The Sun.
London, England, 1842-11-18 00:00:00

expenses, to be paid to each Member, without
distinction of rank. The proceedings altogether
do great honour to this excellent Prince, and
cannot fail to produce a lasting effect on his
grateful people.

The accounts from Hanover respecting the
KING'S health are still very gloomy. According•
to these, no symptoms of improvemen t have taken
place, and his MAJESTY continues to labour under
great depression of spirits.

We have perused with much interest the note
of Lord CUNINGHAME appended to the interlo-
cutor or judgment pronounced by him in a Non-
Intrusion case, entitled "The Rev. Mr. CRUICK-
SHANK and others against the Rev. Dr. GORDON
and others." The seven deposed ministers of
Strathbogie sought redress from the Court of
Session, because they had been deposed by the
General Assembly for obeying the statutory
law of the land, and had applied to the Civil
Courts for protection against previous incom-
petent sentences or suspension pronounced by
that body of which Dr. GORDON, one of the
ministers of Edinburgh, was moderator. His
Lordship gave judgment in favour of the plain-
tiffs, and adduced among others the following
arguments in support of his decision :
In so far as the Church claim the station and
privileges of a supreme legislature, their pretension
is essentially unfounded. In the words of Erskine,
they derive their whole powers from the State,
through the Acts of the Civil Legislature. It was
by Act of Parliament that a change from the ancient
Catholic faith to the Protestant Creed was authorised;
by the same authority the confessions of the new faith
from time to time were sanctioned and enforced; and
the judicial powers of the Church in spiritual matters
were also defined by Act of Parliament.
According to the defenders, there may be two
Courts in the same State, both legitimately entitled
to interpret the same law, and neither is bound to
yield to the other, because there is an irreconcilable
collision between equally competent jurisdictions.
The Lord Ordinary conceives that this is an anomaly
contrary to every principle and precedent in the law.
Lord CUNINGHAME quotes precedents from
BACON and other authorities, clearly proving
that the Judges of the Temporal Courts both in
England and Scotland have the supreme power
of construing a statute, and thus concludes :
The Legislature of Scotland did not choose to in-
vest a popular body, consisting of above a thousand
members, with any of the powers and privileppes of the
Supreme Civil Judges. Accordingly, every power of
carrying their own sentences into effect was withheld
from the Church ; and even if the Moderator were
insulted in the chair, he has no power of committal.
He must appeal to the Civil Magistrate, who, of
course, would repress and punish every pffevce of the
sort. But with regard to the ,ordrnary ecetesiaStical
sentences, these are by special statutes, quoted in the
pleadings of the case, appointed to be carried into
effect by the Civil Courts alone.
Finally, the jurisdiction and interference of this
Court, in the present case, might, it is supposed, be
justified, if necessary, by the compact between the
Church and the State in the Confession of Faith. The
23d chapter provides that "the civil magistrate may
not assume to himself the administration of the
word and sacraments, or the power of the keys of the
kingdom of Heaven; but he bath authority, and it is
his duty to take order, that unity and peace, be pre-
served in the Church." It is manifest that, under
constitutional Governments, the civil magistrate must
speak through the supreme courts of justice ; but in
what case could such interference more competently
and appropriately take place under the power, than
on the present occasion, when a large majority of the.
General Assembly have ventured to deprive seven of
their brethren of their offices, for yielding obedience
to a law which the supreme courts of the country
have found that they are bound to obey ?
It is on these grounds that the Lord • Ordinary has
sustained the jurisdiction of this Court in theSe
processes. As the case stands upon the documents
produced, and the statements hitherto advanced, the
pursuers complain of grievous injury and oppression
inflicted on them, for conduct not only not inferring
blame, but constituting high merit in public flux,.
tionaries. If the reasons of reduction shall be estate"
blished, it is a matter of the greatest concern, 'both
to the law and to the established religion itself, that
its ministers and Courts should be restrained, by com-
petent authority, and with as little delay as possible,
from every abuse and excess of power calculated to
bring themselves and the Church with which they
are connected, under the condemnation of those tribu-
nals to whom the interpretation of the law is com-
mitted by the constitution of the country.

We have received the Paris papers of Wed-
nesday at a late hour this day, owing to the bois-
terous weather in the Channel. The leading,
articles relate chiefly to the project for a Com-
mercial Union with Belgium, but that has lost
all interest for English readers. The following,
from the Sentinelle of Toulon, is the only extract
of interest :

" Our neighbourhood is encumbered with troops;
waiting for their turn of embarkation for Algiers, and
new detachments continue to arrive almost daily.
These detachments are furnished from the depots
of regiments at present in Africa, and which are
not intended to return speedily to France. To
judge by the movement of troops which has already
taken place, and which is to last fora good part of the
winter, some grand military operations must be con-
templated for the spring. As has been already an-
nounced, the Due.; d'Aumale is to have the command
of a inoveable column, the head-quarters of which
will be at Medeah. In this case General Changarnier
will, to all appearance, leave the province of Tittery."
The Three per Cents. at two o'clock on Wed-
nesday were 80f. 35c.