The Sun.
London, England, 1866-11-23 00:00:00

IRELAND.

DUBLIN, Wednesday Morning.
The Rolls Court was again occupied yesterday with argu-
ments in reference to the supplemental charter of the
Queen's University.
Mr. Lawson, Q.C., resumed his speech, and declared that
the petitioners might as well complain of the Crown con-
ferring degrees on an altogether different body as adopt the
course they had done. No doubt they would have a right
to complain if the persons to be admitted to degrees were
to become members of the corporation ; but they could not
receive any such distinction, and therefore the whole foun-
dation of the petitioners' suit failed. Mr. Lawson proceeded
to show that the petitioners could not complain of any in-
terference with their rights, and cited authorities to prove
that unless they were injured as individuals by the act
with which they had found fault they had no right to com-
plain of it; that there was no one but the Attorney-General
who could take action in the matter on the part of the
public ; and that, therefore, the petitioners had no right
which would enable them to set the court in motion.

Mr. Sullivan, Q.C., followed on the same side. He began
by expressing himself as very much surprised at the man-
ner iu which Dr. Ball had argued some of the propositions
which he laid before the court. What was the meaning of
such phrases as the "autocratic masters," applied to the
senate of the Queen's University? He would venture to
say that in the whole course of equity proceedings no such
suit had ever been instituted. They were asked to restrain
the royal condescension in favour of the public at large.
In no country was there such a proceeding on record.
Though they were to search the books and records of the
darkest and most illiberal times, he would defy man to
point out a parallel to this proceeding. Mr. Sullivan then
proceeded to argue that in the creation of all corporations
there were two things to be borne in mind, and those were,
that, as the Crown could create corporations, so it could
also modify them.

Dr. Law—l appear here on behalf of several respondents,
my clients, Lord Bosse, and some of the minority of the
senate, to show the justification of the course upon which
they have acted.
Mr. Lawson—They have no right to appear here. They
can have no interest in it.

Dr. Law— I appear for special respondents, Lord Bosse,
the Bishop of Killaloo, Mr. Shillington, and others.
Mr. Sullivan—They are individual members of the
senate.

Dr. Law—We have taken the best advice, and we be-
lieve this proceeding of the senate to be illegal.
Mr. Dowse, Q.C.—I appear and say ditto with Dr. Law.
Mr. Harrison, Q.C., then replied for the petitioners. He
contended that the 13th section necessarily and ex ri ter-
mini vested in what they called the governing portion
of this body the power to perform that most vital
and essential act which belonged to the corporation
alone. If ever there was a case in which the full consent
of the corporation WAS necessary it was this. It was alleged
forsooth that this new charter was in favour of public right,
and to carry out those matters of policy which his learned
friend Mr. Sullivan said ho for ono would always stand up
to support. But there were many men who would be
found to stand on the other side, and if the intelligence of
the public were to be consulted, he thought it would be a
strong thing to say that the principle of united education,
which had been in operation here for the last 30 or 40
years, should be destroyed by any document such as that
ho held in his hand. The vital distinction between the
former charter and that of 1864 was, that in those of 1850
and 1852 the corporation was made to consist of the
chancellor, vice-chancellor, and senate ; whereas by that
of 1864 a new constituent element was introduced—namely,
the professors, graduates, and students. His lordship
asked what was the privilege conferred by that charter on
the students. He had hoard no clear answer. Mr. Sulli-
van had said, forsooth, that it conferred the dignity of being
a member of the corporation without giving the students
a voice in it. And, according to their argument, the senate
could tamper with, surrender, or destroy the constitution
behind their backs, or without the consent of the students
and graduates. It was contended that none of the new
graduates introduced by the supplementary
secondly,
rly7otuhladt
become members of the corporation ; and
they would not become members cf the convocation. And
it was admitted that if it could be shown that the effect
of the new charter would be to flood the corporation
with new members who were not contemplated originally,
the senate could have had no power to accept such
a charter, and that it would require legislation to effect
that end. But it would bo found on coining to consider
the charter more closely thst that would, in fact, be the
result of it. These new graduates after two years, could,
according to the terms of the definition of the members of
convocation in the charter of 1864, become members of
that body. Being members of that body they might be
elected to be senators, and, being senators, they were be-
yond all question members of the corporation. There were
no words in the charter of 1866 defining the members of
the corporation. They were necessary in that of 1864.
Why were they omitted in the supplemental charter ?
Was it in consequence of the hurry in which this docu-
ment, intended no doubt for a legacy, from which great
and lasting benefits were to bo derived by this country,
was launched so suddenly upon the world ? (A laugh.)
The Master of the Rolls—l do not offer the slightest
opinion on the merits of the case ; but, supposing you are
right in your construction of the charter, can I grant you
any relief at all ? Must not this petition stand over for
the Court of Chancery ?
Mr. Harrison—My lord, the necessity for the interlocu-
tory motion arose in this case from the course that the
senate has thought fit to pursue and adopt in this
case.at
They were cautioned when that meeting placetoo-
the
which the resolution was passed affecting 0
taec accept
ter-
charter not to do that act. They were cautioned
.ssume
wards against passing any rule wouldwhichdesp
despised in the
that that was a valid acceptance. Theyroot
and acts all
most contemptuous way by their cods
those warnings and cautions; and tro
Peg this very motion in
bar actually, their loading counsel
rules which they have p
this court. I can only ecLomdytol ocirat tat) t the
-saasystehdol7t:OlinntlitttelvrehnoTv hbaigvhe theirbeen
more decent for those gentlemen,
any
rules till your
station, to have refrained from tu
t 5
• ts in the p p
lordship's opinion had been
nthand there-
fore, their advertisements
examination on the at Jan., ere-
Iresntltibaet they are to hold
their matriculation
court—jurisdiction--the
01 lull!
tt
hh
ea tdNeVger
eareos
Luis
iP has
would be an injury to
frightore,uanaledstshraetsytroaninreihdoircdh
Li
we
say
may be conferred w
y would be committed before the
us, and the
inigyr- could possibly determine this case.
Court of Cof the Rolls
orfecad remarks
ns gb•ayi the
t _Master
c a s e
e
locutory motion, the further hearing was adjourned to
somehe Chancery
furtherernne
(*field, Q.C., applied yesterday in the Court of
n3lr. Bench*L°s n
for a writ of habeas corpus, directed to the
‘4,1.1e1,11
FonrAidthfateye.rin
governor Of Mountjoy convict prison, commanding him to
bring uP to-day the body of Denis Dowling _Mulcahy, in
order that he might join in a conciliurn to have the writ of
error set down for argument. The application was granted.
The report of the nomination at Belfast, as published in
the local papers, shows that Mr. M`Mechan received as little
mercy from his opponents on that occasion as ho did when
he attempted to make known his political principles at the
private meeting which he called.
. .

The Wexford election," writes the Evening Mil, "is
another proof that the politics of the hierarchy are distaste-
ful to the masses of Irish county electors. What Tip-
perary indicated in this respect Wexford corroborates, and
Waterford will, we trust, place ultimately beyond all pos-
sibility of denial. The contest was fought by Mr. Hennessy
at an advantage ; but his general ability, his readiness in
speech, his former Parliamentary labours, and his active
canvass, did not suffice to turn the scale. The energetic
manner in which the priesthood urged his claims drove
over, we have uo doubt, a number of popular votes to his

G 6 4,4

opponent. Ft is due to, Mr. Hennessy,boVelny, to ay that
ho bore himself throughout the contest unohjef...tionably,
and that several of his speeches were timely and highly
effective exposures of the insincerity of the anti-Irish
Bright and Cullen party. The tranquility which charac-
terised the progress of the election was slightly disturbed
in the evening, when a mob collected iu front of the court-
house and beat several of Mr. Kavanagh's supporters. The
appearance of the military, who were promptly called out
by the sheriff, was sufficient to overawe the mob, and the
disturbance was speedily quelled. The troops returned to
Dublin yesterday.

The cholera is declining here with gratifying steadiness.
The number of deaths attributed to that disease last week
within the Dublin district was 73, which shows a decrease
of nine on the number registered during the preceding
week. Ten of the cases occurred outside the municipal
•
boundary.

Experiments at Sho.tburyness•
--

Some experiments were made at Shoeburyness
yesterday before the Ordnance Select Committee
and some distinguished officers of the two services,
with a view to test a new turn-table and mechanism
increasing the lateral scope of heavy guns mounted
behind shields. An experimental shield was erected,
formed of planks, with three embrasures, and
within this shield a 13-inch rifle muzzle-loader was
mounted upon the usual carriage, standing on a
turning-table revolving on much the same principle
as those used in railway stations. The gun alone
weighed 23 tons, and altogether the platform had
to support a weight of close on 30 tons. It was
turned easily by a winch worked_by two artillery-
men, and the gun was thus removed from one em-
brasure to the other. The turn-table is 22 feet in
diaincter, and has " racers" of the usual radii and
length to carry the guns, these racers being pro-
longed for some little distance upon the solid ground
in order to give a greater sweep to the gun with-
out increasing the diameter of the turn-table. The
shield, which for actual service would be of iron,
really gives the segment of a ship's side with three
port holes, or the segment of a turret, of which the
gun alone revolves. This plan of land turrets, wfie-
ther wholly revolving—gun and shield—like those
designed by Capt. Coles for service afloat, or with the
gun alone so worked, may materially increase the
efficiency of our land defences. Unfortunately the
weather yesterday prevented the application of any
severe test to thisparticular constr action. One blank
cartridge was fired, and the turn-table worked freely
afterwards. But, 'owing to the fog that hung over
the water, it was impossible to see whether any yes-
sels were in the line of fire, and it was therefore
deemed unsafe to fire shot or shell. The chief dan-
ger to the proper working of the turn-table would
arise from concussion following the discharge of the
70th. of powder used in firing the 13-inch gun.
The liability to jambing after the explosion of this
heavy charge from a shotted gun must be tftted by
future experiment. A trial was to have been made
of the modified field service C percussion fuse, de-
signed by Captain Sleeson, 8.A., for Armstrong
segment sheik. The modification consists in the
general
service of the
percussionP rinprinciple of
fuse.of
the head of Pettman's
This experiment,
however, like the rest was prevented by the fog.
c

ORPHAN WORKING SCHOOL.

Yesterday the Lord Mayor presided at a special
meeting of the governors and subscribers of this
charity, held at the London Tavern for the purpose
of electing 10 orphans whose parents have died of
cholera.

The report of the committee of management
stated that that body at their first meeting after the
outbreak of cholera in the east of London, upon
mature consideration deemed it to be their duty as
the managers of an orphan asylum at once to offer
aid and assistance in order to mitigate, as far as
they possibly could, the distress of the suffering and
bereaved poor, by admitting at a special and extra
election 10 orphans whose parents, or father only,
may h ',ve died of cholera. The circunast woes at
once called for prompt action, and although very
little hail been attempted in the way of appeal, yet
a sum exceeding £3OO, or ab )ut a fourth part of the
sum required, had been contributed towards the ex-
pense of maintaining these ten additional orphans.
The committee require the sum of £1,250 to meet
the expenses attendant upon the admission of these
10 orphans, and they therefore appeal for an addi-
tional £l,OOO to &fray the charges upon the gene-
ral income of the charity which this special effort
will involve.

The Lora) MAYOR expressed the pleasure he felt
in presiding at the meeting, which was the first he
had attended since his appointment to the civic
chair. He considered one could hardly be present
without being impressed with the great value of
such institutions as the Orphan Asylum, especially
at the present time, when society was scarcely re-
covered from the shock occasioned by the visitation
of cholera, which left in iny children fatherless or
motherless or orphans completely. lle was forcibly
struck by the fact that last July 40 children were
elected to the benefits of the charity, and next year
40 more will be received, so that with the 10 chil-
dren who are to be elected at present the charity
would have taken 90 children in 12 months, and
augmented the number of inmates to 400. A large
demand would be consequently made on the funds
of the charity, and he was sure the public would not
allow a deficiency in funds when they saw the vast
amount of good which was being done. The insti-
tution conferred great benefits on society by taking
under its sheltering care children who, if left ne-
glected, would in all probability become victims to
every species of vice.
The Rev. J. PATTESON, M.A., moved, and Mr. J.
WALTER seconded a resolution thanking the com-
mittee
charity for
to twhathe
e atrhneesy
thad
support done,
oaf
thepublic.
A commended
A cordial vote of thanks was given to the Lord
Mayor for his kindness in presiding.
The polling then commenced. the

LONDON, FRIDAY, NOV. 23, 1866.

Th
e full text of the Imperial Rescript at the open-
ing of the Hungarian Diet is now before us, and it
assumes an additional interest in consequence of the
recent events which have taken place. So far as we
can judge from the words, it would seem as if a
better policy was prevailing respecting
than has lately been observable Hungary
among the Austrian
authorities. The EMPEROR begins by stating that
be considers it most desirable and important that
there should be a Constitutional settlftnneut of the
bonds " connecting the monarchy, as well
as the speedy restoration of the autonomous
rights of the beloved Kingdom of Hungary.,,
It is then explained that the chances of war are ex_
treme!y unfavourable, that the Imperial Govern-
ment deemed it to be expedient not to make further
efforts to prolong the war, but rather to submit to
the terms of a peace which was very disadvanta-

- -

geous in itself. No doubt, after the heavy losses of
the war, it was found impossible again to rally round
the Imperial standard in such a shape and with such
a spirit as to insure victory ; but at the nine time,
in taking a retrospect of the matter at this
lapse of time, it seems doubly vexatious that a
better understanding should not have pre-
vailed between the Government of Vienna
and the Hungarian people. Had these latter felt
inspired by the fear and devotion that once ani-
mated them, they would in all probability have
rendered most important services to the Austrians
in their hour of need; and if they had not turned the
tide of war they might have materially altered the

aspect of peace when the treaty was signed at last.
It is stated, very correctly in this Rescript, that the
late momentous changes in international relations
render it more than ever necessary to establish the
affairs now pending upon a satisfactory basis.
'We are glad to notice that there is a very hearty
recognition of the services which the Hungarian
Diet have rendered to the cause of unity, and regret
is expressed at the necessity which called for the
prorogation of the Hungarian Diet at the very time
when it was endeavouring to arrive at the solution
of the impending difficulties. The constitutional
compromise is indeed a very awkward matter to
settle.; but putting off this task will not expedite its
completion, and the sooner both sides set to work
in real earnest the better for the interests at stake
in Hungary, and also for the future welfare
of the Austrian Empire. A list is given of
what are considered the chief points to settle
by the Estates and Representatives, and the first
item mentioned is the unity of the army, both in
respect to its command, and also regarding the
unanimity of principle in its arrangement and orga-
ns=

r;~atic ,

rational and the various conditions. of in-
dustry which req::i:re that there should be a
regulation of the Customs' tariff and other matters
relating to indirect taxation. The State debts and
the State credit demand, it is said, that there
should be a united treasury " if the interests of
the money market, which affect public life in
all parts of the realm with equal rigour are
to be preserved from dangerous oscillation."
If these affairs rest upon the foundation here laid
down, it is expected, says this itescript, that it will
soon be possible to come to a settlement of the im-
portant matter of the general State Commission,
which now it is necessary to guard from every
danger as the immediate consequence of the Prag-
matic Sanction.

Certainly a powerful inducement is held out to
the Hungarians to agree with the requirements
herein set forth, inasmuch as they are promised, if
they consent to legislate upon these assump-
tions, that a responsible Ministry will be
formed as " well as the restoration of the
municipal self-administration to do justice to
the constitutional demand of the people of our be-
loved Hungary." However, while it is the firm re-
solve of the Emperor to accomplish these much-
desired objects, it is distinctly intimated that the
Imperial Government will reserve to itself the right
of carrying out the detailed application of affairs;
and, together with the.e, the modification of the
stipulations of the laws of 1848. Finally, an
earnest hope is expressed that the Estates and Re-
presentatives of the Kingdom of Hungary will re-
ceive these statements with unprejudiced feelings,
and thus facilitate the great object in view, namely,
" the secure introduction of constitutional organisa-
tion into our collective realm." We trust that a
better understanding may prevail between the Aus-
trian Government and the Hungarians than has
hitherto been the case for some time.