The Sun.
London, England, 1869-05-01 00:00:00

SPIRIT OF THE PUBLIC JOURNALF:, THE GREAT CONVENT WE.

The Saturday Review, in discussing the present On Friday, in the Court of Queen's Bench, the convent
aspect of the Irish Land Question, remarks that case, "Saurin v. Starr," was again brought before the
it is impossible to say whether the aimless and cold- judges. The Lord Chief Justice (Sir A. Cockburn) took
blooded assassinations which now make Tipperary his seat once again on the bench. Mr. Mellish was called
worst than Calabria or Mexico, are due in any upon to go on with the case. The judges on the bench
degree to the declarations of the present Government besides the Lord Chief Justice were Mr. Justices Lush,
about the land. It is easy for Opposition speakers to take Hannen, and Hayes. The counsel present were Mr.
-one side, and for Government speakers to take the other, Hawkins, Q.C., Mr. Mellish, Q.C., and Mr. C. Russell
but the simple fact is that the very best-informed Irish- for the defendants.
men are wholly at a loss to account for the recent burst of Mr. Mellish said in the case of "Saurin v. Starr," for
agrarian outrage. Anyhow, Mr. Gladstone and his col- which there was a verdict for the plaintiff, damages
leagues are responsible for the general expectation, with £5OO, which was to be reduced to £2OO if there was a
all its attendant excitement, that the present Government restitution of something from Bagot-street, Miss Saurin
intend to do something as regards, not only the Irish now seeks in the Court of Chancery to have it declared
Church, but Irish land and Irish education, such as no that the property of Boot-street may be valued, and the
Government has wished or dared to do before. They have property be distributed amongst the members. He appre.
assigned themselves the task of entirely remoulding the headed that the damages must be reduced to the £200;
policy of England towards Irelabd. Whether this task is and that she must not he entitled to anything in respect of
beyond their strength, and whether what they may here- a division of any property. He should move on the third
after propose will be wise and acceptable to the country, and fourth count for a new trial.
time alone can shew. It is sufficient for the present that The Lord Chief Justice :My attention was not called
the measure with which they have begun is bold, states- to it.
manlike, and successful. That they could have -dealt Mr. Mellish said be was sorry that he had not done it.
with more than one great Irish question in a session He was also instructed to move for a new trial for a verdict
,is quite impossible, and no one except a peer full against the evidence. One of the grounds for moving is
of the bitterness of Tories in opposition, or of that in the suit in Chancery it is treated that this suit is
the deeper bitterness of neglected Whigs, can dot. finally disposed of ; and if he did not move it would
that they were right in dealing first with the Church. be taken for granted the defendants acquiesced.
According to the principles of the Liberal party, the The Lord Chief Justice said there was matter for con-
existence of the Irish Church in its present form is alto tradiction and explanation, and it was left for the jury to
gether wrong. It is a thing quite indefensible, and decide on it, and they decided against it by impression. He
opposed to all the doctrines that the Liberal party spend found that he must remove the impression of the Solicitor-
their lives in asserting, to maintain by the exercise of Im- General's speech. The effect of the verdict gave £2OO
perial power a Church symbolical of hatred for the religion damages to the plaintiff for being compelled to leave the
of a conquered people. Until this wrong is remedied, religious establishment, and £3OO for what she had paid
other questions between Ireland and England cannot, from into that establishment. He thought Mr. Mellish would
the Liberal point of view, be approached with an easy would have to urge his objections in Chancery.
conscience. We know that we are wrongdoers in one Mr. Mellish said he should move for a new trial on the
material point, and we cannot discuss other points freely. ground of verdict against evidence on the third count of
Some day, perhaps, the discussions between Ireland and the declaration, in which the plaintiff was alleged
England may reach a stage when Ireland will ask what to have been deprived of benefits of establishment.
England cannot grant, what her honour or her care for her That was a matter of fact. The first question
own safety will forbid her to conceive. Irishmen must to consider was whether Miss Souris, had kept
then be made to understand clearly that they are not going the vows of poverty, chastity, and obedience
to get what they ask. Firmness, and, if necessary, the which were exacted of every nun. There was to be
extreme of firmness, must be shewn. To yield out of lazy absolute obedience to the mother superior as though
good humour, or under the influence of a dreamy senti- it was the voice of God. Besides the plea of not
mentalism, everything that cliques of noisy, ignorant, guilty, the plaintiff was not a member lawfully entitled to
fanatical Irishmen choose to ask, would be equally de- the advantages and privileges—that is, being fed and
grading and disastrous to England. But how should we clothed. This is a conventual establishment for the mesa ,
have the heart to be firm, how could we feel comfortable bers to remain there for their natural lives.
in putting forth the strength of England, if we knew that Mr. Justice Lush : Until they like to go away.
at the time we were doing a wrong to the Irish people ? Mr. Mellish : This is a contract the law of England will
The great use of settling the Irish Church question at not enforce as against the nun, who entirely subjects herself
the outset is that the Liberal party will then have to the will of the superior. But this is a contract between
qualified itself to discuss, without fear or self-reproach, two persons, the plaintiff agreeing that she would stay
all other Irish questions, or to consult the interests of the there for the term of her natural life.
Empire rather than to earn the fleeting gratitude of haw Mr. Justice Lush : Could Mrs. Starr (supposing Miss
tiable Irishmen.
Saurin left the convent) sue her for breach of contract?
The Spectator says there is one Idea running through ' Mr. Mellish : I contend that she could maintain an
Mr. Newdegate's mind, and that of a great many worthy action for breach of contract. In the course of his further
people in England, for which we could never account, argument Mr. Mellish referred to the statute of George
and that is, that an English Catholic must necessarily 111., which repealed the penal laws against Catholics.
be at heart hostile to the dynasty. He would not, he On the passing of the Roman Catholic Emancipation Act
said, trust Dr. Manning with any secret affecting the these disabilities were removed ; but there were certain
Royal Family. Why not? That an Irish Catholic restrictions against the founding of ecclesiastical
should be disloyal out of some hope of founding a separate establishments, and especially against the taking
Irish State is conceivable, though, as a matter of fact, of vows, which was considered a demeanour.
Irish Catholic bishops no more wish for an Irish Republic But this was not to affect females who
than Mr. Newdegate does; but what conceivable or were excluded by this prohibitory clause; and if the
inconceivable motive should induce an English gentleman law did not exercise any restrictions at present, the law
of Catholic opinions to prefer a Republican regime to that still remained in force, but he apprehended it
of Queen Victoria? Because, Mr. Newdegate will reply, would never now be enforced. The progress of
that is the interest of Rome ; but why is it the interest legislation bad been continued to remove all
of Rome ? It is the interest of the Papacy, no doubt, those -disabilities ; and were it not that the law would
that England should he converted, and that it should never be enforced against them, a fresh statute would
cease to be friendly to Italy, and that it should be dis- have been introduced ere now to repeal those which at
posed to support the Temporal Power; but which of nresent may be said to have no existence.
these objects would be promoted by killing or terrorising The Lord Chief Justice :Do you say that the present
the Royal Princes ? The alternatives in this country are law will not touch a monastic establishment if it has for
not, as they once were, a Protestant dynasty or a Catholic its objects religious education ?
King; but a Protestant dynasty or a sovereign House of Mr. Mellish : Yes, my lord. Having passed in re-
Commons, which, if we know anything of our country- view the other Acts on this subject, the learned counsel
men, would reflect Protestant suspiciousness quite as contended that the evidence at the trial was against the
strongly as the present rule, and would be far more ener- verdict. In reference to the alleged libel, the defendant's
getic in its dislike for Papal pretensions, and far more counsel objected it was not proved in the properway. There
disposed to sympathise with the sentiment which Catholics was an imperfect deposition, and the Lord Chief Justice
denounce as " Garibaldism," and which would, by its not having allowed us to amend, the question is whether
mere existence, give a tremendous impetus to the " Red" we are not entitled to a new trial on that.
spirit of the Continent, the spirit which Rome dreads with There was scarcely a single important statement in the
A dread that turns her boasted wisdom into folly, induces deposition of the uncle which was not contradictory. The
her to throw away her last chance of supremacy in the learned counsel then pointed out those matters which he
world—an alliance with the European democracy. Does considered contradictory. It was perfectly untrue that the
Mr. Newdegate think that the author of the Syllabus plaintiff wasremoved from thepaltryallegationsagainsther.
really wants republics ;orif he does, why does he dread Now take the case that she is dissatisfied with her veil,
a Power which, on that theory of its objects, must be at clothes, and boots. This was met by Mrs. Starr, who
once imbecile and inconsistent? The Irish Catholics are, stated that she wilfully tore her veil and asked for a new
by the accidents of their position, Liberals—though the one; and she was always asking for more clothes than the
Irish character is inherently and strongly Conservative, rest of the Sisterhood.
over-prone to reverence and to loyalty—but the English The Lord Chief Justice : All the depositions were sent
Catholics are, except on Church questions, born Tories of by the defendant to the bishop.
the least manageable kind, loyal to authority, reverential Mr. Mellish said Father Matthews charged Mrs. Starr
of tradition, proud to contentiousness of pedigree and with sending depositions to the bishop maliciously-
position. Why, on earth, should they, of all mankind, The Lord Chief Justice : The Solicitor-General asked
wish to overset Queen Victoria in favour of Jr.a Bright? for copies of depositions of what tock place before the
The Examiner and London Review says that now that court of inquiry, and at my suggestion the defendants
the horse has been stolen, the directors of the Great very fairly gave them up.
Central Gas Consumers' Company have issued an official Mr. Mellish : There were depositions of Father
report upon the method of the robbery. A more helpless Matthews which were not contained in the count against
picture of generalimbecility than is offered by this document the defendants, and I believe the jury assessed the
it would be difficult to imagine. From beginning to end, damages partly on the ccunt and partly on the depo-
it points out the perfect infallibility of the system under sitions ; and I submit that that state of facts entitles me
which the accounts of the company were regulated ; and to a new trial.
yet the fact is not the less apparent that a clerk who The Lord Chief Justice : I think you may take your
rejoiced in a salary of £145 a year was able to abstract, rule on the reduction of damages.
during the long period of seven years, a sum of over Mr. Mellish :In case I should not succeed on that, I
seventy thousand pounds, without incurring the least sus- should like to have a rule for a new trial.
picion. Not only do the directors designate the company's The Lord Chief Justice : I should be very sorry
method of book-keeping as " a perfect system of check," 'to have that cause tried before me again. The
but the auditors "state that they are unable to suggest plaintiff had the benefit of these depositions,
any improvement in the system of the company's as part of an alleged conspiracy, and therefore she no
accounts." Of course, the one admission is the corollary doubt had the benefit of them in the damages awarded of
of the other, for you cannot improve that which £5OO. I think the jury intended everything to be included
is perfect ; and yet we are of opinion that the in that.
company's system did not quite reach perfection, or Mr. Mellish : I should like a special rule, with power
else the £70,000 would not have disappeared unobserved. to reduce the damages from £5OO to £2OO.
Another suggestion, in the opinion of the Examiner, de- The Lord Chief Justice :I do not think that can make
serves attention, It is, that Higgs was placed in great any difference in the Court of Chancery, where the
temptation by the inadequacy of his salary to his respon- equities will be decided without regard to the finding of
sibilities. A man of fixed moral principles and strongwill the jury.
would, of course, allow no such considerations to interfere Rule granted accordingly.
with his probity ; but Higgs was not one of those. Nay,
to speak frankly, it would be very hazardous to say what
proportion of men, finding themselves in Higgs's position,
might not snccumb to the great temptation of it. Heaven
forbid that we should say one word in excuse of Higgs's
wanton and gratuitous thievery; but, on the other hand,
we do not consider that the directors should have been so
much surprised, as they appear to be, at his departure
from the paths of rectitude. Above all, it is in
hensible that they should not have seen any indice?l7ren.
that Higgs was living at more than £145 a year a'ioTheir
confession, as we say, is on the whole, a humiliating docu-
ment. It leads us to doubt those notions of the superhuman
quickness and keenness of City men which are current.
Dogberry'wished much that some one should write him
down an ass; but the directors of the Great Central Gas
Consumers' Company have been content with publishing
their report.

ABOLITION OF THE HEAPED MEASURE.—In the
Yorkshire towns it has always been the custom to sellfield
and garden produce by quartern, peck, and bushel, the
diversity of shape of these measures giving the dishonest
salesman the power of defrauding the customer—usually
the poor, who buy in small quantities—to the extent of
10 or 20 per cent. The practice was rendered illegal by
the Act 5 and 6 William IV., c. 63, s. 7 ; but the Act has
never been enforced. The glaring robbery practised on
the public by the heaped measure system has become so
patent that the inspectors of weights and measures are
enforcing the Act. Time, however, is being given to pro-
vide weights and scales. In the Malton market
no measures will be allowed after Saturday next, notice
to that effect having been issued by Superintendent
Gregory.

The John Bull declares that the debate in the Rouse of
Lords on Tuesday was remarkable for the vigorous speech
of the Earl of Derby, with whose conclusions as to life
peerages we most thoroughly agree. The Liberal papers
endeavour to make capital out of the fact that the bill
was read a second time, and argue that practically it has
become law. But this is far from being the case. The
Earl of Derby, the Earl of Malmesbury, and Lord Cairns,
distinctly reserved to themselves the right to vote against
the bill on the third reading, if its provisions were not
modified in Committee. The summary manner in which
Earl Grey's bill was treated may serve to shew that their
lordships will not allow their privileges to be trifled with ;
and the Liberal papers may be satisfied that the bill of

AN IN CAIITIOCrB TRAVELLER. —T IVO men, named
Icard and Palanca, have been tried at Nice for attempted
murder and highway 4obbery. The prosecutor, Pellegrini
had crossed the frontier of Italy into Franc,. on the
evening of the 27th January last, and having ,•ed into
conversation with the prisoners, who were t ling in
the same direction as himself, impruden,
that he was on his way to purchase cattle. them
a fter.
wards he was walking a few paces in advanc4. ,s com-
panions, when !card fired a pistol, wounding ,in the
head, and the two accused followed up the . ack by
striking him with the same arm and with a heavy -tone on
the skull until they supposed him to be dead. 'They the'
commenced rifling his pockets, but were interrup-ed by a
labouring man named Albert, who had witnessed the
struggle, and hastened to render assistance. They then,
took to flight, but were shortly afterwards arrested, when
hiding in a stable. Icard, who had already undergone
several previous condemnations for acts of violence, was now
sentenced to death, and Palanca to twenty years hard
labour.

Earl Russell, as it stands, has no chance of becoming law.
Modified, so as to extend the principle of a bill suggested
by Lord Derby himself more than ten years ago, it prob-
ably will become law ; but we take the opportunity of

urging on our hereditary legislators that an active dis-
charge of their duties, more frequent interpelletionsof the

Ministers, longer sittings, and more constant participation
it legislation, are the surest ways to increase that strong.

A. SPIRITUAL CRITIC. —A gentleman who called
at our office on Thursday last has made known to us his
experiences of spirit power. He states that he is nerei
under the necessity of calling in the services of a medical
man, for whenever he has the misfortune to be: ill the
spirits give him advice, upon which he acts, and he it
cured forthwith. A friend of his, who was given over
by the doctors, was cured by the prescription of s
spirit, made known to him by a child medium. He
once had an interview with a clergyman who was
loth to believe. The Mowing Sunday he
went to the church where the rev. gentlemar
officiated, and sat near the pulpit. While the sermon
1.41 e Weekly I:egister understands that Mr. Welds was in progress, the spirit raps were heard witl
the newly appointed Governor I,r West Australia, is to be g,Tat distinctness and frequency. Sometimes they ex
be kuigLte(l. pressed approval, sometimes disapproval. The next day
CABINET COUNCIL.—At the Cabinet Council held the clergyman asked what the raps signified. "The spirits
at Downing-street on Friday, the Ministers present approved when you spoke of the loving-kindness of the
were the Right Hon. W. E. Gladstone, the Lord Chan- Deity," was the reply ; " but when you spoke of hell-firc
cellor, Earl de Grey and Ripon, the Earl of Kimberley, and such matters the raps became loud and-anzry,
the Right Hon. H. A. Bruce, the Earl of Clarendon, Earl intimating extreme displeasure." If it would not hri
Granville, the Right lion. E. Cardwell, the Duke of presumptuous on our part ti offer a suggestion to s
Argyll, the Chancellor of the Exchequer, the Right Hon. sprit, we should respectfully urge that in future-it wouk
Hugh Childers, the Eight Hon. J. Bright, the Right Hcn. be bettor, when a cler7,ymanpreached a bad sermon
G. J. Gosehen, the IKarquis of liar#ustua, said ALJWIS to' raj?, n 0 pulpit, taki ignu!l4l,---2'44 Avcrt
xfiasaiduatx •

hold on the affections of the people which the Howe of

Lordsalready possesses, as affording the surest guarantee

for tempered freedom, and the best bulwark against rash
changes. Let us hope that the Colonial Secretary will
prove alike his own consistency and the inherent wisdom
of the House he leads, by repeating, on a suitable occa.
sion, his assertion, in a former debate on life peerages, so
well recalled by Lord Derby, that "it would he considered
both in this House and the country a serious blow if the
nntnher of the lores spiritual were to be diminished even

by the removal of a slog,le. prelate."