The Sun.
London, England, 1827-02-08 00:00:00

SPIRIT OF THE PUBLIC JOURNALS.

It is satisfactory to observe, that the commercial ad-
vantages possessed by our provinces on the continent ol
North America have for some time past been engaging
the attention of rich societies and individuals on the
spot, as much as (we fear we might add more than) that
of the Government and of the mother country. The
great stream of the St. Lawrence may be considered the
vital fluid of the Canadas, and the wonder of all mankind
has been, how it so long escaped the notice of the empire
generally, but still more of the Administration at home,
that, by a very moderate outlay of money, the few ob-
structions which occasionally contract 4nd impair the nu-
merous facilities for communication with the Atlantic,
afforded by that noble river, might be completely got
rid of, and a smooth and uninterrupted highway opened
for merchandise, the property as well of the United
States as of British subjects, from the remotest
point of the western territory, through Montreal to the
warehouses of Quebec, and thence to the docks of Liver-

pool and London. The first stimulus which seems to have
been given to the enterprise of our Canadian fellow-sub-
jects, or of the King's Government, was by the famous
canal not long since completed by the citizens of New
York, in an incredibly short space of time, and at a cost
which, though bold and liberal, will, according to Gover-
nor Clinton, be repaid to the proprietors within 10 years;
the objects of which were, Ist, to shorten the passage of
goods from the interior, and 2d, to render the commercial
Intercourse of the western cowry with New York itself,
independent of that line of communication over which
Great Britain could, under any circumstances of peace or
war, exercise the smallest coutrouling or disturbing power.
The effect of this grand work, when accomplished, went
further than the views on which it was professedly under-
taken; for it drew away, as we are informed by the evi-
dence of Mr. Bolton, Solicitor-General of Upper Canada.
one-half of the traffic which had been carried on by the
growers of raw-produce in the upper country, from Mon-
treal, where it had heretofore touched in lransitu, and made
the Hudson, instead of the St. Lawrence, the channel of
communication with the ocean for an immense amount of
bulks and valuable merchandise. This was a blow of
such a nature, as must either have proved fatal or been
effectually parried. It shamed the pride of this inactive
country, and gave the rival districts of tke republic a supe-
riority over those of our own dominions, which might
have powerfully tended to depopulate some of the finest
regions of Upper Canada, transferring the British
settlers to the shores of the United States. A counter
project of canal was, therefore, planned, and has been
acted upon, for an inland navigation, every foot of
which should pass within the British territory, and con-
necting the lake Erie with Ontario, hitherto cut off from
each other by the foul and impassable ground of Niagara,
create an uninterrupted passage to Quebec. This canal
when it comes into operation, will, it is thought by the
best-informed persons, not merely bring back the lost
traffic of which the New York canal had
.despoiled the
British line of conveyance, but withdraw from the United
States' navigation a large proportion of that inland com-
merce, which their own citizens have, until now,
carried on directly with New York.. It is a curious
fact attested by Mr. Bolton, that of 90,0001. subscribed
across the water, towards executing the British Ca-
nal, 50,0001. was at once contributed by one Citizen of
New York, brother to the late Governor of that State; and
25,000 dollars by two other Americans, contractors for two
miles of the work. Altogether, of the. 90,000/., 70,0004
have been contributed at New York only ; and the object
of Mr. Bolton's voyage to England was to try if he could
prevail upon any capitalists here to make up 90,0001. more,
the whole cost being 180,000/. When such millions were
bubbled away from the impure and senseless appetite for
gambling, it was a flattering compliment to people here to
assume that even so much as 90,0001. would be subscribed
towards an enterprise of indisputable honour and substan-
tial benefit to the nation. An attempt is now making by
the employment of moderate-sized steam-boats, to facilitate
the eonveyance of vessels up the rapids between Kingston
and Montreal—a scheme which we cordially hope may
soon and completely prosper.—Times.
A letter was yesterday received from a Portuguese
Gentleman of considerable distinction, which states, that
the reason why the party of the rebels hadincreased so
very rapidly, was the conviction prevailing in the minds
of many persons that the British would not agree to send
troops to protect the new Constitution • and the persons
who were of this opinion argued from the experience of
1823, when the same compliance with existing treaties was
solicited and refused. It was this conviction which in-
theeed Count de Varzea, Baron Molelos, and several other
persons of distinction, to join the Silveira party. If this
is the case, it shews that the sending of a British force to
Portugal has been attended with the most important con-
sequences,_. orning Chronicle.
Nothing can be a stronger proof of the good sense and
honest ambition or Mr, Peel in the public service, than his
exertions to reduce the tmwieldy mass of legislation by
which our Criminal Courts are governed, into a state of
comparative order and system. Instead of disapproving
of the circumspection with which he proceeds, we think
it indicates more steadiness of purpose, more intelligence
of design, than hasty and intemperate,innovation at any
time does. When a species of jurisprudence, however
inadequate to the real ends of justice, has long been inter-
woven with the institutions of a country, it cannot be
rapidly altered without producing a great deal of uncer-
tainty and confusion. But we hope what he has done is
only an earnest of the improvements in our law, both civil
kind criminal, which, when the little political rivalries of
;he day shall have been forgotten, will give his name
wit.'' honour to remote posterity. It has often happened
Ist the nossession of power has acted like a sedative
An the pod ititentions of men who previously appeared
,exceedingly ardent in the cause
,of public improve-
?neut. Mr. Peel, without raising himself into power
py popular artifices, has, by commencing the great work
of legal reformation, done more for the real advantage of
his country than any of tha vehement declaimers who,
for a long course of years, have been lavish of promises
to the public, and have secured, by the consequences of
popular fame, the object of their ambition. We believe
the late Sir Samuel Romilly, who was no noisy declaimer,
to have been actuated by a sincere desire to improve the
criminal Law; whose character and operation he saw
with the eyes, not of a lawyer, but a legislator. It was
not his fate, however, to have The power of carrying any
of his intentions into effect—but it is not the system of
Criminal Law to which an enlightened statesman ought to
confine his ameliorating efforts. Nre have already,
at times, pointed out defects in our civil code, that
require amendment before our laws can be said to
answer the demands of our civilization. But above
Sit, we would direct his attention to the whole system
of special-pleading, as having the effect rather of em-
Larraesing than facilitating the ends of justice. No-
thing, indeed,-could have been better contrived to add to
the expences of law unnecessarily, and to strangle the
ir...2rits of cases in the complexity of their forms, than the
English system of special-pleading. All forms iri law
should be merely subservient to the effective administra-
tion of justice; but when forms, instead of producing
order and precision, involve even the simplest cases in
obscurity, such forms must be bad ; they may be inge-
nious enough, but they are not the result of intelligence.
_A. redundancy of verbiage, such as that which is now ne-
cessary in declarations, special pleas, &c. can only serve
to perplex cases, and augment their expences. The best
'saws on our statute books, are those which are the most
clear and concise, but while the process of conducting
causes in our Courts is so perplexed with needless forms
and idle repetitions as it is, the best laws would become
unsatisfactory by their mode of administration. We sin-
cerely hope that Mr. Peel will before long bring a bill into
Parliament to correct this great and increasing evil.—
Morning Herald.
The chiefs of the Roman Catholic Religion put forth,
some time since, a sort of confession of faith, in order, it
would seem, to purify themselves from the taint which

adheres to their most orthodox brethren of Ireland. That
.confession of faith (or, if- they dislike a Protestant phrase
—that declaration,) is now to be brought forward as an
authentic document, recording the sentiments and belief
of a most respectable portion of our fellow-subjects. If
what where wanted were merely an expression of the
opinions of individuals, this would he enough : but the
question is—not what the Duke of Norfolk thinks, or LOrd
Stourton, or Mr. Butler, or any other of those eminent
persons, who, though honourably adhering to the name of
the faith in which they were educated, have had their un-
derstandings and their hearts exceedingly uncatholicized
by habits of intercourse and friendship with heretics, and
the books of heretics—but what are the doctrines of the
sole, infallible Church. Is it not extraordinary that the Ca-
tholic Priesthood of Ireland should stand aloof from that
which is announced as the profession of faith among
their brethren of England ? Where a party is aiming
at the acquisition of political power, open and avowed
union is necessary above all things. Why, on an occa-
sion so important to the Catholics, as • their vindication
from the obloquy which has been thrown upon their creed
as the enemy of the freedom and the happiness of nations,
do they voluntarily lose so important an advantage ? We
have read the declaration of the English Catholics With
unfeigned satisfaction ; and we should be most happy to
believe that it contains all the essential doctrines of their
Church, and nothing contrary to what their Church re-
cognizes. They act a wise and a prudent part in endea-
vouring to meet fairly, and remove completely, those anti-
pathies to their system which are kneaded, as it were, into
the very souls of Englishmen, and which make them re-
gard it as pregnant with mischief to the morals, the intel-
lect, the industry, and the high spirit of a free people.
But our Catholic brethren have not done enough ; and,
after what they have
,done—after the anxiety they have
shown to correct the prejudices of Protestants—we ex-
pect them to do something more. They know well that,
in their church, there can be no difference of opinion; and
that there is, at every moment, an infallible judge to pre-
serve the true faith uncorrupted. We, therefore, take
the liberty of suggesting to them, that they will enable
their Protestant friends (the only friends whose assistance
can contribute any thing towards the accomplishment of
the object they have in view) to give much more effec-
tual aid to their cause, if they will adopt the three follow-
ing measures :—First, they ought immediately to procure
the adhesion of the Catholic Priesthood of Ireland to the
declaration of opinion which-has been avowed by the Ca-
tholic Pastors of England. We must presume, of course,
that difference of Opinion among the consecrated Ministers
of an infallible Church is impossible; yet, strange to say,
the language of the Catholic Priesthood of England, and
that of the Catholic Priesthood of Ireland, sound widely
different. This difference ought either to be removed
or explained. Secondly,—As the Catholic Church has
an avowed visible head, who, in his ecclesiastical ca-
pacity, cannot err, the declaration of our English Catholics
ought to be submitted to him. Why do they not obtain
a Bull, or some other official document, from Rome, which
will prove to the whole world, and to every succeeding age,
that the opinions avowed by our Catholic fellow -English-
men contain all that is essential, and nothing that is con-
trary, to the dogmas inculcated or entertained by the See
of Rome ? Thirdly—lf the Papal sanction should be re-
fused to this formal declaration of faith by the Catholics of
England, they ought forthwith to announce to mankind,
that, notwithstanding the dissent of his Holiness, it con-
tains the true exposition of their faith, and that the Pope's
refusal to lend to it the authority of-his name, or the issu-
ing of his anathemas against it, does not, in the least, vary
their belief. If our Roman Catholic fellow-subjects can
once convince their countrymen that they are not the ab-
ject creatures of a foreign tyrant of the mind, and-that they
claim and enjoy a right of exercising a free judgment on
matters of religion and morals, and of acting accordingly,
they will do more to further their cause in England, than 1
by any other means.—New Times. 1

LAW INTELLIGENCE.

COURT OF CHANCERY, FEB 7.

IN THE HATTER OF LORD PORTSMOUTH, A LUNATIC.

Mr. WRIGHT applied for an order, to confirm the Master's
Report, approving of the granting of certain leases of parts of
this noble lunatic's estate.

His LORDSHIP enquired if it appeared by the Utster's Report,
what the interest of the lessor was.

Mr. Wniuirr could not state, at the moment, whether it did
or not ; but he understood the estates referred to were in Ireland,
and that the present report was attendant upon an original order
made by the Court upon Lord Portsmouth's powers of leasing.
With this explanation, his Lordship understood what the facts
were, and ordered the repOrt to be confirmed.

VICE-CHANCELLOR'S COURT, FEB. 7.

FURNIYAL V. MESSRS. RICARDO, HEIELTINE, AND BARCLAY.

Mr. SU (MEN moved, on the part of the defendants, for the dis-
solution of an injunction which had been obtained exparte on a
previous day, restraining the defendants from disposing of certain
shares in the British Rock and Patent Salt Company, and of cer
tain promissory notes. The shares and notes had been deposited
with the defendants as securities for the sum of 76,000/. advanced
by them to the plaintiff.
Mr. HEALD said, that as the affidavits of the defendants would
satisfy the Court that the plaintiff owed them money, be feared he
must consent to the dissolution of the injunction.
Mr. SUGDEN-And with costs.

Mr. HEALn said, that was never done except in a gross case.
SLGnEN observed, that this was a gross case, for the in-
junction had been obtained on the representation that there was
nothing due to the defendants.
His HONOUR dissolved the injunction with costs.