The Sun.
London, England, 1827-03-08 00:00:00

SPIRIT OP THE PUBLIC JOURNALS.

extraordinary, that when he, as Secretary of State, had on a
question affecting the discharge of his pubEc duty, required the
opinion of the Law Officers of the Crown, that any objection should
be made to its production. In a hundred official cases, similar
opinions were required ; respecting which, he was not aware
that it was necessary to observe any delicacy. As to the opinion
h he had just quoted, it would have lain in the obscurity from
which he had drawn it, had it not been for the extraordinary lan-
guage
which had been held elsewhere, and which had been repeat-
ed in that House, impeaching his honour and honesty. The Right
Honourable and Learned Gentleman was rot even original in his.
remarks. He (Mr. C.) had read them in print, so that he was
prepared for the attack which had been made upon it, although lie
vowed to God, that if he had been required to pr--diet the quarter
in that House from which the attack would proceed, the quarter
':rom which it had proceeded would have been the last which
would have entered into his conjecture ..
It was impossible for him to find words to express the contempt
which he felt for such imputations."
The Master of the Rolls is, no doubt, perfectly sincere
in his opinions, and did not make up hi mind till he had
examined the grounds for and against the Emancipation of
the Catholics. It is true, he had previously made the dis-
covery, that the Great Seal is attached to the one side,and
the examinationrnay have been somewhat like the religious
inquiry, so wittily described by Buie :
" To expect that people, zealous for one religion, should exa-
mine the other maturely, equitably, and accurate, is like pretend-
ing that a person can be a fair judge between two women, with
oneof whom he is in love, while he has an aversion for the other.
Lycidas is desperataly in love with Urania, and mortally bates
Corinna ; tell us, says some one, which of the two is the most
charming; examine the matter; he will promise to do so, but
to a certainty he will pronounce for Urania, and not content-
ed with preferring her to Corinna, he will prefer her also
to all other women. His reason will be in unison in that with
his heart."
When we find that the Great Seal is doomed never to
fall into the hands of any man, who is not prepared to
swear eternal hostility to Popish claims, we may account
for the views taken .by his Honour. He that wills the
end, must will the means to that end. With all our ad-
miration to Sir W. Plunkett's speech (and no one can
think more highly of the powers of that astonishing man
than we do), we cannot help observing, that in starting
with the position, that the first consideration in a ques-
tion like this, was the promotion of the interests of the
Protestant Established Church, he in some degree
strengthened his opponents. It is impossible to deny,
that the Church which counts little more than one-fifteenth
of the population of a country in its ranks, rests on rather a
precarious foundation. But Sir W. Plunkett tells us, that the
existence of the State itself would be put in imminent
danger, by the overthrow of the Establishment. " I be-
lieve," lie says, "that if we had not a respectable hierar-
chy, holding valuable possessions in the State, in times
like these, religion itself would sink into contempt. It is
a most powerful instrument, which ought to be connected
with the State; and, if not connected with it, may be
wielded against the State. Religion derives safety and
the State repose, from the dignity of the Establishment.
I say, also, that the Protestant Establishment in Ireland
is a great and firm link of connection with this country,
and, if it were overturned, there would be infinite danger
of shaking that connection. I say, besides, that the esta-
blishment in both countries has existed now for more than
300 years, and that it has become interwoven with our
most valuable institutions. If it were overthrown, pro-
perty itself would receive a shock, and the existence of
the State itself be put in imminent peril." We for our
parts, do not believe any such thing. The notions of the
present age, with regard to the necessity for respecting
property, would always secure individuals from spoliation.
And as to the connection between the two Islands, or the safety of the
State being endangered by any change in the Church Establishment,
the idea is ridiculous. The Irish, both Catholics and Protestants,
have a manifest material interest in the preservation of the con-
nection with this country, and nothing but the strongest exciting
cause, such as resentment on account of one sect trampling on
another, could allow the idea of separation to be entertained for a
moment. England possesses all the arsenals, all the ships of war,
all the colonies ; there is hardly a family in Ireland which would
not instantly feel, in the most sensible manner, the being cut off
from the openings to wealth and ambition, which England alone
affords. Ireland has no employment for Catholics, and only one
for Protestants, if we may credit the clever author of- .‘ To-day
in Ireland."---.. Ireland (says he) is in fact not a Government,
but a Hierarchy. In the minds of all, anywise interested in
passing events, the Church is the predominant object of considera-
tion ; in society it is the prevailing topic, which, in such society,
never yields pl,ce but to b-, . . . Of families, one half
at least of the males are destined to a Clerical life, and this from
the Noble to the shopkeeper ; the stream, in fact, of all Irish inte-
rests, private and public, flow and centre in this Black Sea, and
thousands are carried along with the current, the natural and
unbiassed tendency of whose dispositions would have led them
rather to be buccaneers or demagogues, than Ministers of the
Gospel. Commerce, the staple pursuit of English life, is never
thought of by that class of men that always turn their thoughts
thither in England. If ten youths are met in an Irish
crowd, of all ranks of life, some of them to a certainty are
going to be ordained." But this is an opening only for the
Protestants (and being the only opening in the country, it
accounts for the zeal for the Establishment), and the Catholics,
the great body of the nation, can only look to England, or the
possessions of England, as a market for their talents and their
industry. The heaviest punishment that could be inflicted on
the Irish Catholics would be to say to them, all connection with
us is at an end. We therefore look to the connection between
the two countries as founded much more surely than on the ex-
istence of any church, namely, the interest and comfort of the
people. No Irishman is so wild as to imagine that Ireland would
be a gainer by the cessation of all connection with England, the
most powerful and the most industrious nation of Europe, from
an intercourse with which all his hopes of national improvement
must he drawn. The question of the Irish Church Establish-
ment ought to be argued on its own merits. Why narrow the
other question to a consideration of its possible influence on a
Church Establishment ? If the exclusion of six millions of the
people of Ireland from the Constitution inflames the passions of
these six millions, renders them deaf to the considerations of in-
terest which otherwise would attach them to the people of Eng-

The Catholic Question, then, is once more lost ; it is
lost in the House of Commons (in which assembly it has,
heretofore, been so often carried); negatived, also, in a
form and-to an extent which may be fearfully contrasted
with every previous vote of Parliament for the last 14
years. The House of Commons has not merely said to
the 6,000,000 or 7,000,000 of their degraded fe'low-
subjects in England and Ireland, who have been periodi-
cally, or rather incessantly, crying to them for help—
" We will not now emancipate you, we will not promise
when you shall be emancipated, or whether you shall at
any future time obtain that blessing; but, distressed as
you are, and distracted as is the whole community of which
you constitute
.so much the larger portion, we will not
even take your prayers into our consideration." Such
has, in effect, been the language of the House of Com-
mons on this most memorable occasion. The proposal of
Sir Francis Burdett was no more than an acknowledgment
that there existed a necessity for taking the penalties in-
flicted upon the Catholics of the empire into immediate
consideration; and the representatives of the people of
England have declared that it is needless to consider
theml=--We shall not now undertake the nauseous •office
of arguing, for the hundredth time, the merits of this
long-exhausted question. To any one who witnessed or
read the last debate and had the faculty of comparison in
him, and employed that useful power in weighing and ap-
preciating the speeches in favour of Sir F. Burdett's reso-
lution, and against it, and who, finally, after being fur-
nished with the materials of a contrast so unparalleled in
the history of political discussion, was told that the majo-
rity had voted against that principle, in support of which
Burdett and Plunkett, and Brougham and Canning,
had spoken—to such a man—to all such men—to the
whole world, it must be obvious that the Catholic
question has little chance of being decided on any
ground of right or reasoning, of justice or wisdom, but on
necessity alone—on imminent and sordid necessity.—
When the loss of Ireland stares gentlemen in the fare,l
and the Orangemen, whonever gave quarter, begin to cry
for it ; when Ferdinand, exulting in this new proof on the
part of English -heretics, of a stupidity which far eclipses
his own, shall feel emboldened by the curses of a despe-
rate nation upon their stubborn oppressors, to insult more
grossly, and provoke more daringly than ever, the known
principles and feelings of the British Government, until
he forces this country into a war; when the Bourbon
King of France, in defence of his cousin beyond the Py-
renees, shall become, -as he will soon become, the ally of
the Spanish House of Bourbon, and add French troops
with a French navy to the dormant or doubtful resources
of the Camarilla ; when Russia presses the Orange Cabi-
net of Mr. Peel upon the East, and the United States,
with their neutral right and Goulburn boundary, upon the
West ; when the Irish priesthood, following up their
triumphant appeal to the 40s. voters, shall issue another
mandate to the same class of parishioners, forbidding the
Irish peasantry, who now constitute the bulk of the Bri-
tish army, to enlist—then will illustrious, and learned, and
Right Honourable Tories be taught the full import of that
fatal vote into which they have dragooned their depen-
dents. A " dragooned" majority is a strong expression—
is it on that account less correct ? Is it not true that
the Treasury summonses on this occasion ran in a strain
more decided and peremptory than ever ? enjoining
attendance on the night fixed for the debate " upon
the most vital question of the Session !" And who
has issued this overbearing authority ? Lord Liver-
pool was in abeyance. In whose name, then, were
delivered these commands ? If 11Ir. Canning had
any real power, why should not the summonses
have desired a rote in favour of the Honourable Baronet's resolu-
lotion, instead of one " in the negative?" The battle, then, was
for Mr. Peel, and the substantial power of the Cabinet rests else-
where than in the hands of Mr. Canning. In truth, we know of
men of high official rank and station, who declare their sole soli-
citude to be, not for the rejection of the measure, half so much as
for the retention of Mr. Peel in the Cabinet ; for had the majo-
city gone against him in both Houses, it is understood that we
sho:ddhave heard immediately of Mr. Peel's resignation. The
vote of jesterday morning, therefore, is a vote essentially againgt
the interest 0131 r. Canning. What may be that Right Hon.
Gentleman's line (if Conduct in consequence of a result so unsatis-
factory, it is AO for us to guess. Well assured we are, and is the
nation, that the Right Hon. Secretary is that Minister whom his
country could least bring herself to spare at such a moment.—
Well assured we should wish to be that the Court were conscious
how ill it could do without him—that is to say, if the Court am-
bition be to promote above all things the public honour and pros-
perity. It, however, might be a liazard,ous experiment for Mr.
Canning-, and the Noble and Right Hon. persons who think with
him upon the policy to be pursued towards Ireland, to resign at
this instant, and leave the field to those of the opposite faction.-e-
An exclusively Tory Cabinet, though certain of ultimate over-
throw, might hold the reins of office long enough to do incalcu-
lable mischief. Their intrinsic weakness would force them to
administer a tenfold quantum of corruption. They would rule
England profusely, and Ireland despotically. Distrustful of
both nations, they would kiss the hem of the Royal
garment here for favour; and, across the Channel,' they
would equally prostrate themselves before the Autocrats
of the Orange Lodge, as their fit protectors against an
exasperated people. But while this horrid system was proceed-
ing, and possibly some time before it fell, who knows what the
accidents of a precarious life and health might throw as obstruc-
tions in the way of Mr. Canning's return to power ? Who knows
whether his return to power might then be capable of redeeming
the national fortunes? The crisis is delicate, personally and for
the public, and we would not add, by over-curious remarks, to
the difficulties with which it must environ the Right Hon. Gen-
tleman, and the more immediate partners of his policy. The
small majority of FOUR was one which the most ordinary acci-
dent might have annihilated, and, in truth, it was on the very
point of being no majority at all. Two Hon. Members were
detained in the country by the illness of a venerable relation, and
more than as many others by various causes, from giving their
votes to the Catholics. Mr. Huskisson also, could he have been
present, would have added his own vote to the support of the
cause -which he has so much. at heart, and might have turned a
doubting mind by his reasoning, if he could have spoken. We
find that the defeat, therefore, is not considered a final ore, by
the friends of emancipation, even for the present Session. The-
Knight of Kerry has given notice of a motion for the let of May,
engaging the House to fulfil the pledges given at the Union.—
This is as it should be, for no quibbling can be meaner or more
base than that which would exonerate Mr. Pitt or Lord Corn-
wallis from having held out to the Catholics such hopes as indu-
ced that body to facilitate the_ Union. Is it not quite dreadful
that the treaty of Limerick and the Union—the two most solemn
compacts entered into between Great Britain and the people of
Ireland, should both be referred to by the latter as instances of
her violated faith ? But there is a Power which adjusts and re-
dresses all things, and to it we look for the means of future con-
ciliation between the wrong-doer and his victim ! Times.
It is told of Henry Marfin, that, " making an invective
speech one time against old-Sir Harry Vane, when he had
done with him he said, But for young Sir Harry Vane,'
and so sat him down. Several cried out, What have
you to say to young Sir Harry ?' He rises up : ' Why if
young Sir Harry lives to be old, he will he old Sir
Harry !' and so sat down,and set the whole House a laugh-
ing." Had Mr. Brougham to speak over again his felicit-
ous philippic against the Chancellor, he might, without
aspiring to any peculiar gift of prophecy, after the speech
of the Master of the Rolls on Tuesday night, congratulate
the country from the promise which that speech held out,
on a likelihood of our having in due time an old Sir
Harry. The Lord Chancellor must have absolutely soaked
the paper with tears of joy, when he read the speech yes-
terday morning, if he ever sheds tears on any other occa-
sion than the defending himself, The Noble and Learned
Lord may now depart in peace when he pleases, in full
confidence that an alter ego will perpetuate his policy. It
is only by supposing that Mr. Canning must have had a
beatific vision of this kind, that we can account for the
peculiar sensitiveness with which he assailed the Master
of the Rolls. In various parts of his speech, his pleasantry
on his Honour's historical research, and judicial accuracy,
must have been rather more acceptable to the House than
to his Honour; but his remarks after the interruption,
when the Master of the Rolls complained of the allu-
sion to his official opinion, as a breach of official secrecy,
were more than pungent—they were hostile.—
The Right Honourable Gentleman said, he " thought it most

land, and dispos:3 them to embrace some desperate alterna-
tive ; to take counsel from their hatred, encourages foreign
powers to commit aggressions on us, trusting to such a domes-
tic enemy, and thereby leave the very existence of the Empire
at the mercy of a powerful enemy—this is a more than suf-
ficient reason fur conceding to the Roman Catholics their
claims, constitutional equality. The question of the Church
is secondary ; the other question is of first-rate importance.—
The Constitution can exist withiout the Church ; it cannot
exist in safety without the affections of six millions of the
Irish. Sir William Plunkett then, by granting to Mr. Peel
his premises of the Church being the primary consideration, en-
ables the latter to turn round and say, it is impossible for any man
truly religious not to wish to see his own religion triumphant ;
and we have a proof in the East and West Indian interests in this
House how easy it is for a very small number, by watching their
opportunities and trimming skilfully between parties, to carry
their objects.—The introduction then, of a number of Catholic
Gentlemen into the House might endanger the Establishment.—
The observation, that without " a Hierarchy holding valuable
possessions in the Stase, in times like these, religion itself would
sink into contempt," places religion on a very curious foundation
—namely, that which the author of the religion has pronounced
to be a ground of exclusion from the Kingdom of Heaven. Re-
ligion is only then preserved from contempt by that against which
religion teaches us to make constant war. Sir W. Plunkett
seems to have taken his religion from that celebrated preacher,
Dr. South, who maintained, in opposition to his Divine Master,
" that poverty and meanness of condition expose the wisest to
scorn, it being natural for men to place their esteem rather upon
things great than good," and that " 'tis not the truth of an asser-
tion, but the disputant that keeps off a baffle. When a learned
Paul was converted and undertook the Ministry, it stopped the
mouths of those that said, none but poor weak fishermen preached
Christianity."—Morning Chronicle.
In former times the Gazelle, as the official organ of Go-
vernment, used to announce the progress of our arms both
by sea and land. It is singular enough, however, that
our Portuguese expedition has never yet been once named
in that paper; and, if others did not supply the defect,
the public at large would not know one syllable about
Mr. Canning's new war ; or even whether the British
troops have sailed, much less arrived. In Parliament, too,
all parties seem, as if by common consent, to be equally
silent; and, except a solitary fling by Mr. Hume at the
bill of charges, we should scarcely know, through any
accredited channel, that we actually have a force in the
Peninsula. Fortunately for the public, however, other

channels do exist, through which information is obtained ; ' that it was bottomed in absolute fraud, a meeting of the proprie-
and those as c•opiOus as -the usual c;nes.'nf .official tidings toils ski we'll -as Of the sitattiit creditors Of the CoMpittiY took place
, on the 26th of 'October, 1825, at the office of Messrs: - Wllks and
are dry and sterile. From- these it. would seem that, What=
Verbeke ; the debts of the Company were then calculated, and a
it 1 name prepared, with each man's claim entered opposite to hie
ever may be the result of the contest between the parti- 1
i the claim
The debts altogether. amounted to 1,7261. I la. 9d., and
sans of the new and old order of things in Portugal,
becomes every day more and more problematical what right,
meato thofithe plaintiff was admitted. Tos. the infinite astonish-
or business, or occasion, we had to involve or embroil our-
,
sel Yes in their concerns. We believe it has not been un- nany, it was then discovered that its subscribed capital of one mil-
usual for Parliament to call for the instructions given to lion had dwindled down to 6501. When it was announced that
Commanders of special expeditions, provided their pro- this sum was all that remained to be appropriated to the payment
duction would not be prejudicial to the public service; of the debts, he assured the Jury that a burst of indignation issued
and, looking at the inert kind of life our troops appear from the poor tradesmen.
hitherto to have led in Portugal, we trust the country The SOLICITOR-GENERAL, for the defendants, said that they
will, ere long, be informed what are the precise orders under admitted that the money was due to Clay, but they complained
which Sir William Clinton is acting. If such an aggression has that he did not select Mr. John Wilke, who, it appeared, was the
actually taken place on the pare of Spain towards our ally as en- receiver of the subscription-money.
titles the latter to demand our aid, under the faith of Treaties, it The Jury found for the plaintiff—Damages, 278/. 18s. 6d.
seems quite preposterous to suppose that our troops; on their ar:. The Loan CAIEF JUSTICE.—I hope this will be a.warning to
rival there, are quietly to witness the result of that aggression, others not to sue the whole persons named as Directors, for if
without firing a gun, merely because the foreign foe has had the they sued only one of the persons concerned, and he pleaded in
tact to keep within its own frontiers. Either Portugal is at peace abatement, sinless he proved every one named in his plea to have
with Spain, and had therefore no right to call for British assist- acted, the plaintiff would be entitled to recover.
ante, or she is at war with that country, and is entitled to avail CREW. CON.
herself of the aid she has obtained. But though this view of the DAUNCEY V. BERKELEY.
subject presents a dilemma not easily solved, and may account
for the awkward state of
,uncertainty and inactivity in which our Mr. CHITTY opened the pleadings. This was an action by the
troops and their Commander are placed, there is one use, at least, plaintiff, a cloth-factor, to recover from the defendant, William
to which they might hive been applied with propriety, which Fitzhardinge Berkeley, a compensation in damages for a criminal
appears to us to admit of no question—and that is, in the pro-
conversation with the plaintiff's wife.
tection of British property. This, we should think, is a point Mr. SCARLETT (with whom was also Mr. GURNEY) stated
which requires neither delicacy nor demur; and when, there- the case. The plaintiff was married to his wife in 1815, in the
fore, we hear of Oporto being exposed to a sack, and Bri- church nearly opposite to this Court ; he was then 30 years of
tish residents on the eve of flying from it with their pro- age, and she only 21, the daughter of a gentleman of respectability
perty, it seems to have been an alternative to which and fortune, residing in the County of Hertford. The fruits of
they need not have been driven, while 7,000 of theirown country- their marriage were four children, and till the period of the trans-
men in arms were within reach to protect them. We shall, action which gave rise to the present proceedings, they had lived
perhaps, be told, that there are some dicta in Vette! or Puffen- together with uninterrupted happiness. For some time after
dorf to prevent this : but we hesitate not to say, that we would their marriage, the plaintiff continued to reside in London, but in
not give a farthing for a British Statesman or a British Corn- 1825 he removed to Dursley, in Gloucestershire, where he con-
mander who should decline to afford protection to his fellow sub- tinned to carry on his trade of a cloth factor and wool merchant,
jects and their property wherever, and under whatever circum- and from thence he removed to the village of Berkeley, adjoining
the noble domain of the defendant. Before, that period the
stances, they are found, when nothing but the musty opinions of
some antiquated jurist can be found to gainsay an act of common plaintiff and his wife had lived in the greatest harmony together,
aeuse and of common justice. We do trust, therefore, that if neither having suspected or even doubted the affection of each
our troops are still to remain in Portugal, and to be still the quiet other. Colonel Berkeley was the owner of a princely mansion in
spectators of the intestine broils of the Portuguese, they will at the immediate neighbourhood of the village of Berkeley, known
least, be authorised and instructed to secure to their fellow-subjects by the name of Berkeley Castle, celebrated for its magnificence
in that country the same neutrality which they themselves are our and splendour, and not less so for the gay life which its owner
serving. If this instruction has not yet .been sent out, it ought led there, amidst the fascinations of every luxury, which could
render that mansion captivating to the human senses. The de-
to be so without delay. We know of no way in which Mr. Can-
ning would be so likely on the one band, to reconcile the dissen- scription he (Mr. Scarlett) had heard of it, reminded him of the
tients to his Portuguese expedition, as by rendering it of the use palace of Comus ; he was not going to quote the words of the im-
we allude to ; or, on the other, of increasing their dissatisfaction, mortal poet, but he would merely mention it as the palace of an
than by withholding the protection which British subjects and their enchanter, who, by its fascinations and the wiles he practised,
property are entitled to expect from it.—Morning Herald. contrived to captivate all who came within reach of its influence,
A question, which has undergone repeated discussions and when once they had the misfortune to taste from the fatal
cup which be presented to their lips, such was the effect of the
during a period of more than thirty years—which has con- cup
draught, that that those who tasted it became brutified, de-
from upon its bearings, the lights which emanated acnastlest or.ever. That a similar spell was attached to
from such minds as those of Burke, and Pitt, and Fox, , and its environs he had reason to believe as he had
and Sheridan, and Grattan, and a host of Statesmen Row learnt that nothing was snore impossible' than for a female to
no more, inferior only to the names we have recited— that place and return again untarnished to society. The plaintiff
litrardkedele
which has, in later times, commanded the acute and corn- situation in life was too humble for him to affect society. with
prehensive investigation of a Canning, a Liverpool, a Peel, the defendant, nor was it probable that with his vast fortune the
a Plunkett, a Londonderry, a Perceval, a Grenville, a Wel- defendant would he found visiting him ; but in the month of April,
lesley, &c. &c.—such a question, whatever may be the 1825, it appeared,. that an intimacy of some kind had taken place
magnitude of the interests involved in its decision, either between the plaintiff's wife and the defendant, for in the latter
one way or the other, can have no pretensions to novelty end o: that month, Mrs. Dauncey, while walking (with her
in the reasonings it now elicits, or in the facts upon which sister, about 20 years of age, now married to a relation of the
T.l.ioalionntietfl ) noe,aje thewfrooun apdsoacctel3earnkilleT,
penCeadstltei,
e w
gate moeft lity
those reasonings are built. The debate of Monday and
Tuesday night, therefore, splendid as it was in its displays Castle garden, 11 requestedr the ladies to enter.' The per-
of oratory oratory and intellectual vigor, possessed, in reality, but son of the Colonel was at this time unknown to the sister,
one circumstance of commanding and unquestioned inte- and the defendant affected to receive the plaintiff's wife as
rest—the result. The anxious attention of • the whole a stranger ; and if any previous acquaintance was proved to
country was fixed upon the new Parliament, not so much have existed between the defendant and Mrs. Dauncey, it
to know what would be said, as what would be done. might be concluded that this meeting was the effect of
There did not remain the fragment of an argument, the previous arrangement, and that the sister was merely made
smallest shred of a fact, whether political, or religious, a party to it, with a view to cover the approaches of the
which had not been many times, and by many statesmen, Colonel towards Mrs. Dauncey. The ladies were persuaded to go
applied to this question. The common inqviry which hung into the gardens ; they were joined by a friend of the defendant's ;
on every lip was, will the Catholic Claims be conceded ? they walked thriotshighwhtileihe
areghreounds,oaninds weenrteedtakebn to see some
not, how will they be treated by this or that speaker ? The a
separationhe templeswplace I}l
T by en
means
took between the parties, and the Colonel and
inquiry has been answered—and answered, we do most ho- Mrs. Dauncey were absent a considerable time. The sister be-
nestly and conscientiously believe, in a way that will diffuse came alarmed at her absence, and again approached one of the
general satisfaction and content throughout the British buildings which they had been previously viewing, when she heard
Empire. It will be said, perhaps, that seven millions of Catho, the voice of Mrs Dauncey, and the sound of an apparent struggle ;
Tics have been exasperated by this answer. We deny it. There and shortly after the Colonel appeared with Mrs. Dauncey's
are not, probably, seven hundred individuals in his Majesty's do- bonnet is his hand, and her cloak was discovered on the ground.
minions, whose interests, real or imagined, can be affected in any She seemed in agitation, and the Colonel appeared to be soothing
way by the decision of Tuesday night, or, rather, Wednesday her : he proposed that the ladies should go to the Castle, to which
morning. But were it otherwise—were it true that every Irish Mrs. Dauncey consented ; when they arrived there, the sister was
peasant in his mud cabin ruminates in sullen discontent upon his invited to play on the pianoforte ; and while she was thus engaged
exclusion from high.loffices of State, as well as from the Senate— the Colonel and Mrs. Dauncey retired into an adjoining room.

still we are prepared to contend, that so long as the majority of
the people of the United Kingdom declare, by themselves, and
through their representatives, that they are unwilling to grant
political power to their Catholic fellow•subjecte, so long the Exe-
cutive and the Legislature are bound to give effect to this expres-
sion of the public will. Their choice lies between a futile attempt
to silence the clamours of a faction, by concession ; and creating a
party, powerful, and therefore formidable, who would in their turn
demand to be conciliated. It is not attempted to be denied, that the
Protestants of these realms, by a very large majority, are not yet
convinced that what the Catholics require can with safety be conceded,
In the exercise of what right, then, can those claims be granted ?
The warmest advocates of the Catholics admit, while they deplore,

that such is the actual state of the Protestant mind in this country.
The admission is. and must be conclusive, till we can be, taught
that the few ought to prevail over the many—a doctrine too
absurd, even in theory, and practically too much at variance with
all experience—to require serious refutation. Under such cir-
cumstances, it is a matter of sincere congratulation, to find the
popular branch of the Constitution, a faithful organ of popular
feeling. It is no less gratifying in another point of view. We
are relieved, by the vote of Tuesday night, from a conflict between
the two branches of the Legislature, which could not have con-
tinued without manifest injury to both. If the House of Com-
mons had gone on year after year, passing a Catholic -Relief Bill,
which the House of Lords as regularly rejected, the latter must
have incurred a large portion of public odium, and, perhaps, de-
servedly so. We say deservedly so, upon the assumption that the
Commons could not have pursued the course described, unsup-
ported by public opinion ; arid if public opinion were really with
them, what friend to the Constitution of these realms, could wish
to see the Aristocracy placed as an impassable barrier between
the people and the Throne ? Yet, such must have been the effect,
unless it were obviated by that kind of coarse and unreasoning
exercise of prerogative, by which a patent majority can at any
time be created for a special purpose, whether laudable or
iniquitous. Upon these grounds, therefore, and believing that
the time is not yet come when Catholic Emancipation can be
conceded, in accordance with the wishes of the greater portion of
the Protestants of the Empire, we rejoice in the decision of the
new Parliament, as one calculated to avert a mischievous collision
between co-ordinate Legislative Powers.—New Times.

LAW INTELLIGENCE.

VICE CHANCELLOR'S COURT, MARCH 6.

When her sister discovered their absence, she endeavoured to join
Mrs. Dauncey, and then found that the room to which they had re-
tired was without any light. Of course her sister's suspicions were
roused by this occurrence; but it remained unknown to the plaintiff,
although it had been noticed in the neighbourhood that meetings
had taken place between the Colonel and the plaintiff's wife. In
July, 1826, the plaintiff, in consequence of some embarrassments,
removed to Cheltenham. The intercourse with the plaintiff's
wife and the defendant was again renewed there; and in conse-
quence of reports then in circulation, and the change in the con-
duct of Mrs. Dauncey towards husband and children, another
sister of Mrs. Dauncey's questioned her younger sister very closely
as to their conduct during their residence at Berkeley. The facts

WRIGHT V. BARDLE.

that she disclosed were communicated to the unfortunate plaintiff;
and that very day, having no other residence to which he could
send his unfortunate wife, be left his home and ceased to hold any
communication with her. This, continued the Learned Counsel,
is the strict history of the case. The plaintiff is unable to show
any laboured chain of seduction by which he has been deprived of
the affections of his wife, but it is a case where a husband has lost
the affection of the woman he loved, of the mother of his children,
with whom he had lived for years in happiness and comfort, and
at last sustained that heaviest of all losses at a time when the other
misfortunes of life left him but the society of his wife and family
as the best of consolations. The Learned Counsel then adverting
to the line of defence which he anticipated his Learned Friend
would adopt, observed, that he knew it would be said that this
woman had fallen a ready prey to the arts of the defendant, and
that the plaintiff had consequently sustained no great loss. Some
women, it was true, fell earlier, and some later. Some men
might have a peculiar facility in discovering at what period a
woman, struggling for the preservation of her honour, was moat
susceptible of the arts by which she was assailed. The defendant
was a man of fashion and fortune, and probably knew as well as
any man at what period he was likely to obtain possession of the
woman who was the object of his passion. It was not necessary
for him (Mr. Scarlett) to show at what time this acquaintance
with the defendant commenced, or what were the arts which the
defendant had used to seduce this unfortunate woman. It was
sufficient for him to establish, that up to the period of their resi-
dence at Berkeley, Mrs. Dauncey had maintained an unspotted
character, and had behaved towards her husband and his children
with the most endearing affection.
Mrs. Sarah Dauncey, sister to the plaintiff's wife,
was present
at the plaintiff's marriage with her sister, Miss Anne Dalton, on
the sth May, 1815. It was a match of affection on both sides.
In July last they removed to Cheltenham, and the witness went
to visit them there. Mrs. Dauncey did not evince the same af-
fection and kindness to her husband and family. In consequence
of some reports, I questioned my younger sister Eliza, who had
been living in the house with the plaintiff and his wife, and she
made a communication to me respecting my sister and Colonel
Berkeley, of which I apprised the plaintiff. I first heard it on
the Friday, when he was absent from home. I informed him of
it on the Saturday, and he quitted the house the same day, and
went to London. It made a very great impression on him.
Mr. James Dauncey, husband of the last witness, and brother
of the plaintiff, and Mr. George Dauncey, another brother, pro-
ved that the plaintiff and his wife, before this transaction took
place, lived on the most affectionate terms.
Mrs. Eliza Dauncey, another sister of Mrs. Thomas Dauncey,
and married to a brother of the plaintiff's, stated—l remember
meeting Colonel Berkeley on the last day of April, with the plain-
tiff's wife, Airs. Thomas Dauncey. I believe she looked at him ;
she turned round as he passed. I was afterwards walking with
my sister near Berkeley Castle, when the Colonel came to the
gate, and asked if he should open it : she said she was much
obliged to him, and he asked her if she had seen the Castle ? She
said she had. He then asked her if she bad seen the gardens ?
She said, " No." He asked her if she wished to see them ? and
she replied, she should like to see them when the Colonel was not
at home. She appointed to go and see the gardens the same even-
ing. I went with her about eight o'clock ; he had named that hour.
We met him, and he accompanied us into the gardens. There
was another gentleman present, who I have since learnt was
Captain Hammond. They walked with us for an hour and a
half. The Colonel walked with my sister, and Captain Ham-
mond with me. They left us, as Captain Hammond would
not allow me to walk so fast. In a short time after, we re-
turned home, and the Colonel made an assignation with us that

This was an application for an injunction to retrain the defendant
from selling or disposing of certain property of the plaintiff seised
under an execution issued at the suit of the defendant. The parties
carry on partnership business at Manchester, and the plaintiff,
in support of his application, stated, that he had been induced to
confess judgment in perfect ignorance of the consequence that
might result from it, and that there was no such debt as that set
forth in the cognovit.
The VICE-CualicEttolt granted the injunction, observing
that without entering into the truth of the charges made in the
plaintiff's bill, there appeared to him sufficient grounds for acce-
ding to the application.

COURT OF KING'S BENCH, A/Alton 7.
JEGIS INSURANCE COMPANY.
CLAY v. LANGSLOW AND OTIIER9.
Mr. ScaarArr stated that this was an action by Mr. Clay, a
printer, against the defendant?, Messrs. R. Langslow, Peter Moore,
and Frederick Verbeke, who formed part of a Company established
i
by a gentleman now serving his country n Parliament. The
Plaintiff sought to recover from them 2781. 19s. 6d. due for print-
ing done by him for the Company. The Company had a very
imposing name, and among other things was called " The ./Egis
Fire and Dilapidation Company, established. for the reduction of
premiums and increased security." "Dilapidation" was, no
doubt, a most appropriate word, for almost every one connected
with the Company had suffered dilapidation by by it. The de-
fendants, in answer to the action, had put in a plea of abatement,
which was in effect saying, that there were other contributors
who ought also to be tined, and who were equally responsible with
themselves. It appeared, that when the delusion practised by the
concoctors of this scheme had become manifest, and when all saw

we should go there again on the. Thursday- evening—this was
on the 'Monday. The Colonel ailed,: if Mr.- Dauncey, was
at home. Mrs. Dauncey said he wag not at borne *hen we
left ; but she expected to find him there when we-returned. We
went again on Thursday, and met in the same place, at half-past
eight in the evening : the Colonel and my sister walked together
again, and went away from us again ; we had been walking :and
sitting on the steps of a terrace in the garden ; when I lost sight
of them, I became alarmed, and sought after my sister ; when I
went to look for her, Captain Hammond did not accompanyme ;
he did not wish me to, go ; I went towards the place where we
had been sitting, and thought I heard the voice of my sister, as
though she was in distress, a stifled voice, as if she required as-
sistance ; when I approached the steps, I heard the voice of the
Colonel, and then saw him sitting on the parapet wall over the
terrace ; he had my sister's Leghorn bonnet in his hand, and her
cloak was on the ground ; Captain Hammond joined us there ;
Colonel Berkeley then asked my sister to go to the Castle, and
she consented ; 1 went with her to try his piano-forte ; when we
went in, the Colonel began acting ; I don't know what character,
as I never saw it before ; be was, going to die, and my sister de-
sired him not to die ; he was acting before we went into the
music-room. The Colonel then played on the piano; after be
had played he asked me to play, and while I was playing, my
sister and the Colonel went into the next room to try the effect
I of the music ; I got up to follow them, but the Colonel would
not let me go, as he said it was no use for them to go if no
one played; I played rather more than half an hour, and then
wanted to go into the next room, but Captain Hammond would
not let tale ; he said I was not wanted there. I made several efforts
to get into, the room, but he prevented me. At last the Colonel
and my sister came out ; her dress was much disordered, her
gown and hair particularly. We went away immediately. Mr.
Dauncey was not at home when we went out ; when we got
home he was ; and something being said about our stay, my sister
said she had been detained at the dressmaker's at Dursley. I did
not tell what had passed at that time ; we never Went again
to the gardens,' or to Berkeley Castle.. We remained at Berkeley
till the following -February. I saw the Colonel once !peak
to my sister in the fields afterwards; I did not hear what
was said. My brother removed to Berkeley in the February
following. I remember the 'Colonel coming to perform at
Cheltenham. He met me, and asked where my sister was
he said he wished to see her, if she would go to Cambray that
evening. My sister and I went about nine o'clock. We "met •
the Colonel, and he said he wanted one ,of us tog° to a house
with him. My sister. went with him to Wellington-place, into
which the back entrance* front the houses in Bath-street open.
I saw them enter a house there; .he went in first, and.Oien came
out and beckoned my sister, and she went to him. This•was on the
12th 'of July. I returned home. Mr. Dauncey was at Bewdley
at this time; my sister. 'returned home about eleven o'clock ; her
white dress was much tumbled, and she, had lea-cemb ottt.of
her hair. My sister bought a ticket for the play, and .we went
to see the Colonel' perform. When my sister Sarah came doWn,
I told her what had occurred, and she told my brother. ,My
brother and his wife, up to the time of the meeting with Colonel
Berkeley, had always lived on the most affectionate terms..
Croas-examined—We were walking in the Castle-fields when
we first saw-Colonel Berkeley; at the time we saw 'the Colonel
we were walking on the common foot path; there was a gate
separating the fields ;- my sister had climbed over this gate before
the Colonel came up ; she was on the other side at the time I was
going to get over the gate. That was the time when, so far as I
know, the first conversation took place between the Colonel and
my sister. I never called at Berkeley Castle, except in October
that year, to carry a note for my sister. There was a bun in the
parcel which contained the note, not a large doll, dressed in the
Colonel's livery. .I carried the parcel in the disguise of a 'servant-
maid. I don't know what the, verses were that were with this
bun ; I believe there was a copy of verses. My sister called also
in a similar disguise.

Re-examined--My sister desired me to disguise myself when
I carried the bun to the Colonel's. I left it with Mrs. Reynolds,
his housekeeper. I did not read the copy of verses. My sister
wrote them, but I don't remember them now : she told me she
sent the bun on account of a Mrs. Bunn, who was then staying
in the Castle.

John David Adamson--I live in Bath.street, Cheltenham, and
know Cot Berkeley: he used to have apartments in nay house, a
room on the first floor; he had them in July last ; be did not pay
any thing, but made me a present when he went away. My house
has a back entrance into Wellington-place.
By the Loan CHIEF JUSTICE—The Colonel never slept there.
The SOLICITOR-GENEB,AL inquired of his Lordship whether
there was any case to go to the jury?
The Loan Cum JUSTICE—Oh, yes; it is a question which
must go to the jury._ . _ _

The SOLICITOIi-GINERAL (with whom were the Common
Sergeant, Mr. Brougham, and Mr. Campbell), in addressing the
Jury for the defendant, observed that his Lordship was unwilling
to take upon himself the responsibility of deciding upon the evidence
in this case without referring it to the jury. For his own part, he
considered the case was extremely defective ; there was certainly
evidence of the giddy and imprudent assignation of the plaintiff's
wife with the defendant, of the meetings in consequence of those as-
signatiens, of her absenting herself for a short time from her sister
in the gardens, and in an adjoining room, but there was no proof
of that guilty intercourse which it was alleged had taken place._
This was not a case where a woman, after a long and difficult
siege, had at last sunk into the arms of a seducer ; but of a woman
who had surrendered herself a ready prey to the defendant at the
first summons; and the plaintiff might as well require heavy da-
mages for a small piece of broken glass, as for the lose of a being
so frail and worthless. His learned friend, in describing the
beauties with which Berkeley Castle was surrounded, had com-
pared its fascinations to those of the Enchanted Palace in Comas,
where the wily enchanter enslaved all who came within its reach;
but be had, at the same time, forgotten, that the whole moral
of that play was founded on the fact of their being one virtue,
which could alone enable those who unfortunately fell into
the toils of the enchanter, to escape, and that was Chastity,—.
If the jury would look at the case as it really stood, was it possible
for them to give the plaintiff damages for the loss of this woman
as a wife of exemplary virtue? If the jury were to give any
damages in this case, he (the Solicitor-General) would say that it
would be setting a bad example to husbands to be less careful of
their wives, and would operate as an inducement to wives to fall
an easier prey into the arms of seducers.
The Jury having retired from the box, after an absence of ten
minutes, returned with a verdict for the plaintiff—Damages,
1,0001.