The Sun.
London, England, 1842-08-09 00:00:00

HOUSE OF LORDS.—(THIS DAY.) l It seemed by other appeals of a like nature to be sup-
posed that there was something profane in the Legisla-
-ture which acknowledged the Divine origin,of .thealaower.
of the Church in endeavouring to enforce the exercise of
its duties by temporal penalties ; yet the compellina, men,
or a body of men, to exercise the faculties they had re-
ceived from Heaven, was one of the most ordinary acts
of the Executive legislative and judicial power, not to
mention that it was the act of ordination itself,: and- not
the preparatory trial for ordination which the Church
claimed to receive from above. But when men sought to
excuse themselves for any contumacy, or refusal, or neglect,
and endeavoureA to justify it, they had fallen into a much
more practical error—one of a much more sinister as-
pect, and fruitful of far more dangerous consequences.
We have, say they, on the one hand, the opinion of the
civil courts, and. on the other the positive injunction of
our ecclesiastical superiors ; and that all they did was to
refer to those superiors fur advice. In what difficulty
did they refer to them—touching what nice perplexed
matter—involving what tangled controversy ? .No leas
nice, difficult, and perplexed question teen whether
they were to perform a duty which had Been de-
clared to be incumbent on them, or whether they were
to fellow the advice of other persons, who set theanselves
in opposition to the tribunals of the country, and com-
manded them to disobey their decrees. And who rid
they resort to ? Not to unbiasel advisers, whose coun-
sel would be safe, but to parties whence had prbceeded
the unwholesome advice that they should disregtad the
law. "It is fit," remarked the Noble Lord. in iconclu-
shm, " that these men learn at length obedience. to the
tribunals appointed over them, a lesson which all, ethers
had long since acquired, and Which they, in learning,
must be prepared to practice. It is just that they should
make reparation to those whom their breach of -a plain
duty has injured—a duty which is not doubtfld, but
which the Courts have distinctly laid down—One in
which their failure could not be a mistaken opinion nor
an error in judgment ; they knew what they ought to
have done, and they have refused to de it, ad the
penalty of their transgression is, that they should] make
compensation to those whom they inive injured by their
pertinacious refusal to perform their duty, and yield
obedience to tlo.e law.
Lord COTTENBAM said that•he felt- great satisfaction
that the case had been so fully discussed by the Noble
and Learned Lords who had preceded him. A few sen-
tences would expreas the grounds on which he con-
curred with the opinions they had stated to the House
that the judgment appealed from should be affirmed.
The Presbytery in the present case had no discretion, the
was clear. They had refused to obey it, and the re-
sult was injury to the party; such being the case, he
had a right to maintain an action. But then it was said
these parties were not individually liable for the acts of
the Presbytery at large. Now, what was the fact ?
Why. it had been decided by the highest tribunals
in Scotland and this country that such was not
the case, and that there was no ground for
such a defence. The law was, that parties
committing damage, were answerable fur it ; the appel,
hurts were the parties who had committed that damage;
by violating the law ; the Court of Session had decided
that they .were liable for that damage, and he had no
hesitation in saying that the interlocutor of that Court
aas correct, and ought to be affirmed. • •
Lord CAMPBELL was also of opinion. that the interlo-
cutors of the Court below were correct, and ought to
be affirmed by their Lordships. The Noble and
Learned Lord, after going over the feels of the
case, stated that, upon those facts, he believed
the action was well brought. The refusal to obey the
decree of the Court of Session, which was affirmed by
: hat House, to say the least of it, was committing a
wrong, and if that wrong worked injury to any one the
party committing the wrong might have an action
brought against him by the party injured. The mem-
bers of the Presbytery need not feel their dignity hurt
by this decision, but it was said that this action was
an interference with the right of the Church to
confer holy orders. God forbid that any Civil
Court should take upon itself to decide whether
Any person was fit to preach the Gospel or to mind-
'lister the Sacrament ; but he was satisfied as to their
jurisdiction in those cases where the preparatory trial was,
refused. Under the Act of Uniformity the Bishop had been
compelled by a mandamus to grant a license, there was
a distinction between a Bishop refusing to ordain hav-
ing found the candidate unfit, and refusing to grant
preparatory examination. From the time of Thomas
a'Becket till now, there had been no such assertion of
Ecclesiastical power, as that a civil tribunal could not
call in question the decision of any Ecclesiastical Court.
In the most palmy days of Popery in England, if the
Ecclesiastical Courts exceeded the Canon, an ap-
plication was made te the Courts of Westminster,
a prohibition was granted, and the law easily
vindicated its dignity if the Bishop resisted the proceed-
ings. He was not aware that the Roman Catholic
Church in Scotland ever claimed a higher exemption
from civil jurisdiciion than the Catholic Church in Eng-
land, or that the Reformed Church ever had a greater
exemption than the Catholic Church ever possessed. As
to the complaint that they were made liable for acting
according to their consciences, nothing was more
dangerous than the obligation to obey any law should
be made dependent on individual opinion of its pro-
priety. He believed no Church had ever administered the
rights of religion more satisfactorily than the Scotch,
as proved by the high moral condition of the people, and
he hoped they would continue to dispense those blessings
to distant generations ; but for this purpose it would be
as well for its members to pay respect for the supremacy
of the law, as its predecessors had done ; it would be
well if they would follow the example of a Macintosh, a
Robertson, and a Blair. A continual application to
Courts of Justice would inevitably lead to confusion,
and the subversion of that Church, which ages had not
been able to impair.
Their Lordships then ordered the judgment beloW, to
be affirmed with costs.
Their Lordships gave three other judgments of no
public interest.

Their Lordships met to-clay shortly after two o'clock,
for the purpose of delivering several judgments.. The
Peers present were the Lord Chancellor, Lord Brougham,
Lord Cottenham, Lord Campbell, and Lorcl Beauchamp.
TUE AUCHTERARDER CASE -THE REV. JOAN FERGUSSON

V. THE EARL OF KINNoHL.—JUDGMENT.

THE SUN, LONDON, TUESDAY EVENING, AUGUST 9, 1842.

magistrate to whom the disclosure is made; and we
put it to any reader to say for himself how he would
act in it,-taking, as-every one ought to take, the moral
law of Christianity for his guide ! The more gene-
rous and the manlier feeling of our nature
would say at once, perhaps, have nothing to
do with such a miscreant ; but then look to
the other side—you see a murderous conspiracy,
bathing the country in slaughter, invading the
sanctuary of rest and peace with the midnight
firebrand, and the pike red with the blood of
innocent men, of women, and infants. Will you
incur the responsibility of not exerting yourself ,as
far as innocently you may, to rid your country from
such a plague ? Besides, the Magistrate has left
himself without a choice—for he has sworn to.
use all diligence in repressing crimes and
detecting conspiracy against the public peace.
Upon the showing, then, of those wo ac-
cuse them; 'and. putting. the case as strongly
as it can be put against them, the Magistrates ar-
raigned at the Armagh assizes have only done what
it was their duty to do ; and it is ungrateful, as well'
as unjust, for thus: who have the 'benefit. of the faith-
ful discli;;rge of what must be a painful and even dis-
gusting duty, to kin in the Cr' against them.

[LEFT SITTING.]

• • MARKET INTELLIGENCE,/
Front the London New Price Cc:l-rent of August 9.)
SuGAR..—The market for British Plantation Sugar has
presented a more lively appearaifee since our last report;
from the Grocers the demand has been good fir :all de-
scriptions, the Refiners have operated inure freely; Im-
porters have manifested firmness and have obtained fully
former rates.
To-day importers of We,t India, Museovadoes';Sugar
were firm, and obtained prices fully equal to those Of
Friday for all descriptions ; there was a rood demand,
especially for yellow sorts of sugar. This afternobn the
public sale of 150 Ithds 8 trs Barbadoes Sugar went at
full rates, and all sold,—fine yellow at 66s to
.675, good
63s tid to 655, mid 62s 6d to 635, and low Gls per cwt.
REFINED- —To-day the Grocers were free purchasers
of Refined Goods, Standard Litn•ps fetched 795, tittlers
common 78s 6d to 795, and Brown Grocery Lumps
76s 6.1 to•7Bs 6d per cwt. 'The Refiners are less desirous
to sell. Of Bastards several parcels were taken.' good
and tine at 55s to 60s, and low to mid 48s to 545. Pieces
were in request. Bonded Crushed Sugar. is firm at 265,
and in good request ;, other articles are without change.
111. 1 BITIUS.—This' afternoon there was no public sale;
privately several inquiries existed, and stiffer rates were
offered but the smallness of the supp!y tended to operate
against business ; good and line yellow sorts fetched 64s
to 68s, -common to mid 60s to 63s 6d. mid to flue brown
• 58s to 60s, and low 576 to 57s 6d per cwt.
EAST INDIA.—This afternoon there were several in..
quiries for Bengal Sugar, especially for' I )obali and good
white„ surts. 1,140 bags were put up•to the hannuer and
sold at very full rates, good white fetched 67s 6d, mid
and good mid 65s 6d to 66s Gd, commons 643, damp 60s
to 635, good sound all 64s Gd to 63s per cwt.
Folisaox.—To-day white Bavannah was wanted, but
the atilt rates required checked business, and 2,605
boxes at auction were taken in 6d tv is above the value,
viz. fine at 31s to 325, good 29s to 30s Gd, mid 28s to
28s 6;1, low 27s to 27s 6d, slightly damaged 28s, washed 275,
since the sale, however, the whole had been sold rather
under those rates, or at an average of 29s 9d per cwt
yellow and brown in good request, and 593 boxes at
auction ivas sold at full prices—mid yellow fetched 17s
Gd to 18s, low soft 16s 6d to 17s, brown 15s 6d to 16s,
and damaged 15s to 16s 6d per cwt.
MoLAssEs.—This afternoon the demand was brisk for
West India, and 200 puns Were sold, Berbice. good at
26s Gd, Antigua good 30s, and good mid 29s to 29s 6d
per cwt.

COCOA.—This afternoon the trade operated cautiously,
and 387 bags 17 brls of Trinidad at public side, a very •
small part only found buyers at 33s Gd to. 36s 6(1 for
common to good red.
Rum, BRANDY AND IfoLLANDs.—The demand has
been brisk for good and find Jamaica •Rum, and stiff
rates have been paid; but all other sorts have been taken
• sparingly, and prices have fallen Id to 2d; 28 to 32 per
cent overproof at 3s 9d to 4s 2d, 33 to 36 over 4s 4d to
4s Bd, better quality and fine of the same strength 5s to
5s 6,1, very fine 5s 8d to 5s 10d. Leewards at 2s Id for
proof of good quality. East India Rum proof at the
high duty at is 5d to is 54-d, and at the low duty is 6d to
Is 9d per gallon. The market for brandy has been in a
dull state. Cognac of the best brands of the vintage of
1837, hhds 5s id, puns 4s lid ; 1838, hhds 4s lid, puns
4s 9d ; 1839, hhds 4s 4d, puns 4s 2d ; 1840. hhds 3s lOd,
puns 3s 8d ; • 1841, hhds 3s 9c, puns as 7d per gallon.
.Geneva is 10d par gallon. British Corn Spirits at 9s 10d
per gallon. To-day the Ruin market was firm, Jamaica
of common quality sold at 3s 8d to 3s 9d, middling to
good 4s to 4s Bd, and fine 5s 2d ; proof Leewards 2s Id
per gallon.
COFFEE.—The ouantity of British Plantation Coffee
briught forward during the past week has been small ;
for mid and the superior sorts several inquiries have
existed, and most of the parcels offered privately have
been disposed of at very full rates. Mocha has been in
good request, at stiffer rates.

This afternoon West India Coffee was in good request,
and holders were firm ; 381 brls Trinidad wet.) offered
at anotion, which went at full rates, and all sold,—tine
ord at 79s 6d to 81s 6d, fine tine ord 83s to 88s 6d ; two
lots middling and good middling 103 s to 123 s per
cwt. The market was inactive for East India, and
holders are not so firm ; 73s 6tl
,to 74S accepted for
good ord Ceylon, and 45s to 48s for •Company s Java.
Foreign, however, is held firmly, and the demand is
good ; the private sales have -been 1000 bags, ord to
good ord St. Domingo at 31s 6d to 32s 64,. fine'ord 13s.
to 345, and Rio ord to good ord 32s to 35s per cwt. The
Cuba taken in at public sale last week has been chiefly
sold for export at 70s to 80s for mid to good mid. On
'Change. a floating cargo of St. Domingo Coffee sold at
32s per cwt.
TEA.—To-day holders of Tea were thin, and very few
parcels are offering ; although there was little inquiry,
still some parties were more disposed to operate, and
sales were made at is 71d to Is 8d for ortiinary and
good ordiaary sound Congo% cash. Company's cannot
be purchased under Is 9d per lb.
SPICES. —Pimento at stiffer rates. Holder of Pepper
are firm, and have obtained stiffer rates. Nutmegs have
secured a fair sale at their previous value ; Cinnamon
has supported the late advanced rates ; Ginger is firm
in price ; for Cassia Lignea prices have further advanced
is per cwt. _ _

RICE.—For Bengal the demand has been good and
prices have advanced 3d per cwt. Java at stiff rates ;
Carolina, first sort at 30s, second do. 28s, and third do.
265; Patna at 15s to 20s Gd per cwt.
-To-day large purchases were made privately in Bengal
Rice, chiefly for export, and at stiff rates; lOs paid for
low and lOs 6d for middling white ; under the former
rate nothing of white quality is to be had.
OILS.--For common descriptions of Fish Oils a good
demand has prevailed from the home trade, but the
shippers have operated with much caution; Cod Oil at
311 15s, Southern fine at 341 los to 351, good 33/ los to
34/, common to middling 31/ 106 to 33/. Seal •
Oil has declined los ; new Pale at 361 lOs
to 36/ 15s for first sort ; Elephant at 33/ 5s to 34155;
Sperm Oil, best British, at 841 per tun. Rape Oil 42s 6d
to 43s for pale, and, 42s to 42s 3d for brown. Linseed
Oil, lower rates have been accepted, and at 30s per cwt
there are sellers both on the spot and for delivery. Cocoa
Nut Oil has sustained the former currency ; Ceylon at
39s Gd to 40s for first sort. Palm, fine quality at 32/103
to 331, good 32/ to 32/ ss, and inferior 30/ to 31/ 15s per
tun. Olive Oil, Barbary, at 491 to 491 lOs per tun ;
Spanish 501 to 51/ 10s, and Gallipoli 55/ lOs to 56/ pertun.
TaLLow.—Holders of Russian Tallow having sub-
mitted to a slight reduction on former rates has caused
the trade to come forward with more alacrity. On the
spot P.Y. Candle at 47s 9d to 48s per cwt. For delivery
at 48s to 48s 3d for the last three months of the year,
and at 48s 6d for spring. South American at 42s 9d to
46s for common to fine quality. Town Tallow at 465.
to 46s 6d per cwt nett cash. This afternoon there was
less business doing in P.Y. Candle, and 47s 9d is the
nearest quotation for parcels on the spot, but for delivery
there are not sellers under 48s 3d.

IMPERIAL PARLIAMENT.

(THIS EVENING.)

HOUSE OF LORDS.

The CHANCELLOR took his seat on the Woolsaek at
Twenty minutes past Five o'Clock, their Lordships hav-
ing been engaged up to that time in hearing evidence
upon Jackson's Divorce Bill, which was read a second
time.
Several Bills were brought up Irons the Com Mons.
CONFERENCE WITH THE COMMONS..
Mr. GREEN and others from the Commons brought -up
a message respecting a conference on their Lordships'
Amendments to the Parish Constables' Bill.

---
COLONIAL rCONSIITUTION (CAPE).
The Marquis of CLANIZICARDE presented a peti-
tion from inhabitants of the Cape of Good Hope, praying
for a Local Legislature.
EAST INDIA SLA VERY.

The East India Slavery Bill was read a third time
and passed.
COPYRIGIIT OF DESIGNS BILL. • -
This Bill was read a third time and passed.
TREATIES WITII PORTUGAL, &c.

' The Earl of ABERDEEN laid on the table two
treaties entered into by her Mrjesty with tin) Queen of
Portugal, one OH the subject of commerce, and the
other on that of the slave trade ; and also for the cor-
respondence with other Powers on the subject of the
slave trade.
The NOBLE LoaD then brought in a Bill to repeal the
Act passed in the present session, for the suspending the
totptge,rda.tioln,il.te' st Bill tippbreessaioo, Proposed to repeal
ivi Bill as related to For-
-1%•0 passed because it was supposed that the treaty
with Portugal might not be ratified before the caul of
the session; but as the treaty had been ratified, there was
no necessity for the suspension of any part of the Slave
Suppression Bill.
The Bill was read a first time, and ordered to be read
a second time to-morrow.
• The Manchester, Birmiugham, and Bolton Police Bill
passed through Committee, was read a second tittle and
ordered to be read a third time to-morrow.
H LILL AIPS MUSIC.
The Earl of RADNUR as!ied if it were true that
the Government after all did not mean to apply any part
of the grant of 40,
000/. to the support of the musical
classes on Ihillah's system
Lord WHARNCLIFFE said that the whole of the
grant was to be applied to general education. But it
was niftier -consideration to submit a proposition for a
separate grant, fl,r nrsical strueCcn.
Lord BROUGHAM expressed his approbatitzt of the
course proposed by the Government to devote The last
grant to general education, and ask for tr, gr..,ht
next year for the instruction of the people iu music.

The Consolidation Fund Bill went through Commit-
tee, as did tha Exchequer-bills Bill, the Canad:tiri Lean
Bill, the Lunatic Asylums (Ireland) Bill, and the Ec-
clesiastical Leasings Bill.

NE VVFOUNDLAND BILL.
The Earl of RIPON moved the second reading of the
Newfoundlandland Bill. The Noble Earl then explained
the provisions of the Bill, which have already been amply
detailed in the reports of the discussions on the Bill in
the other House of Parliament.

Lord CAMPBELL thought that the Constitution of
Newfoundland ought to be reformed, but he by no means
approved of the mode in which that reform was by the
present measure sought to be carried out. •
After a few words from the Earl of RIPON, in ex-
planation,
- The Marquis of CLANRICARDE was not hostile
to the Bill, but could not but express his surprise
at the circumstance under which the measure was
Ltroduced at so late a period of the session, and Without,
the- feelings t.,f the people 'Of Newfoundland! being
first ascertained as to the mode in which it was now pro-
posed- to-deal with their constitutional rights. I
• The Bill was then read a second time.—Comrnitted
to-morrow.

HOUSE OF COMMONS. ;
(Continued froth our Afternoon Edition.)
The House resumed at Five o'Clock.
SPY SYSTEM IN IRELAND.
Mr. T. DIS.NCOMBE preset, te,l a petition froth • a
puldic meeting held in London, against the preseht Spy
system employed' by the G overnment in Ireland, praying
the House to abolish the system, and also to present an
Address to the Crown, praying that the Crown,would
repeal the sentence lately passed on the three men at the
Armagh Assizes who were found guilty of Ribbonism
that country, upon the avidenee One, of those spies.
hO HON. GENTLEMAN said, that understanding from
the Noble Lord the Secretary for Ireland, that the Irish
Government knew nothing of the employment of those
spies, and as it also appeared that the Nla,gistrates said
that they lintni- nothing of the mutter, he wished to ask
the Noble Lord who it was that had employed those spies?
Lard ELIOT said that the person referred to (Hagan)
during the time he . was out of -custody on bail, was
beyond the coat roul of the magistrates. That individual
was certainly nut employed either by the magistrates or
by the Government.

- Mr. HAW ES asked if it Avas the intention of Govern-
ment t4l lay the second Report of the Revenue Commis-
sioners before the House.

Sir H. PEEL said that the parties examined before
.the Commissioners had given their evidence in a free and
open manner, that was most advantageous to the-public
service ; but he (Sir R. Peel) con,idezed it would not be
attended with advantage to the public interest to publish
the report.