The Sun.
London, England, 1860-12-01 00:00:00

instance the capture was as accidental as it was fortunate.
But "where one form so highly organised has been met
with, it is only reasonable to assume that other correlated
forms may also exist; and We may, therefore, look forward,
at no t ety distant period, to the discovery of a new sub-
marine fauna frequenting the deeper fastnesses of the ocean,
which, whilst furnishing a new field for research for those
who are content to seek after novelty, shall also throw
a gleam of light on the geology and palaeontology of the
globe."

not rather promote indifference to all religion, and weaken
Catholic faith, which ought to be as firm as the rock on
which the Church is built ? Is it to be expeetel that a sys
tern that excludes the hallowing influence of Heaven will
produce good fruits ? You will point out to your flocks the
answers which should be given to these questions, and ex-
plain to them the dangers of making experiments neon faith
and morals. It is our duty to inculcate the doctrine that
we have only one really important and necessary business
on earth, the salvation of our souls ; that we are to sue
teed in this business by the knowledge and practice of our
religion, and that, so far from banishing the hallowing in-
fluence of piety from our studies, we should endeavour to
sanctify them by offering them to God, and by uniting
them with prayer and pious practices. If God be not kept
continually before the eyes of children—if his precepts and
doctrines be not frequently inculcated on them—if they be
taught to forget faith in the time of study—if they find no
mention of its doctrines in their books, the'great probability
is that they will grow up without proper religious senti-
ments. Are Irish Catholics ready to expose their children
to such dangers? Will they not rather make every effort
to give them truly Christian and Catholic education ? For
what doth it profit a man to gain the whole world, or to
acquire even the greatest knowledge and learning, if he lose
his own soul ? Having referred to mixed schools, you will
allow me to say a word on mixed marriages. There are
innumerable proofs of the dangers with which they are
fraught. I could point out many instances in which all
the offspring of such marriages have been educated in
error by the Protestant parent or have been brought up
with so little attachment to the Catholic Church that they
have apostatised at the first wind of temptation. There
has been a late case before the world, in which a woman is
stated to have sworn to her own disgrace, and to have at-
tempted to get her own children declared illegitimate,
in order to educate them as Protestants, though their
father had expressed his dying wish to have them educated
Catholics. Such examples fully confirm the wisdom of the
Church. She has repeatedly declared that she abhors and
detests all such mixed marriages, and she wisely cautions
her children against contracting them lest their faith and
that of their offspring should be lost. Instruct your flock,
reverend brethren, upon this important subject, and teach
them to prefer upon every occasion the salvation of their
souls to the prospects of influence, earthly power, or riches,
when such things are to be acquired by the transgression of
the laws of the Church. It is not necessary for me to exhort
you to offer fervent prayers for the Church and for the wel-
fare of our Holy Father during the approaching novena.
Prayers and confidence in God were never more necessary.
The Church is subjected to most violent persecutions, and
the Pope has been robbed of those dominions which were
given to him by the charity of past ages in order to render
him independent in the administration of ecclesiastical
affairs. ,The enemies of our religion are now clapping their
hands in exultation, and rejoicing at the expected downfall
of what they call Popery. We, as Catholics, trusting in the
promises of God, feel that the hopes of the wicked will be
deluded, as they have been so often in past times, and we
cannot entertain any fear about the final triumph of tb e Pope
and the hoiy Catholic Church. We know that the Church and
her ministers may suffer severe persecutions and trials, be-
cause such is the lot of the just who walk in the footsteps of
Jesus Christ crucified ; but we also know that the Church is
built upon a rock and cannot be destroyed, and that Peter aid
his successors have been constituted the foundation of that
Church, and commissioned to confirm their brethren until
the end of time. Though without fear for the result of the
present contest, yet it is our duty to pray for our good
Father, who has on him the solicitude of all the churches,
and who is always watching for the salvation of our souls ;
it is our duty to pray that God may shorten the days of his
tribulation and restore peace and happiness to the afflicted
world. One of the greatest dangers to which the faithful
are exposed in the present struggle between light and dark-
ness arises from the perversion, now so common, of all re-
ceived maxims of right and wrong. Indeed, in order to jus-
tify the attacks made on the Church and the'Pope, every
effort is now made to set aside the great principles on which
society depends, and even the great fundamental command-
ments of nature and of God. The writers of the public
press of England are loud in their praises of the rebels and
freebooters of Italy for having seized on the private
property of many communities and deprived the Pope of
his legitimate possessions, and thus they proclaim that the
commandment of God, ' Then shalt not steal,' is annulled.
The same writers have excited the various populations of
Italy to rebellion, and praised them for the perfidy and bad
faith with which they have acted towards their legitimate
sovereigns, thus overthrowing that obedience and respect
to lawful authority so often inculcated in the Scripture, and
so necessary for the existence of civil society. There is
another dangerous maxim very commonly inculcated—
namely, that success justifies every undertaking. The ene-
mies of the Pope have been successful ; therefore, we are
told, their cause was righteous, and they are to be applauded.
Again, tiey say, the Pope has been defeated, and therefore
his cause must have been bad. The same principle is often-
times applied to ourselves; our religion, we are told, is false,
and we are all wrong because we are poor ; while. the Pro-
testant religion is true, because the Protestant establish-
ment is richly endowed,and because Protestants are rich and
successful in trade. It Is scarcely necessary to discuss such
pretensions. If they were founded on truth we should ad-
mit that when the Turks, at no very remote period, kept
all Christendom ill terror by the power of their arms, Ma-
hometanism was true and Christianity false ; we should also
admit that a successful robber would be justified in keeping
his prey, while he who had been robbed could not lay claim
to have his property restored ; or that a merchant who en-
riches himself bycheating his neighbours and by using false
weights and measures is worthy of all our applause, while
the poor unsuccessful honest man deserves nothing but in-
sult and reproach.
" The prosperity of the wicked is oftentimes an occasion
of wonder and even scandal to the just. The prophet Jere-
miah himself asks—' Why doth the way of the wicked pro-
sper? Why is it well with them that transgress and do
wickedly.'—Jer. xii. 1. To the reflecting and instructed
Christian the answer to these questions is not difficult ; for
we all know that we are not made for this earth, that our
permanent country is beyond the grave, and that the suffer-
ings of this world may be the best preparation for happiness
in our eternal home, while prosperity might turn away our
thoughts from heaven and fix our hearts on earth and
earthly things. To show that prosperity is not the test of
the approbation of God it is sufficient for us to consider for
a moment the life of our Divine Redeemer. He passed His
days on earth in poverty, trials, and affliction, and He suf-
fered the severest agony and torments on the cross ; yet He
was justice itself, and His cause was the cause of Heaven.
The saints also suffered like their Master ; and if the Pope
now be in tribulation, he is only made like unto Him whose
vicar ho is on earth, and his afflictions have placed in
stronger relief his meekness, patience, charity, and the other
noble virtues by which he adorns the See of Peter. While
the most fatal errors subversive of piety and religion are
widely propagated, you will not fail, rev. brethren, to cau-
tion the faithful against them, and to teach your flocks to
look with horror on the wicked means now employed in as-
sailing religion. The history of the last few years will show
that hypocrisy, perfidy, treason, bad faith, lying, are the
arms employed in the unholy warfare carried on against the
Church and the Pope, and that all rights, human and divine,
and the most solemn engagements; are set aside with a view
of destroying•the edifice that has been raised by the hands
of Christ. The propagation of such maxims must necessarily
be productive of great evils, and it is useless for us to conceal
from ourselves that we are living in times of great-difficulties
for the Church, her ministers, and her children. Are we
then to give way to fear, or to despair about the final triumph
of religion ? God forbid I We may safely rest on that faith
which ovetcometh the world ; but it is our duty to look
seriously on the dangers by which we are surrounded, and to
determine to be more vigilant than ever in fighting the
battles of justice, and repelling the fiery shafts of the enemy
of mankind. In order to strengthen ourselves in this
struggle, let us have recourse with increased fervour to the
powerful intercession of our Heavenly Mother, the help of
Christians, the protectress of the Church, the advocate of
all the faithful. Let us lay our wants before her, let us in-
voke her in all our trials, and implore her to deliver us from
the evils to which we are exposed in this stormy world ;
above all, let us beg of her to protect us from the perverse
and wicked maxims now so widely spread, and to obtain for
us a strong and persevering attachment to the holy Catholic
faith, without which it is impossible to please God. The
grace of our Lord Jesus Christ and the intercession of His
Immaculate Mother be with you all.
" t PAUL CULLEN, Archbishop.
" Dublin, Nov. 21."

It has been repeatedly laid down as a law—and it is cer-
tainly one in which we have always had conildence—that
along the entire bed of the sea, wherever the depth is great,
the disturbing influence of currents cannot take place. The
evidence derived from some of the Bulldog's soundings
proves, however, according to Dr. Wallich, that this law,
although correct in a general sense, admits of exceptions.
"I would more particularly mentioa,' he says, " two in-
stances which indicate that currents do occur. In a sound-
ing taken in lat. 59 45 N, and long. 46 30 W, at a depth of
1,204 fathoms, basaltic gravel was brought up, the pieces
of which were so rounded and smooth that it is difficult to
assign any other agency by which they could have assumed
this aspect. In another sounding, taken in lat. 61 35 N.,
and long. 24 9 W., at 871 fathoms, although neither stones
nor gravel were brought up, another equally conclusive
proof of the action of a current presented itself. It is well
known that during volcanic eruptions the lava dust is fre-
quently transported by winds to enormous distances. At
the first glance I imagined that the occurrence of this
material at so great a distance from Iceland might be attri-
buted to this agency. But the detection of a great number
of dead shells of littoral species of Foramiaifera, although
it could not be said directly to negative this conclusion,
could clearly not have been due to a similar cause. They
must have been drifted to their position, probably from the
" Blinde Skier" rocks, which were about midway between
it and the mainland of Iceland. Although, therefore, it is
quite possible that some of the volcanic particles may have
been wafted across the sea by winds in this instance, it is
reasonable to conclude that the bulk, at all events, has been
transported by the current thus shown to be in operation."
This view agrees with that of Professor Bailey, who ex-
presses an opinion that particles of "pumice and volcanic
ashes" detected by him in soundings taken in 1849 be-
tween lat. 47 50, long. 52, and lat. 52 2 and long.
24 deg. 51 min. were derived from Hecla. Captain Maury
states (Physical Geography of the Sea, p. 26.5) that " th•
abraded appearance of these shells (alluding to the Forami-
nifera), and the almost total absence of the mixture of any
detritus from the sea, or foreign matters, suggest most for-
cibly the idea of perfect repose at the bottom of the deep
sea." Dr. Wallich considers that the validity of this con-
clusion is shaken in a great measure by the fact that along
all the most stormy coasts in every part of the world, and
even under the fullest influence of the tides, are to be found
living specimens of Foraminifera in abundance, the shells
of which are so extremely delicate in their structure as to
render it almost impossible to conceive how they can remain
entire for an hour. "Like the feeble reed which bends to
the stormy blast, these exquisitely formed organisms," he
says, "yield to the force of the wave, and defy its rude
anger."

We agree with Dr. \Varnch to a certain extent in believ-
ing that an accurate survey of the sea bed is the first step
that should be taken towards the economical and efficient
carrying out of any and every submarine telegraphic pro-
ject. Both the Red Sea and Atlantic lines afford notable
examples of the imperfect manner in which the survey of
such lines have hitherto been planned. There is, as he says,
no fact forthcoming to show that the rugged nature of the
sea bed adjoining the American terminus of the latter line,
on which so much light has been recently thrown in the
process of endeavouring to recover the wire, and also the
very sudden declivity present on the Valentia side, might
not have been wholly or partially avoided by the exploration
of a route to the north or south of that adopted. He adds:—
" This is indeed a grave question, inasmuch as a great deal
of additional labour and expense is involved in the necessity
for surveying, not a given line of sea bottom, but that line
which is bestfitted for the reception of the telegraphic cable.
It would be far from impossible to carry out such a survey
of the concealed depths of the ocean as should enable us to
plot out its plains and its mountains, its precipices and its
valleys, its smooth surfarers and slopes, or its serrated
rock-ridges. But such a survey is neither advocated, nor
is it all necessary. It is only necessary that something
more systematic than the steeplechase mode of determin-
ing a line should be resorted to—by the employment of
more skips, by the patient search for the route affording
the greatest facilities, awl by devoting at least an equal
share of time and attention to the discovery of depths and
the nature of the material of which the sea-bed is com-
posed. The rapidity with which submarine telegraphy is
being extended might thus receive a temporary check.
Large outlay might be entailed at the outset; but security
would eventually be ensured, and, to say the least of it, the
public would ponder well before it again consented to drop
a million sterling into the !mighty sinking-fund •of the
ocean." That there is much truth in these views of Dr.
Wallich cannot be doubted. But when the most complete
and careful surveys possible have been made there will still
remain this difficulty, viz., that the paying-out vessel can-
not be at all times sure of her position. On the contrary, it
must often happen, in passing slowly over hundreds of
miles of ocean, that she will get considerably out of her
prescribed course, and be unable, especially in thick
weather, to determine' her position with any approach to
accuracy. There is only one way, we believe, of averting
the consequences of this, and that has been suggested by
Mr. Reed, the surveyingmaster of the Bulldog, who pro-
poses that the paying-out ship shall be accompanied by a fast
steamer which, whenever it may be necessary, shall keep
in advance of the paying-out ship, and take frequent sound-
ings rapidly with a cod line and heavy weight, signalling
the depths obtained to the persons in charge of the cable.
In this way—and in this way only, in our opinion—can the
actual paying-out of the cable be accomplished with cer.•
tainty of success,

When the reports and other papers have been received
from the Fox, we hope to give further information ox this
important and national question,—the Telegraph to
America.

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THE SUN, LONDON, SATURDAY EVENING, DECEMBER 1, 1860.

LAW IN I ELLIGENCE—Nov. 30.

COURT OF COMMON PLEAS.

(Sitting at Nisi Prius, in Middlesex, before Lord
Chief Justice Erie and a Special Jury.)

KEMP V. NEVILLE.-THE CAMBRIDGE PROCTORS AND
THE SPINNING-HOUSE.

This was an action against the Vice-Chancellor
of the University of Cambridge to recover damages
in consequence of the plaintiff having, in January
last, been arrested by the officers of the university,
and locked up in the spinning-house, under
sentence of the Vice-Chancellor, for five days.
Mr. Edwin James, Q.C„ Mr. Lush, Q.C., Mr.
Hawkins, Q.C., and Mr. Couch appeared for the
plaintiff; and Sir F. Kelly, Q.C., Mr. O'Malley,
Q C., arid Mr. G. Denman for the defendant.
Mr. James, in opening the case, said, that the
question which was now to be submitted for the deci-
sion of the jury was one which had attracted a good
deal of public attention, and it was one which he
ventured to say was of extreme importance to the
liberty of her Majesty's subjects. The action was
brought by the plaintiff, a young woman ,of
character, of virtue, and of respectability, to
recover damages for what he should show was a
most unjust and most illegal stretch of the law, if
indeed, the Vice-Chancellor was clothed with any
such authority as that which was set up. lie
believed that it would not be necessary in order to
enable plaintiff to recover, that the jury should
upset the charters and customs upon which the
" proctorial system" was founded, for be submitted
that however good any custom might be, it must
be exercised according to the well-known prin-
ciples of English law and of justice. The
jurisdiction of the proctors was a very ancient
and a very diversified one, for originally
they had to keep the streets clean, to suppress
riots, and, in addition, to publicly flog the students
for bathing in the Cam ; but he was persuaded
that the custom, as claimed to have been exer-
cised from time immemorial, would not be able to
be made good, and that the unive-:•s-'_ty, out of whose
purse this action was defended, would be obliged to
rely upon their charters and upon the statute to
which reference had been made. The Universities
of London, Glasgow, and Edinburgh had no such
authority as that exercised by the functionaries of
Cambridge and Oxford, and he had yet to learn
that the students of these first-named universities
were less moral, and the towns less quiet, than
Cambridge and Oxford. Disputes had frequently
arisen in the last-named paces. In 1612 there was
an indictment for a riot, in 1,515 there was another
serious riot, in which a layman was killed. In 1827
there was another riot, and in 1765 there was an
action similar to this, in consequence of the autho-
rities having arrested a respectable married woman,
who recovered damages, though she failed after-
wards, he was informed, upon a point of law. The
verdict was recorded in the Annual Register, though
what ultimately became of the case was not recorded
in that publication. Assuming the custom and
charters of the university to be established, he sub-
mitted that the Vice-Chancellor had no right to
have a woman, as he had the plaintiff, into a pri-
vate room, and attempt to " torture" her into a
confession. Nor had the Vice-Chancellor any
authority to commit to a " private prison." for
such a place was net known to the law. The Vice-
Chancellor might as well have committed her to
his own private wine-cellar. (Laughter.) More-
over, the Vice-Chancellor had not only com-
mitted this plaintiff for a fortnight, but he had
afterwards exercised the prerogative of the Crown,
and pardoned her at the end of five days, at the
intercession of her friends. The prison being a
private one, he submitted that the Vice-Chancellor
was answerable for what took place there, for the
plaintiff being deprived of her clothes, and put
into prison clothes, and for certain questions of
a most disgusting character to a respectable
young woman, such as whether she had any
disease, being put to her by a medical man.
Miss Emma Kemp, the plaintiff, said—l reside
at Cambridge, at 4, Dover-street, with my mother.
I have no father living. I am a milliner and dress-
maker. In January last I knew Mr. Graham, of
Emanuel College. I had known him from July
previous. He invited me in January to join a
party at Shelford. It was to be a private party.
Mr. Graham had recently taken his degree. Shel-
ford is about five miles from Cambridge. The in-
vitation received included the young man to whom
I was engaged. He was to go with me. Harriet
Belt and my sister, who is 14 years old, were also
invited. We were to go in a " bus." There was
to be dancing at the party. We were to come
back by the " bus." We were to go at
six o'clock in the afternoon. We were to meet
the omnibus at , Melbourne-place, Parker's-
piece. My sister went with me, but the young
man to whom I was engaged did not go because he
was out of town. In the omnibus• I found two
' gentlemen, but the only one I knew was Mr.
Graham. There was also a " musicianer" inside.
On the road we picked up some other persons whom
I knew by sight. There were four of them. We
were to return about half-past eleven or twelve at
night. After these other persons had got into the
omnibus, and when we were against the town gaol,
going to Shelford, the proctor came and asked if
there were any members of the university there.
One of the gentlemen answered, gave his name,
and got out. This was Mr. Graham. Both gen-
tlemen got out, The proctor then asked where we
were going. No one answered. We then proceeded
to the spinning-house in the omnibus. I did not
know where we were going to. At the spinning-
house the omnibus was stopped, and the men
behind opened the • door. We were handed,
or rather dragged, out. We were all taken to the
spinning-house. I and my sister stood in the hall
some time, and we were then taken separately into
a room. The proctors were in that room. I was
asked by the proctors my name and occupation. I
said "Emily Xemp," and that I was a milliner and
dressma,ker. My name is Emma, but lam usually
called Emily at home. I told them where I resided,
and that I lived with my mother. The matron was
then summoned to take me to a cell. My sister re-
mained in the hall. I was taken to a cell alone.
The cell was a very small brick place with a jet of
gas and a bed. I was left in the cell. Next morning
my clothes were changed, and a coarse check dress
was put on me, and one flannel petticoat and a shawl.
It was very cold, and there was no fire in the cell.
For breakfast I had bread and cold tea. (Laughter.)
Stuff they called soup we had for dinner one day, and
potatoes and fat beef the other day. We had gruel
for food at night. I went into a room to see the
chaplain, who said he was sorry to see me there.
My mother came next day, and she asked if I might
be allowed to have a little ale, which I had been
ordered by my medical attendant. The matron
said, "No, it is not allowed." Atter my clotnes
were changed I was taken to a far worse cell, where
I was for four nights and days. The surgeon
visited me and asked me questions as to my health.
The surgeon's name was Fawcett, and I knew hiS
partner, Mr. Hough. I had worked for his wife.
When I was discharged I was told it was in con-
sequence of my mother having been to the Vice-
Chancellor. I had lately recovered from a
rheumatic fever. I was worse in health when

came out. My cell was not heated, as far as I
know. Ido not know who is finding the money to
go on with this action. I expect I shall have to
pay for it. I have had to pay My expenses up
here.

The witness was pressed a good deal, and hesi-
tated as to her answers upon this part of the case.
Mr. Edwin James said he would call the plain-
tiff's attorney, who would explain the whole matter.
Witness continued—l did not tell Rosetta Ayes
I would not choose partners for the rest, but that
the men should choose them as they got out of the
omnibus.

Re examined—Nothing improper has ever
occurred between me and Mr. Graham, nor has he
ever made any improper addresses to me of any
kind.

Mr. James—At the public-house did anything
improper take place between you and Mr. Vaughan?
Witness—Not that lam aware of. (Laughter.)
There was no connexion between us.

Mrs. Charlotte Looker—The last witness is my
daughter by my first husband. The day after my
daughter was taken to the spinning-house, I went
and asked to see the Vice-Chancellor, but they
would not let me. I put my foot in the door and
asked to see the proctors, but the matron said I
should not see anybody. I remained in the street
for half an hour. I saw the Vice-Chancellor and
went to speak to him but he took no notice of me.
Afterwards I almost thrust myielf into the spin-
ning-house. I said "Let me in, or I shall die," and
after a time they brought my daughter. I said
she had been ill with the rheumatic fever, and
asked that she might be allowed a shawl which I
had brought, and some ale, which the doctor had
ordered. The matron refused this. I cried very
much, and so did my daughter, and the matron
said she must lock her up if she made a noise. On
February 3 Dr. Pullen gave me a note to the Vice-
Chancellor, which I took. The Vice-Chancellor

said he had been making inquiries in the
neighbourhood as to me and my daughter. He
said he had got an excellent character, and he
would write a note which I might take, and that
my daughter might go home with me. I said I
would rather not take her home by daylight,
and she was discharged at six p.m., and was sent
home in a fly. I never knew the plaintiff go with
improper women. She always worked hard. She
never said that she had enjoyed her food better
than usual in the prison, on the contrary, I thought
she was half starved.
Mr. James called for the warrant under which
plqintiff had been confined.
Sir F. Kelly said he did not produce the warrant