more c4itain than our own con&
*nee, even if .4ye_ilispil the confidence of some
of our contemporaries to boast of. There is
one fact already known, the inference from
which, though necessarily speculative, can scarcely
be regarded as vague speculation. The fact is, the
dissatisfaction felt and expressed by the Radical
portion of the government supporters in consequence
of the exclusion of their favourite, Lord Durham,
from the new
_arrangements, is great. We shall
scarcely be accused of rashness for inferring from
thence that there are some symptoms of weakness
already in operation. How far the project for re-
modelling the church may serve to heal this breach
we know not, but from present appearances, if the
church measure be not indeed a bold one, the dis-
contented party will, in all probability, leave their
official dependants in the lurch. However, as we
have said before, a little time, perhaps another
night, will put an end to all dispute on a question
so completely at issue. One of the organs of the
Radical party has announced another depu-
tation to Lord Grey, not absolutely for the
purpose of counteracting the former, but in order
to accompany it with a very strong qualification.
This new deputation was, we understand, to have
dictated very strong terms to the ministry, as
the condition of its proffered support. The terms
were, in one word, more Radicalism or no favour,
and to those terms Lord Althorp must give his an-
swer to-night (if it be not given before), by the sort
of amendment with which he proposes to meet. Mr.
Ward's resolution. In the mean while, as the re-
ports in another p4rt of the paper will show, the
elections are proceeding at Edinburgh and Leith,
and are about to commence at Cambridge. In the
two former places it does not seem as if the Whigs
were likely to carry matters with so high a hand as
they have all along predicted. Sir J. Campbell,
after a speech in which he laboured hard for him-

self and his party, was worsted in the show of hands,
which was declared in favour of the Radical candi !
date. It is true' he may retrieve at the poll, but
the decision already passed may be .taken.as a test
of his popularity with the mass of the people. The
Judge-Advocate was more fortunate .at Leith.
But what shall we say fif Mr. Spring Rice and
Cambridge ? Sir EdwardSugden has gone down to
give the new Cabinet Minister a lift ; but it is a lift
out of place, and not into it.—Morning Herald.

We have elsewhere stated our belief that the
course to be pursued by the government upon the
Irish Tithe Bill is wholly unsettled. We have now
heard, however, and are able to state positively, that
Lord Althorp has announced the plan by which it is
hoped that the administration may for the present
elude its embarrassments. Lord Althorp avows
that he is for himself prepared to support Mr.
Ward's resolutions ; but he confesses that as a body
the Cabinet of which he is a member is opposed to
them. We have then a section of the Cabinet ready
to confiscate the property of the Irish Church, and
a section of the Cabinet determined to maintain it.
And what is the result of a difference so direct
upon a question so momentous ? It is pro-
posed to refer the matter to a Commis-
sion !! ! Gracious Heaven ! Are we,—in order
that an administration united only by common love
of place and common consciousness of incapacity
may be kept together,—are we, we ask, to be in-
sulted by the mockery of another job ? Is a ques-
tion which every pious man contemplates with fearful
reverence to be stripped of its sanctity by the im-
pertinence of Mr. Commissioner Hogg, or the im-
morality of Mr. Commissioner Cockburn? We
cannot believe that the House of Commons will
tolerate this mummery. To what secular purposes
ecclesiastical property may be best diverted may be
'indeed a question for commissioners to discuss ; but
the right so to divert it is a point on which Parlia-
,ment needs no instruction. Will it not be ludicrous
'to v;.ee the.ilisputes of Lord Althorp and Mr. Stan-
ley referred to the arbitration of our Buckles and
Drinkwaters?—.2llOrning Post. .

The declaration which we stated to have been
prepared for presentation to Earl Grey, expressive
of the continued confidence of certain Members of
the House of Commons, has been presented to the
noble lord, and has been answered by him. His
Lordship's reply has given great disgust to many of
those by whom the declaration was signed. His
Lordship complains of the difficulties under which
he labours in consequence of the " pressure from
without," and speaks of the impossibility of carrying
on the Government unless he is relieved from that
pressure. He describes himself as " too full of
years and of infirmities to desire a continuance of
power from any personal considerations." He de-
clares that he only retains office in the hope that
his retention of it may keep his political associates
together ; and protests that he will only retain it
so long as he shall continue to receive the support
of the united party by which he has been hitherto
assisted. The tone of the answer is throughout
angrily querulous and nervously conservative.—
Morning Post.

COURTMARTIAL ON CAPTAIN HUGH
PIGOTT, R.N.-SIXTEENTH DAY.

The officers of the courtmartial on Captain Pigott
reassembled at the usual hour on Saturday, on board
His Majesty's ship Hastings, at Sheerness, and as soon
as the court was opened it was crowded. Increased
interest appeared to be excited in the proceedings.
The first witness called was Lieutenant James
Kennett Wilson, of the Royal Marines, formerly of
His Majesty's ship Barham, and examined by the pro-
secutor upon the 7th charge.
Lieutenant Walker—Was I in the habit of being
received as a guest at the Barham's gun-room mess
during the time the Alban was in the Bosphorus ?
Witness—No.

Lieutenant Walker—Was there anything disgrace-
ful in my conduct that caused my exclusion ? Wit-
ness—Not that I am aware of.

Lieutenant Walker—Did yOu ever give me an in-
vitation ? Witness—No.
Lieutenant Walker—Did Capt.aiu Pigot prevent
you from asking me on board the.Parham? Wit-
ness—Certainly not.
The tenth charge was then called for, and read over
by the JUDGE-ADVOCATE :
" For conduct injurious to the service, in refusing, dur-
ing the time the Alban's hold was cleared whilst she was
being painted, to allow her mainmast to be lifted alongside
for the purpose of clearing the after mud-holes of the Al-
ban's boilers, this being necessary for their preservation,
and there being no spars on board the Alban with which
sheers might be erected."
After the charge was read, the Court was ordered
to be cleared, and upon being re-opened the prose-
cutor was informed that it could not be gone into, as
we understood, from informality, no date having been
mentioned in the charge.
'The JUDGE-ADVOCATE then read the 11th charge :--
" For conduct injurious to the service in not permitting
me to provide, and neglecting himself to do so, my supply
of coals during the period the Alban was under his orders,
though well aware how rarely they were to be procured;
and in preventing, till the moment of the Alban's depar-
ture (the 17th of July, 1832), the taking on board a quan-
tity of English coals which had been procured from Smyrna
by order of Captain Grey, of the Acteon, which were by
his, Captain Pigott's, orders placed till that period out of
the second master's control, on board Turkish vessels at
Constantinople, from whence a considerable portion was
purloined, and coals of an inferior quality substituted, in
consequence of which neglect it became necessary to obtain
la quantity of coals from the private stock of the purser of
his Majesty's ship Vincent, at Nauplia, in order to enable
the Alban to effect her passage to Malta."
Lieutenant Walker was then sworn and deposed as
follows :—ln reference to this charge, I have to state
that in consequence of the great scarcity of coals at
Constantinople the Alban had been lying inactive, and
I had requested the Consul and British merchants
there to apprise me whenever a vessel arrived with
coals for sale, which they did as many as three or four
times, and I communicated the same personally to
Captain Pigott. Upon one of these occasions I stated
that I thought the price demanded was excessive, in
which opinion I believe Captain Pigott concurred, and
as we had then a tolerable supply of coals on board, or
at the ambassador's, and I believe also a supply from
Smyrna, none were purchased ; but subsequently a
considerable consumption took place upon two occa-
sions of towing the Turkish fleet, and a third of tow-
ing a ItUssian brig of war into the Black Sea by
Captain Pigott's orders, and on other services. I re-
ported to Captain Pigott that I was apprehensive
;there were ,not sufficient coals to carry,
.me back to
Malta. His merely said, " Very well, when neces-
sary I will give the orders ;" and on one occasion he'
rebuked mo, said that I was troublesome, and desired
me not to interfere, or words to that effect, but I can't
state the precise words. He took no steps himself
until the very day of the Alban's departure when I re-
ceived an order to procure some. I inquired at Mr.
Hardy'soffice, also at the Consul's, and was told there
were no coals to be had. I had more than once repre-
sented to Capt. Pigott the difficulty of obtaining coals
at Nauplia, if not the impossibility ; upon which he
said he didn't care about getting coals there, so long
obtained
s I had
some
e otao carryl
coals from
me
omtw to
o TNuarupki lisha.
vessels,
I afterwards
which
were of a good description-, but on the Alban proceed-
ing to Constantinople on the 17th of July, and hauling
the two vessels alongside to take the coals out, some
of them were discovered to have been changed for
coals of an inferior quality, not fit for the use of the
vessel. The Alban being at the distance of a dozen
miles at least from the vessels at the time the coals
were on board, they were out of the second master's
control ; the consequence was, that a great portion of
them was taken away, and others of a very inferior
description placed in their stead. On arriving at Nau-
plia, though Sir H. Hotham had procured a quantity
of coals which he sent aboard by the St. Vincent's
boats, there was not sufficient remaining for the con-
sumption on the average duration of the passage from
Nauplia to Malta. On my representing this to Sir
H. Hotham, he directed his purser to supply me with
an additional quantity, about a day and a half's con-
sumption, from the stock he had brought out for the
ship's use, for which the second master gave him a
receipt.
By the COURT—Were the coals measured? Lieut.
Walker—l do not know.

Sir J. GORDON—How did you ascertain that the
coals had been purloined, and others substituted of an
inferior quality ? Lieut. Walker—Because the coals
were of a different description, and of a very inferior
uality ; also in consequence of a conversation with
Captain Kelly, the commander of a Turkish steamer,

and a-man named Rossi, employed by the British
Consul.

Captain Shiffner—Did you apprehend any such
trick as the change of coals you have spoken of being
played on board the Turkish vessel? Lieutenant
Walker—No.

By Captain Pigott—By whom were the coals re-
moved from the Turkish to the English vessel ? Lieu-
tenant Walker--By the Barham's men, as reported
to me.

Captain Pigott--How long was it before the Alban
sailed that I rebuked you about the coals? Lieutenant
Walker—l imagine a month at least.
Some other evidence was then adduced, after which,
the usual hour having arrived, the Court adjourned.

- - --
COURT OF KING'S BENCH, MAY 31.

THE KING V. -__.

Mr. DUNDAS showed cause against a rule obtained
for an attachment to issue against a person residing at
Birmingham, for not attending the Quarter Sessions
at Warwick, pursuant to his subpoena. He contended
that this court could not grant such an application to
enforce attendance upon a subpoena not issued from
the Crown Office here, but from the Court of Quarter
Sessions. The subpoena was therefore the process of
an inferior court, and this court could not interpose
its authority to enforce it.
Mr. HILL, in support of the rule, insisted that the
fact of the subpoena not issuing of the Crown Office
made no difference in the case.

The COURT were clearly of a different opinion.
Rule discharged, but without costs.
HALL V. MAULS AND ANOTHER.

Mr. R. V. RICHARDS showed cause against a rule
for issuing a prohibition to stay proceedings which had
been taken in the Ecclesiastical Court to enforce
payment of a church rate in the parish of: St. James
and St. Jacob, Bristol. There had fdlnerly been a
close select vestry in the parish ; but Utterly the in-
habitants-had, under the provisions of Sir John Hob-
house's Act, obtained an open select vestry. They
had in 1832 proCeeded to an election of ve4trymen,
and partly complied with "the provisions of that 'act,
but had not pursued the election for three consecutive,
days, but had adjourned over, one of the
three days, at
'that day hid been appointed by the Crown for a
general fast 'in consequence of the prevalence of the
cholera. The old select vestry insisted, therefore,
that the election was illegal, and claimed still to be
themselves the vestry of the parish, and had made
rates, to enforce the payment of which these proceed-
ings iq the Ecclesiastical Court had been instituted.
The other vestry had on the other hand declated that
they were duly elected, and had acted as a vestry, so
that there were two vestries in the same parish.
Rule for a prohibition absolute.