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London, England, 1845-01-11 00:00:00

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,f),351 LONDON, SATURDA Y EVENING SU Ng
JANUARY 11 1845.

pHILITARAIONIC SOCIETY.
The Subscribers and the Public are respectfully informed that
the CONCERTS of the ensuing SEASON will take place on the fol-
lowing NIGHTS—viz., MARCH 31; APRIL 14 and 2S ; MAY 12
and 26; JUNE 9 and 23; JULY 7.
Terms of Subscription for the Series, 47. 4s. Tickets transferable.
To meet the wishes of the Subscribers, a limited number of extra
Tickets will be issued tier the accommodation of their friends; Single
Admissions One Guinea each, and Double Tickets 11. 10s.
Those Ladies and Gentlemen who propose honouring the Perform-
ances by their attendance, are requested to leave their names and
addresses at the Music Warehouse of Messrs. Addison and Hodson,
210, Regent-street, nearly opposite Conduit-street.

GitEAT LEAGUE MEETING
IN COVENT-GARDEN.
The NEXT 'AGGREGATE MEETING of the LEAGUE,
in the THEATRE ROYAL, GOVENT.GARDEN, will be held
on WEANEODAY next, the 15th of January.
GEORGE WILSON, Esq., will take the Chair at Seven
o'clock precisely.
The Meeting will be addressed by Richard Cobden, Sig.,
M.P.; Thomas Milner Gibson, Esq., 151. P.; and W. J. Fox, Esq.
Cards of admission may be had on application at the Offices of
the League, on Monday and Tuesday, between the hours of eleven
and four o'clock.
Applications for Private D 03141 to be Made poreonally, or by
letter, on Monday.
The Cards of registered Members will admit, al heretofore, to the
Pit and Galleries. Doors to be opened at Half-past Six o'clock.

DRAWING CLASSES, EXETER-HALL,
on the METHOD' of DRAWING from MODELS,
as SANCTIONED by the COMMITTEE of COUNCIL on
EDUCATION.
CLASSES under the DIRECTION •f Mr. GANDEE, Teacher
of Perspective, Drawing, &c., meet every TUESDAY and FRIDAY
EVENING, and a class for Geometrical Perspective every TRUER'
DAY EVENING.
Terms, and further particulars, may be obtained at the Hall.

on charitable donations and bequests in Ireland for any
Catholic purposes. Any such restrictions or limitations
that now exist are the creation of the late statute.
" This should be kept constantly in recollection.
Before this new Act it was lawful to grant by deed, or
bequeath by will, property of any amount for Catholic
purposes. This power continued in each individual
until as shortly before death as the rational faculties
continued. In particular it was lawful to grant or be-
queath property—
" Ist. To build and endow Catholic hospitals.
" 2d. T. build and endow Catholic convents for nuns.
" 3d. To build and endow Catholic schools.
" 4th. To build and endow Catholic orphanages.
" sth. To build and endow houses of refuge for Ca-
tholic males and Catholic females, paupers and pen i tents.
" 6th. To build and endow Catholic churches and
chapels.
" 7th. To build and endow houses:for residence of the
Catholic clergy.
" Bth. To endow with glebes Catholic archbishops,
bishops, and priests, and to grant or bequeath to them
lands or money to any amount of value.
" 9th. To create funds for maintaining the sacrifice of
the mass, or other stated or specified prayers for any
number of persons, or for any length of years, for the
benefit of the living or the dead.
" 10th. To endow Catholic sodalities, or guilds, for
teaching the Catholic Catechism, or Catholic prayers; or
for instructing in the proofs of the Catholic religion.
' " 11th. In short, it was lawful for Catholics by deed,
or by will, to convey property for every imaginable
charitable purpose, although exclusively limited for the
use of Catholics.
" Nor were these charities the less valid, although
Protestants might be permitted by express words, or by
implication, to share in the benefits of the charitable
purposes.
" Thus, in fine, before the passing of the recent. sta-
tute, it was competent, in point of law, to endow all
manner of Catholic charities and religious purposes,
with one exception."
What room was there, then, for additional advantages?
None but what my Bill would have supplied.
Such was the opinion whieh I gave and published in
the month of August last. The exception alluded to
was that relative to the regular clergy, of whom more
hereafter.
Such was my opinion. It emphatically asserted that
all Catholic charities of every kind were, before the Be-
quests Act, perfectly secure. All—all—the regular
clergy excepted..
Such was my opinion—published in all the newspa-
pers ; contradicted by nobody. The Crown lawyers
have not contradicted this opinion in any way directly
or indirectly. The authorities of the Castle so com-
pletely acquiesced in my opinion that no query on these
points was put to the Crown lawyers. I have my judg-
ment corroborated by the acquiescence of the Castle and
of the Crown lawyers.
• But what is better still, every point to which I alluded
in that opinion has been confirmed by solemn judicial
determination. I allude in particular to the cases of
"The Dempsey Charity," " The Hevey Charity," " The
Kearns Charity," and particularly " The L'Arcy
Charity."
I have brought the papers with me here in the D'Arcy
charity. The other cases were decided by Lord Man-
ners, Lord Plunket, and the present Master of the Rolls.
The D'Arcy Charity was established by the decree of a
greater lawyer than any of the three—the present Chan-
cellor Sugden. All apprehensions, such as those that
might have been entertained in 1840, were thus termi-
nated. There existed no longer, and there does not
exist, any question on Catholic charities. Even an an-
nuity granted in perpetuity for celebrating mass for the
soul of the testator has seen decreed to be a valid cha-
rity. How much do I respectfully wish that his Grace
Doctor Murray would have condescended to have looked
at this state of the law before he persuaded himself that
the Bequests Act had conferred any advantages on Ca-
tholic charities. It had not room or space to do good.
It is admitted by his Grace to do mischief.
Such haring been, I will say, unquestionably and un-
doubtedly, the state of the law respecting Catholic cha-
rities before the Bequests Act, I proceed to consider
whether. there has been any alteration for the better,
either in substance, or in machinery, by that Act. In
substance it is clear there could be none. Let us see if
there be any in the machinery.
This is the second point, as relating to any ameliora-
tion by the Bequests Act. To discuss this point the
most respectful way is to use the very words of his
Grace in page 21 of the pastoral, where he purports to
show forth the advantages derivable from the Bequests
Act.

ROYAL POLYTECHNIC INSTITUTION.
Christmas Holidays. One of the brilliant novelties is
CHILD'S CHROMATROPE, New Subjects in Nature and Art for
the PROTEOSCOPE. The PHYSIOSCOPE. The first Exhibition
of a Series of beautiful DISSOLVING VIEWS. Dr. RYAN'S and
Professor BACHHOFFNER'S varied LECTURES daily. Dr. RYAN
also Lectures on the Evenings of Monday, Wednesday, and Friday.
The whole of the Lectures abound in Interesting Experiments.
SUBMARINE EXPERIMENTS by means of the DIVING-BELL
and DIVER. The COLOSSAL ELECTRICAL MACHINE.
Admission, Is.; Schools, Hall-price.
A New Editio• of the CATALOGUE, containing Three Hundred
additlenal Works of Art, &c., since the last revisal, is just published.
price Is.

IRELAND.

MR. O'CONNELL'S LETTER ON THE CHARI-
TABLE BEQUESTS ACT.
DUBLIN, JAN. 9.—The Pilot, of to-morrow evening,
will contain the promised letter of Mr. O'Connell, ad-
dressed to the Right Rev. Dr. Cantwell. The following
is a considerable portion of the letter:—
Derrynane Abbey, Feast of the
Epiphany of our Lord, 1845.
MY REVERED LORD,—It was my intention to have
confined this letter to an exposure of the truly shuffling
opinion about, rather than upon, the Bequests Act, pub-
lished with the names of Messrs. Smith and Greene, by
apparently Catholic authority. But matter of infinitely
greater importance presents itself. The plan of the
English Government to undermine the Catholic Church
in Ireland is daily developed more and more. The fatal
facility with which some of our exemplary prelates, with
pious intentions and pure designs, fall into ono snare after
another, encourages the ancient enemies of our faith and
fidelity to augment their exertions, and to mature their
plans, until they render them, as they conceive and hope,
irresistible.
Through your Lordship I address the people of Ire-
land, and I sadly but most solemnly assure them that we
are arrived at a conjuncture which involves the civil as
well as the religious liberties of the Irish nation in the
greatest and most imminent peril.
I am able to state as certain facts that the English
Government have had for some time past active agents
at the Court of Rome. The on* a Mr. William Petre,
an English Catholic—for no treachery to the Irish would
be complete without the intervention of an English
Catholic ; the other an Austrian, nominated by the
Austrian Government. The design and object are to
obtain for the British Minister control over the Catholic
hierarchy of Ireland.
The modes of obtaining that control are two-fold •
the first, by making a State provision for the Irish
Catholic clergy ; the second, by a concordat with the
Pope, giving a power either direct and affirmative, or
indirect and by negation, to the British Crown to nomi-
nate to the Catholic prelacy all over Ireland.
The English Catholic agent, Mr. William Petre, has
succeeded in convincing the Pope's Ministers, that he is
authorised to pledge the British Government to give
great countenance and liberal pecuniary assistance
to the Catholics in the British colonies and foreign
possessions. This bait has taken, and has produced
a letter from the Propaganda to the Most
Reverend Dr. Crolly unfavourable to the repeal
agitation. It is said there was some dexterity in pro •
curing this letter. It has, however, been some time in
the hands of his Grace ; but it is not a canonical docu-
ment ; and, at all events, as far as it may treat of mat-
ters of a temporal nature, or matters relating to the poli-
tical rights and liberties of the Irish people, it is plainly
void and of no effect.
But the great strength of the English envoy consists
in the support and assistance of the Austrian agent. The
tendency in various parts of Italy, including the Papal
States, to insurrectionary movements amongst • the
Italians, causes the great military force kept by Austria
in Italy to be considered as essentially necessary for the
preservation of peace and order from revolutionary
violence. The leaden despotism of the Austrian Govern-
ment over the Catholic religion and the Catholic clergy
in its subject States renders that Government justly
odious and detested at Rome. But its influence and
power over the Roman Court are not one whit the less.
Its power is feared more than it is hated—the hatred
being mitigated by the supposed necessity for the use of
that power ; and thus the influence of the British agent,
augmented by the Austrian, is almost irresistible with
the politicians of the Roman Court.
I have, my revered Lord, most unquestionable autho-
rity for the statement I this make. I have it from a
person who is utterly incapable of deceiving, and being
at Rome in a situation in which he himself cannot be
deceived. I have full permission to give the facts to the
public, though I have not that of publishing his name.
I am, however, at liberty to mention his name in any
way consistent with its not appearing in the public news.
papers - and I accordingly transmit it to your Lordship
,
m a private letter.
It is most melancholy and highly deplorable that at
such a moment, and with so powerful a conspiracy on
foot against the Irish Catholic Church, there should be
cqlueersetss, ,
Act.aci laity
soe fe
mI Ire e laa n dm
most
hmevspuobrjteucnt
eo fp
period
so animated a dissension amongst the Catholic prelates,
i
eodnett;
come out with such a resolution as that in the appendix
to the pastoral of his Grace the Archbishop of Dublin—
a resolution which, instead of being framed to subdue
dissension, and create unanimity, appears in fact and
truth to be a mere license to dispute. Under existing
circumstances I humbly consider it to be the duty of all
sincere Catholics to combine in order to prevent further
mischief.
I was in hopes, when the pastoral of the venerable
Archbishop of Dublin was announced, that it would
contain materials for a general peace and concord ; pre-
disposed, as we all should be, to listen to his Grace with
the greatest deference and all proper submission. I did
hope that a pastoral issuing from so masters. mind, and
such venerated authority, would contain such arguments
in favour of the lime of conduct he has conscientiously
adopted as should silence all cavil, and satisfy evefy
scruple.

SEWERS of WESTMINSTER and PART of
MIDDLESEX.

Notice is hereby given, that a Jury of Sewers have this day
delivered into Court a PRESENTMENT of the ESTATES
and PERSONS liable to be rated to the expense of maintaining
and repairing the COMMON SEWERS in the Western Division
of the Westminster Sewers and on the Counters Creek Sewer.
The said Presentment is open at this office for the inspection of all
persons interested therein ; and her Majesty's Justices and Com-
missioners will sit on Friday, the 17th January, and Friday, the
7th February, 1845, at One o'clock, when parties niay be heard
against the said Presentment, as by law allowed.
LEWIS C. HERTSLET, Clerk.
Sewers' Office, 1, Greek.street, Soho square, Jan. 10, 1845.

FA THER MATII E W,
NATIONAL TEMPERANCE SOCIETY, SD, Moor-
gate-street, City.

TREASURER.
George W. Alexander, Esq., 40, Lembard.street.
COMMITTEE.
G. W. Attwood, Esq., America square.
R. Barrett, Esq., Croydon.
Rev. Jabez Burns, St. John's.wood.road.
W. Cabell, Esq., Kennington.
William Cash, Esq., Feckharrt7rye.
Charles Gilpin, Esq., 5, Bishopsgate.street Without.
S. C. Hall, Esq., B. L., F.S.A., Old Brompton.
W. Janson, jun., Esq., Tottenham.
C. H. Lovell, Esq., M.D., 10, Blackfriars.russi.
J. Meredith, Esq., Lambeth road.
T. B. Scutt, Esq., Tokenhouse-yard.
Rev. J. Sherman, Blackfriars.road.
Rev. C. Stove!, 5, Stebon.terrace.
Robert Warner, Esq., b, Charter.house.square.
Edward Webb, Esq., Clapham.
SECR ETA RT.—Theodore Compton.

NOW OPEN.
UNIQUE EXHIBITION.-BATTLE OF
WATERLOO.

New Model, upon a very large Scale, representing the Splendid
Charge in the earlier part of the Battle by the British heavy Ca.
valry under the Marquis of Anglecea, and by the British Infantry
under Sir Thomas Picton.

EGYPTIAN HALL, PICCADILLY.
Open from Ten till Five; and in the Evening, brilliantly
illuminated, from Sevea till Ten.
Admission, On• Shilling.

SOUTH-WESTERN RAILWAY EXTEN-
SION THROUGH LAMBETH.
At a Preliminary Meeting of owners and occupiers of property
upon or immediately contiguous t• the projected line of railway to
extend from the South-Western Railway at Vauxhall to the
Belvidere-road, Lambeth, adjoining the Hungerferd Suspension.
bridge, held at the King's Head Hotel, Belvidere-road. Lambeth,
on the Bth day of January, 1845,
JOHN BALLARD BYRON, Esq., in the Chair,
It was moved by JOHN Sots, Esq., seconded by THOMAS GRUM,
Eeq., and
Resolved unanimously,—That the extension line of railway pro..
posed to be carried by the South. Western Company through Lambeth
to the Belvidere.road, appears to this meeting calculated to produce
the most beneficial results to the interests of the district intended
to be intersected, clearing away, as is suggested, a large portion of
the worst.built and least valuable of the house property in the
borough without interference with any buildings of importance,
and tending to great improvement in the character of the erections
that are likely to be substituted In contiguity to the line, in.
dependently of such as the Company must construct upon the site
of the proposed station.
It was also moved by THOMAS LErr, Esq., seconded by FaaNcts
FELroa, Esq., and
Resolved unanimously,—That the following gentlemen, via.,
John Ballard Byron, Esq., William Hawes, Esq., Harris, Esq.,
John Suir, Esq., William Cory, Esq., Thomas Grissell, Esq.,
Francis Feltoe, Esq., and Joseph Elliott, Esq., be appointed to act
as a Committee for the purpose of ascertaining the opinions of
the several owners and occupiers of property to be affected by the
proposed extension, and generally to facilitate its attainment; and
such Committee is hereby particularly empowered and requested
forthwith to prepare a memorial fir signature of such owners and
occupiers, and others whose interests may be concerned, and whose
opinions are favourable to the undertaking, and to present such
memorial to his Grace the Archbishop of Canterbury, and also to
wait upon the Members for the county of Surrey and borough of
Lambeth, with the view of explaining to them the local benefit
inseparable from the undertaking, and to request their most
strenuous support and influence in Parliament in favour of tht
same. The above-named Committee to have power to add others
to their number.
(Signed) JOHN BALLARD BYRON, Chairman.
The thanks of the meeting to the Chairman for his efficient and
impartial conduct in the Chair were then moved and seconded, and
unanimously carried. Also, that the above resolutions be salver,
tiled by the Committee.

At a Public Meeting, held at Exeter Hall, on the Itth Decem
ber, for the purpose of raising a Fund to relieve Father Mathew
from the pecuniary difficulties consequent upon his unwearied ex.
ertions in promoting the cause of temperance,

. .
The Right Hon. Lord JOHN RUSSELL in the Chair,
it was resolved unanimously :

That the Committee of the National Temperance Society be
empowered to carry out the o• .ject of this meeting.
That G. W. Alexander, Esq., be appointed Treasurer ; and the
following Bankers to receive subscriptions :—Messrs. Barclay,
Bevan, and Co.; Messrs. Glyn and Co., Messrs. Ransom and Co.;
the London Joint-Stock Bank; and Messrs. Hankey and Co.
Tha Committee have to announce the following subscriptions:—
His Grace the Duke of Bedford £5O 0 0
Lord John Russell ............... 25 0 0
J. J. Gurney, Esq 25 0 0
Samuel Gurney, Esq
J. H. Gurney, Esq 5 0 0
E. Thomas, Esq 2l 0 0
Joseph Eaton, Esq.
W. Janson, jun., Esq. ......
A. 8., per ditto lO 0 9
Exeter Hall Collection
C. Rowley, Esq.
William Cash, Esq... lO 10 0
W. Hackblock, Esq.
John Bell, Esq. ...... lO 10 0
M. M. Monro, Esq lO 0 •
Mrs. M0nr0..... lO 0 •
C. Dixon, Esq. ...
G. Gould, Lisbon
Bishop of Norwich
Mr. and Mrs. 6. C. Hall 5 0 0
Sir E. Codrington
Lord James Stuart. 1 0 0
J. D. Bassett, Esq 5 0 0
Mrs. Grant 5 0 •

J. Charleton, Esq.
R. Charleton, Esq.
Richard Barrett, Esq.
5 0 0
Richard Potter, Esq.
and Co., Hygeista 5 5 0
SentinelSal.SNtSamuel
jueunelnce
dt°'NmhE abws E:EPeqqr
.... 5 0 0
DilMirec.:lsrlrsaad. Morison,Pa elicekr,Eß aqt h Moat,
5 0 0
The Vicar of Banwell
Cash, E.g.
5 0 0
3 3 0
3 3 0
Anonymous ... 3 0 0
Two Servants ************
0 2 0
James Grant 2 2 0
•
Sir C. E. Smith, Bar
A Friend . t 1 10 0
•• ... .. 2 0 0
James Christy,. Esq,
R. Warner, Esq.
Joseph Hale
1 1 0
................. •.• 1 1 0
C. T. Harry
1 1 0
Theodore Compton .......... 1 1 0
Mark Moore
Jane Gitelman . 1 0 0
A. Hydropath 1 1 0
J. Meredith, Esq.
J. Edgar 1 1 0
J. Middleton, Esq,
John Fox
T. B. Scutt, Esq.
R. Barrett, juts.
W. Cabell, Esq.... 1 1 0
C. •ilpin, Esq.
G. W. Atwood
Rev. J. L. Warrier 1 1 0
A Hygeist .
Dr. Ferrier 1 1 •
Littlehampton Temperance Friendly
Society 1 0 0
J. Hume, Esq., M.P
A Friend to Temperance ......... 1 1 0
A Lady 1 1 0
J. Barrett, Esq.
Newman Smith, Esq 1 0 0
J. H. A., London 1 0 0
J. Backhouse, Esq.
W. Norton, Esq.
Bishop Stortford Society 0 5 0
A Hygeist
Sundry sums, per Mr. Perry
R. Everett, Harling
Lydney Society, per Henry James 1 10 0
Farringdon.etreet Society 4 8 8
Mr. J. M. Morgan 1 0 0
Mr. George Miller 1 1 0
W. Ewart, Esq., M.P
T. J. and T. Powele
Charles Gore, Esq.
Rev. T. Sisk
Count Lackersteen
J. M. Parsons 1 1 0
Per Dr. Ferrier :

TEETH.
12, BERNER'S-STREET, OXFORD.STREET.
Established since 1825.
31 R. C. MOSELY, Surgeon Dentist, of 12,
Berner's-stroet, Oxford-street, has the honour to acknow-
ledge the very liberal and increased practice he has gained for the
last TWENTY YEARS, and at the same time begs to inform the
Nobility, Gentry, and the Public generally, that he may be con.
sulted DAILY in all cases incidental to the TEETLI and GUMS.

Teeth of every material now in use, and at prices to suit all
parties. Scaling, Filling, and every operation pertaining to Dental
Surgery. Please notice, No. 12, Berner's-street, Oxford.street.

Miss Byerley
A Donation 0 3 0
T. Compton, Esq 1 0 0

THE FINEST VAX AND SPERMACETI
CANDLES.—Those who burn these are respectfully
recommended to make one trial whether PRICE'S PATENT
CANDLES, at one-third of the cost, do not burn Letter.
They may be had of respectable dealers throughout the kingdom,
if care can Le taken to prevent any imitations being passed off as
the Patent Candles ; and the Trade may obtain them wholesale from
Edward Price and Co., Belmont, Vauxhall, nd Palmer and Co.,
Sutton-street, Clerkenwell.

From Bath :

Rev. W. H. Hayes

5 0 6

H. F. Cotterill
Hastings Society 1 3 0

Brighton, per J. Hilton, jun .
F. Luck, Esq.
John Cassel, Esq.

H. Cole, Esq

0 10 6

l'O iT-OFFICR-CAUTION.

PRICE and CO., perfuthers to her Majesty, 28,
Lomtxtrd.stroet (late Price and Gomel's, and fornterly
Patey, Butts, Price, and Co's.), by the recommendation of the Se.
Teary et the Post-office, beg to impress upon their Corre-
spondents the necessity of precision in the address of all letters in.
tended for them," thus.—." Price and Ca." (and not " Price and
Gosnol"—that firm ceased to exist in 1831), as the only means of
guarditts against the fraudulent conduct et individuals who take
in and retain letters and orders intended for Price and Co., ley ii.
legally assuming the iirm of " Price and Gesnell,” well knowing
hat they never were lu any way connected with that firm

EMPLOYMENT.—Persons having a little time
to spare are apprised that Agents continue to be appointed in
London, and country towns, by the EAST INDIA TEA COMPANY,
or the sale of their celebrated teas.
Offices, No. 9, Great St. Helen's-churchyard, Rishopegate-strwt.
They are packed in showy leaden canisters, from one ounceo a
pound, with the price and weight marked on each packet, and but
ittle trouble is occasioned by the sale. The license is only l Is. per
annum, and many during the last ntneteea years have realised con-
siderable incomes by the agency without ace shilling let or loss.
Application to be made (If by letter post-paid) as above.

But, alas!
The tone and temper—the language and manner of the
it is not so—it is very far from being so.
pastoral are all excellent. The pastoral is written with
that subdued sweetness of disposition for which the
venerated character of his Grace is so much respected.
But there is nothing to conceal the mistakes in point of
law into which he has been led; or the errors in point of
fact, into which, with the best intentions, he has un-
happily fallen.
I hope I use no language unbecoming that most un-
feigned respect which I entertain for his Grace. If one
word bearing a contrary appearance falls from my pen,
I retract it beforehand, and respectfully seek for pardon.
In this temper and disposition, I submit the following
remarks. I observe:—
First.--That his Grace has, in his pastoral, repeatedly
admitted that the Bequests Act is defective. lie tells
us, page 6, that the Act "is imperfect." He tells us in
page 7, that it is " nothing like a perfect measure." In
page 21, that it has " partial blemishes." He tells us
in page 20, that it contains " a NISCIIIEVOIIS clause."
Again, in page 7, that it has " defects which he de-
plores."
Secondly.—We must take the Act as it is. Imperfect,
defective, and mischievous as it may be, we must take it
as it is. His Grace does not tell us of any pledge or
promise on the part of Government to amend the ble-
mishes, the imperfections, the defects, or to remedy the
mischief. It would indeed have been consolatory to learn
that any such pledge or promise existed. How often
have we been told by the advocates of the Act that such
a pledge was given ? Now, this pastoral would appear
to me—l may be wrong, but it would appear to me—to
be the proper place to afford us that consolation. If,
therefore, the Catholic prelacy, clergy, and people of
Ireland, acquiesce in this statute, they must take it with
all its imperfections and defects on its bead.
Thirdly.—There are other clauses in- the statute
which his Grace would certainly condemn still more em-
phatically, if he understood their legal meaning and
operation as I do, and if he had not been misled by the
shuffling of the Crown lawyers. I, of course, regret that
his Grace should prefer their opinions to mine ; but that
preference is one that I accept with dutiful submission
privi-
lege humility—reserving
proving to his right, and that
the Crown lawyers are wrong—a task, I believe, not
difficult to perform.
Gracetomyselftet I amlna' undoubted privi-
Fourthly.—ln page 21, his Grace is pleased to say that
"confers on us ad-
vantagest he Ac in
t o
f the question,ver hyt
highest
eiget Bequestsorder."
eArlle then proceeds
to enumerate those advantages. He says first, "It places
our charities is precisely the state in which we ourselves
" it gives us
tantdrouble or tahieshpeodwteorhaovreytehsetiomgfupurroar'eeratrys
Aag.itoh;Z
ex-
pense, in perpetual security for procuring glebes for our
clergy, and for building, enlarging, and upholding, or
furnishing, oar places of religious worship."
Now, my Lord Bishop of Meath, I turn to you, and I
most respectfully assure you, that the venerable Arch-
bishop of Dublin labours under a total misapprehension
and mistake in believing that the Bequests Act confers
any advantage whatsoever on Catholic charities. No
man living is more incapable, more entirely incapable, of
making a wilful mis-statement than his Grace ; and it is
with the most profound conviction of the perfect purity
of his mind, that I dispute the existence of a fact which
he deems certain.
To discover whether the Bequests Act confers any ad-
vantages on Catholic charities, two things are necessary.
1. To ascertain what was the precise state of the law
respecting Catholic charities in Ireland previous to the
Bequests Act.
2.
what altera-
tion, hTaoveascbeeretnainmwadheetbhyer
respecting Catholic charities in Ireland.
His Grace has been led to believe that the law has
the Bequests ar'd ifaa
Act t in the law
been altered for the better. I have the most thorough
conviction that the law has been altered for the worse.
In order to test this matter, I beg leave to refer to the
opinion which I gave to you, my Lord Bishop of Meath,
on the 24th of August last. Your Lordship will find
that I laid down the law in the following words
To the first question arising on the state of the law,
previous to the recent statute, my answer is, that before
the recent Act thfra were no restrictions or limitations

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MR. WILLIAM HOWITT AND MR. SPENCER HALL ON
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•
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It must be admitted that he does not purport to make
a very powerful case for the Bill. There is rather a
show of " empty boxes " than anything powerful or
weighty, in the way of advantage, even upon his Grace's
own showing. Anxious, as he most justly was, to place
those advantages in the strongest point of view, he con-
fines his praises to these two sentences.
Fir,t.—(These are his words : I repeat them)—" It
(the Bequests Act) places our charities in precisely the
same state in which we ourselves wished to have them
tour years ago."
Secondly.—" And it gives us the power of vesting
property, without trouble or expense, in perpetual se-
curity—for procuring glebes for our clergy—and for
building, enlarging, and upholding our places of reli-
gious worship."
Now, if his Grace had been perfectly accurate in the
advantages, in point of law, which he thus describes, yet
I most humbly and respectfully submit that the Act
would afford no great bonus—and certainly none such as
to hold out any great temptation to laud the legislation
it contained.
It is my duty, however, to point out the inaccuracies,
in matter of law, into which his Grace has been led.
I take his two propositions separately and distinctly
from each other.
The first is in these words, respecting the Bequests
Act :
" It places our charities in precisely the state in which
we ourselves wished to have them placed four years ago."
In this respect his Grace alludes to a memorial that
he sets out from page 9 to page 13 of his printed pas-
toral—a memorial presented by the Catholic Prelates in
1840.

My answer respectfully is, that the Prelates, in 1840,
asked for very little indeed, and even that little has not
been obtained by the Bequests Bill. Here is the prayer
of the memorial :

" Your memorialists, therefore, entr'at that the Board
of Irish Charities may be rendered more generally use-
ful and popular, by the introduction to it of Roman Ca-
tholic Commissioners, or by some other measure which
may have a tendency to place their charities on the same
footing as those of their Protestant fellow-countrymen."
It is quite true that we have got the Roman Catholic
Commissioners ; but those Roman Catholic Commis-
sioners do not place Catholic charities on the same foot-
ing as those of their Protestant fellow-countrymen.
There is no equality among the Commissioners. There
is a decided majority of Protestants. Eight Protestants
and five Catholics cannot be said, with any arithmetical
accuracy, to be on an equal footinv. How can it be said
that the charities are on the same footing, when there is
so decided a majority on the one side, and so decided a
minority on the other ?
If five be equal to eight, then indeed the Catholic
and Protestant Commissioners are on the same footing ;
otherwise, not. In plain truth, the placing some Ca-
tholic Commissioners on the Board, renders the Catholic
interiority on the one hand, and the Protestant supre-
macy on the other hand, more distinct, conspicuous,
and emphatic.
I could say more upon this comparative estimate being
deemed as if the Catholics had obtained the " same
footing"—but I shudder lest I should let full one single
word which might be construed into disrespect to his
Grace the Arcbishop. I therefore leave many, many
objections unstated. I have, however, shown that the
timid memorial of 1840 asked but for little indeed, and
that even such little has not been obtained by the Be-
quests Act. _ _

- So much fur the first advantage alleged to be obtained
by that Act. I come to the second and only remaining
One.

Secondly.—(l repeat once more his Grace's words :
"It gives us the power of vesting property without
trouble or expense in perpetual security—for procuring
glebes for our clergy—and for building, enlarging, and
upholdirg our places of religious worship?
How I rejoice in being able to bear my humble testi-
mony as a lawyer to the legal accuracy of the pastoral
when it does state the law accurately ! The latter part
of the sentence does so perfectly.
It shows, however, that the Only Catholic charities
which are capable, by the Bequests Act, to be vested in
the. Commissioners according to the 15th section—the
enabling section—are two, and no more.
First.—For procuring glebes, including residences for
our clergy ; and, secondly, for the building, enlarging,
and maintaining our places of worship.'
Now, these were all perfectly valid charities before
the passing of the Bequests Act. All that Act does in
this respect is to enable these two charities to be vested
in the Board of Commissioners. Before ,that Act, and
at present, and in all future time, totally independent of
the " Bequests Act," these identical charities could and
can be vested in trustees of the party'sown choosing, and
that in perpetual and perfect security.

All the Act does is to enable a- Catholic don; to
vest such charities as the above two, but no other, in the
Board of Commissioners, eight of whom out of thirteen
are Protestants, instead of vesting -them in trustees all
Catholics, if he likes. The Bequests Act gives him that
choice. He may choose the Protestant majority Board
of Commissioners if he pleases, in preference to Catholic
trustees. I venture, with respect for his Grace, to think
that few Catholics, if any, will be foundto make such a
choice.
But the pastoral tells us that the " Bequests Act"
efraables Catholics to vest there two charities in the
Board of Commissioners without trouble or expense in
perpetual security.
There is no explanation given how the" expense and
trouble" are to be avoided, or how the " perpetual se.
uurity" is to be achieved. Not the least. I cannot con.

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ceive how it is to be done. It is quite true that to vest.
the property in Catholic trustees there must be incurred
the expense and trouble of having prepared for execu-
tion a deed or a will.
But precisely similar trouble and expense must be
incurred in preparing a deed or will to vest the property
in the Commissioners. The original expense and trouble
are in both cases the same.
It is also quite true that, in the mode of preserving
charitable donations and bequests by the intervention of
trustees of one's own choice, there are, from time to
time, expenses incurred in changing incompetent
trustees, or in substituting a new trustee upon the death
of a former trustee. These expenses, however, are much
mitigated by the modern practice of substituting
trustees, by petition to the Chancellor, without a
plenary suit.
On the other hand, it is to be observed that the
Board of Commissioners is necessarily a fluctuating
body ; and that any misunderstanding among them-
selves can be solved only by the medium of a plenary
suit ; the entire expenses of which, whether the suit be
well grounded or not, must, according to the Bequests
Act, come out of the charitable funds. It is, therefore,
sufficiently clear that, on the grounds of saving expense.
little indeed can be achieved by means of the Bequests
Act. Nay, there are many contingencies by which, in
acting under the Bequests Statute, the expenses may be
greatly enhanced. Any difference of opinion in the
Board can be solved only by a plenary suit. With that
worst consequence, that in every case of a suit, whether
justly instituted or not, the costs come out of a charity
fund.