The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1843-05-12 00:00:00

W iNTILL/0/

. If the report
1, then it would

CHANCELLOR'S COURT

t to tl

s to bring, the new trustees be-

Before SIR L. SUADWEI

urt as defendants in the "present or some other
Lave the question raised on the evidence cle-
at as the case stood at present the former

&DY HE

CnAN

only defendants, had no interest in

sets of petitioners under

am's order

ked to have the report confirmed

ejections which on the affi-

lich each other had

1 to havi

Scotland

ad to having Messrs. I

Rolf, and Thompson trustees, be

,se they

cro we

zerce had not said that they ought not to be the
effectthatot to be h
a Unitariant
r*
en
trustee.
dis-
senter or
Church
oi it h had sEngland-manaidi n
ought n
.oe Scotch Secession But Ido not understand upon the evidence that
in the English Indepen- and the others were members of the secession, and Mr. Lona-
. The dale and the other persons were members of the Church of
their petition to con- Scotland. It was clear upon the evidence that in Lady
ie Independents insis- Hewley's lifetime there were Presbyterians congregations of
reposed solely of mem- in many places in the northern counties—for
instance, at
_....0e, asked that the Master Whitehaven—consisting wholly of natives of E
might be directed to review his report. His Honour said— English Presbyterians did not cease to be English9gland. But
In this case the Attorney-General, at the relation of Samuel rasa merely because they were in amit with il Presby te-
Shore the younger and others, by amended information, Scotlnd, or the Secession Church, ory the R, e Church of
stated that during the times of the religious persecutions of and Presbyterians in the north of England, elief Church ;
the English Presbyterians and Independents, and other per- both denominations, in amity with the Seceseongregations of
sons calling themselves godly dissenters from the Established the Church of Scotland, had actually
sion Church and
participated in the be-
Church, in the time of Charles IL, Dame Lady Sarah Hewley nefits. Tynemouth, Alnw. klc , Long Cramli
stood forward as the protector and supportor of the ejected Morpeth, Penrith. Great Salkeld, Plum t ngton, Lewick,
ministers of St. Bartholomew's-day (1662), and of the persons and Carlisle, and from them had sprung P on, Penruddock,
calling themselves godly who were non-conformists, and who some of whom were in amity with the Established Presbyterians,
were subject to pains and penalties in those days fort heir Scotland. In some of the congregations there Church of
na-
forms of religious worship; that by her trust deed of 1704 it tives of Scotland, but they were few in were some
was declared that the trustees and managers should, in their of the congregations of the charity—of
proportion, and some
disposition and distribution of the charity, have a primary re- sets of Presbyterians there was
no doubt. From
the orthodoxy of both
gard of such objects thereof as should then or thereafter be sages in the evidence it appeared they h
in York or Yoskshire, not excluding those in other places
.confession of faith, which substanteld the Westminster
and counties. That in the hospital deed of 1707 she directs cles of the Church of England. allyagreed with the Arti-
the surplus to be distributed and disposed of to poor godlY said his honour, " why gentlemen be nd
.I see no reason,"
preachers and their widows ; that up to the day of her death gregations, or the ministers of them, though longing to these con-
she was satisfied with the persons she had appointed to be yet resident in England, should not b Scotch by birth,
the trustees of her charity ; that the Rev. Mr. Shelton, the made with reference to the distance from York,
Objections
trustee first named, was a non-conformist. The information engaged in business, applied to the York, or from being
also stated that Dr. Coulton, the original preacher at St. as to the others, and had nothing relators' trustees, as well
Saviour's Gate Chapel, York, whose ministry Lady Hewley relators objected to the re substantial in them. The
attended, and was her spiritual adviser and her sole executor, of each set of Presbyterians to be
port because two were selected out
is named another of the trustees, and Mr. Hodson, minister the In The number strustees, and only three of
of the hospital, was one of the attesting witnesses of Sir John in proportion to the number of c even could not be divided.
Hewley's will, and private chaplain to Lady Bewley. That ties, or to the number of individuals churches of the different par-
Lady Hewley died in 1710, that the dissenters from the ches. If four ldepende t
composing their chur-
established church within the protection of the toleration act have a majority of thewhole Ts s were appointed, they would
' William and Mary, at the time of the foundation of these number. The numbers adopted
gave a preponderance to the larger bong,
.ies, and for whose sole benefit these charities were in- others, but not an absolute
majority of the whole and in
tended to be applied, and who are now commonly orthodox that respect I think the master ri ht. Th ' e.real objection
dissenters, were desirous of having a judicial declaration urged by the relators against the g
as to the proper mode of administering and distributing that persons such as the modern Independents
other petitioners, viz.,
these charities. That the great body of dissenters dis- only persons that Lady Hewley intended should
were the
tinguished in those times by the names of Presbyterians, ticipate in her charity,. cannot, I think, be decided upon par-
Independents, and Baptists, differed amongst themselves present petition ; but it was very fit there should übpeon the
solely in articles of church government, but as to its Divine persons before the court legally to argue the question some
ey
origin, and as to forms and ceremonies, and as to the articles vittth the relators, which must be judicially decided upon fairly
of faith, and religious adoration and worship, they were all words of Lasly Hewley's deeds. What Lady Hewley
the
per-
agreed among themselves and the English Church. One sonally or privately felt or thought, or what, if she wereeY
part of the prayer of the information was that the ministers alive, she would feel or think on the question discussed nowe
of what was called the Unitarian belief or doctrine, or who fore the court, it might be difficult to say, but, considering
were what was commonly called Unitarians, were not fit her piety and benevolence, it was probable that she thought'
objects of Dame Lady Sarah Hewley's charity. Another an English Presbyterian would have approved of the exe
part of the prayer was, that such dissenters alone as wereer tion,shwt i . th
had recently
Church of Scotland, more ri idly-
now commonly called orthodox dissenters can be consid_,ewo. Pre: y erian,e u recently made in favour of the Jews, and
as coining within the meaning and intention of Ladyl of would have b e delighted to ponder upon the details of the
le
charity, or be entitled to participate in the benefitsee.a_ interesting
enarratives which had lately been published b
her charity ; that they therefore asked for an inclusived_l s l ssrs. Bonner an Cheyue, two of the missionaries from
ration. It appears from the full report of the proceeding
witness thatchurch.tThe order I shall make with reference to the
• nof Mr.
in the House of Lords that Dr. John Pye Smith, a _hetirmly petition to
and the. Park and others, Mr. Thompson and the
for the relators, deposed he had no doubt, and that, _ _
r.
t
be to confirmamended petition of the Attorney General,
believed the same, that Lady Hewley, Dr. Coulton, ivl
reputed rnui the master's report, and to give all parties
Hotham, and W. R. Shelton were Trinitarians, and fon their costs out of the estate ; Mr. Park and the others, Mr.
to be dissenters. -He could not affirm.of what denonroo i_a i
d "doubt cording Thompsonto Lanor,ll3jootehers, having but one set of costs ac-
they were, but as a matter of probability he had
mina- the 17th of December,ttnham's order. As to the petition of
they were of the Presbyterian or congregational dine
term except to give ll 18-12, he should make no order upon.
lion. That the ordinary sense and meaning of the
amemaouer. a 63.0areties their costs out of the estate in the
Presbyterian or Presbyterian dissenter at or about the time
a p articular cpetitions, but.it must
order must be made on all the four
of the foundation of Lady Hewley's charity,
was • 'a d from -already mentioned.be prefaced with the statement I have
Establishment who differe
class of separatists from the Rev. Thomas
two other classes in external discipline. The
Lady Hew- The suit b the which f
Scales for the relators, deposed that he believed
Iran, Na- Cork ;Mining Com rso the late Lord
peed r. West
ley, Air. Bowles, Dr. Coulton, the Rev. IVIr. Hot o __lli.
been finally bysettlecipiannyliuhimhas been so long ing, has
thaniel Gould, Timothy Hodson, Martin Hotham, IL.diZt. y
la company were decreed to the Lord Chancellor. The
Hotham, were all dissenters, and that he believed Ti
ational in default their interest inPahY £65,400 within one month, or
Hodson and Nathaniel Gould were of the congref
p esbYte- as any otherproperty h t e mines would be sold, as well
f the class called
class, and that the rest were o he word or term In the Consistor Co t
rians. Dr. Bennett also deposed that t
I used as • • y ur on Wednesday, the suitor for the
Presbyterian at the time referred to was commotp
and
T„........ restitution of conjugal rights, instituted by the Earl of Dysart
the name or description of a class °w ere
.1 .citru. Trinst huis eountess (the father and mother of the bankrupt
lish Protestant dissenters, and they were so 'are.
ter:. 1"
Now allegationolll
beennbtamgtower), was proceeded with. A responsive
enlist a body as to give the name to all diss. n
evidence that I d
of given in on the part of the countess, and
the statement in the information and the t
urpose of the answers Lord Dysart were objected to. The judge
have noticed all seem as if made for the direec
according to took time to look into the pleas before giving his opinion.
procuring an inclusive declaration in the deers,
mentioned, THE TOWNSEND PEERAGE.—The Morning Chronicle of
that part of the prayer which I have secure
dYnot merely a Thursday says. the public is probably inclined to pay very
that is, a declaration of who were entitled, u
f the 23d of little attention to the proceeds in the House of Lords, with
declaration of who were not ; but the decree
runs
were not respect to the Townsend peerage. It beholds with cam '
December, 1833, merely declared that Unita°
rrdered that the difference the zeal with which Lord Brougham bestirs him to
objects of Lady Hewley's charity, and it
d all the other de- protect his order from the intrusion of persons of mean
defendants, John Pemberton Heywood, an
the Church of birth, and though his lordship appears to think that heaven
fondants, including Mr. Palmer, a ofmemberthe
trustees, sub- and earth would come together if the " son of a brewer at
England, should be removed from being
d that it should be Huntingdon"• were to insinuate himself into the peerage, the
trustees, and managers of the charity, an appoint proper per- British people have not yet to believe that the fortunes of
ordered to be referred to the master to
"Pwers thereof, in mankind would be in any way seriously affected by such a
sons to be trustees. sub-trustees, and rosnag oper scheme result. The allegations, on which the Townsend family
of a pr
the room of the defendants, and to approve
mentions and re- found their application for the trial of the right of succession
for the application of the funds therein teen . s until after are. simply these :—The present Marquiss Townshend in
direction ar-
served the consideration of all further dby the re- ma a lady of the name of Gardner, from whom he separated,
confirrne having bad no issue
the master had made his report, which is
Nnieht Bruce, who by her. Lady Townshend applied for a
collection of his honour, Vice-Chancellor
'delaration was divorce in the ecclesiastical courts ; but, without getting it,
was second counsel for the relators, so that theL d Chancellor went through the form of marriage with Mr. John Marget,s,
ent or . lived with '
framed in that exclusive form, for the pres
s desired it should him as his wife for many years, and had a large
of Ireland, who led the cause for the relator ,
tensive with the family by him. The children of this marriage, as they grew
be so, and that it should not be made co-
elut an inclusive 11p, assumed the title of Earl of Leicester (the second title
prayer, which not only asked an albexclusivthe
defendants ofo the Marquis of Townsend,) and the Lords and Ladies
declaration. However, the removal °f 1 sive declaration,
wifeTownshend, nesfid, the Marchioness, their mother, being the legal
from the trusteeship, coupled with the exc u enciPle °f the
te rules Lord townsbend, who is still alive; and according to
with reasonable clearness what the
Pcliox dissenters,
Lords, e law,
and the ordinary practice of the House of
decree was—namely, that not merely unortho
Should be ex-
h 1 the conflicting claims of these pretenders to the in-
showedbut also members of the Church of England
oestion, who en ance of his title and estates, and of the rightful heirs,
eluded. It went no further, but left open thenin
be decided coa,nlnaowt bed brought into question until his death. Our forms
should be included ; which question can
_o ,?_Tis suit, or by t
rights,
which
oienhe admit of an anticipatory decision respecting
either upon a decree, on further dirrctions iL.
prop sth
washave not actually accrued to any one. But the
rother of L
a decree in some other suit. The decree so
11 the sth Feb.,•- establishing Lord Townshend complains that his means of
brought by appeal before Lord Lyndhurst, oe
WI the joint
of time his just claims are fast failing from mere lapse
4 1836 ; it was affirmed by him, in accordaneestiee Patteson•
to the r;
isakn 0 that, by the death of witnees, he is exposd
opinion of Mr. Baron Alderson and Mr J
of their judg-
accrues ' f having no means of substantialng, wheneit
It seems, in referring to the printed accountsat
the exclusive
allowed' toa right which he could clearly establish if he
mints, that they came to the conclusion th b
Churchmenofadduce his evidence and have his claim _. were
lof t e
now. He calls upon disposed
declaration in the decree, and the remove
_hi was right, the House of Lords,
therefore, to
p,
as well as the Unitarians from the trustees
s of the chanty bend title at one •
d and after hearing the evidence,
because none could be included as participathourrs.
was
satisfied
the children of Lady to pass anact for bastardizing'
except orthodox dissenters, and Lord Lynd v
d opinions Lady Townshend.
on the evidence, that in her religious faith
itrof March, 1836,
Hewley was a Presbyterian. On the 6t •nisters of the
thers, rol
a petition by
upon the petition of Mr. Park and o
......
upon
Presbyters of the north-west of England
f congregations at
Cot-
Mr. Thompson and others, ministers 0 1 he
-Cumber an
he petitioners
Penrith, Carlisle, Penruddock, in
d that t
tenham, then Lord Chancellor, ordered .
before the master
should respectively be at liberty to go ruse
proper persons
and watch the proceedings, and to Prep° _ of the estate
to be trustees, sub-trustees, and managers
the
considers-
hs the petitions mentioned. and reserve
it
goes, seems
tion of the costs. That order, as far abst
lthat orthodox
to indicate that Lord Cottenham thougrs
of Lady Hew-
English presbyterians might be participatho
is lordship-did not
ley's charity, or at least it shows that
weedok out of the
think they should not partake ; and if. by his lord-
dry terms of the order to the very words
u's note. no doubt
ship as they appear on Mr. Sutton Sharpe
's
The words
thoug • •
can be entertained of what his lordship
ise this will
theeb an
were, " Something must be done, otherw
eaning of de-
independent charity, which is not the_teriley, the master,
tree." On the 16th of December Lord ri
eal to the House
made his report. Then followed the aPhPer Lord LYndhurst
of Lords for the purpose of deciding whet eil
qu tions to be
was right. The House of Lords directed sesioneswes__what
put to the learned judges. The second Cia r
re proper objects
description of ministers and poor person Severala
of the judges
of the trust deeds of 1704 and 1707 ?
hought Unitarians
gave their answers. One of the Judgestit3e members of the
were included ; another included'htthat
thought the lliii
Church of England were all phone, all
these exce
tariaus were to be excluded. But, svith
orthodox dissenters
agreed ; for all seven thought that all 1842 a decree of
August, , and
were to be included. On the sth hLo
decree,
the House of Lords confirmed Lord LYnd rd Brougham
the decree made in 1833 (by his honour) cal from his
heard the app
written
being present, who had partly ding to the
honour's decree in 1833, and who, Lordaccor
Cottenham, who
report, concurred in what was said by ts.
affirmanceCotten-
proposed to dismiss the appeal with cost
f in
ham's observation in moving the judgmen
t.O His
lordship
the House of Lords was very inaportanold
only be judged
says—" The intention of Lady Hewley co , _, ~ If that
• the aceug•
of by the language and terms used in preferences can
is the law, no evidence of her feelings or in this cause
he regarded. I consider from the proceedin
°comon law,
it is to be collected that nine judges of the
Lord Chan-
the present Lord Chancellor, and the two latehe
t House of
cellors, Brougham and Cottenham, and - dissenters may
Lords, were of opinion that English orthodox
charity but
participate in the benefits of Lady Hewleys
be ' decided
whether it be their opinion or not, it remains to
Before
by decree who are the persons who shall participate.
_ace . in
this question has been determined, and this cause pl a
effect,
such a state that it can be determined, the court is in
_t.
of
by the petition supported by the relators of the. 90 n
asks
December, 1837, asked to determine it. That petitiont
con
that the report may be reviewed. It was an originoal Reacieito_
of the relators only, but by the order of the 17th. f -1-)
of the
ber, 1842, it was amended so as to become the petitioges
30
Attorney-General at the relation aforesaid. The par w
ented
petitioned Lord Cottenham in March, 1836, also
4 Par"Ano-
a petition praying that the report might be conerme.....
1842,
thee petition was presented on the 17th of December, f
ore-
in the name of the Attorney-General, at the relation a
said, praying that the order of the 16th of March, 1836. 'Dig"
be discharged or varied by the addition that such order was
without prejudice to any question which might arise on the
master's report, under the same or otherwise, and any pro-
ceedings in the cause ;. and that for the purpose aforesaid all
necessary directions might be given. Upon the hearing of
these four petitions, counsel for the crown appeared and in-
sisted that the master's finding was right, and that the order
of the 16th of March, 1836, ought not to be discharged.
order of the 16th of
It appeared on the discussion that the
was not in form expressly said to be
March, though it
the counsel for the crown, yet in
made by the consent of _ . ,
made • and it was agreed by all the
effect was virtually so m ,
wn the relators and the other petition-
counsel for the cro ,
dmake for the petitioners, either
era, that any order I ghoul
should be prefixed with this state-
for or against the report,
e with my own hand :—" The
went, which I wrote at the tim
that the Attorney-General's
counsel for the crown desiring
d up
on the merits stated
petition in this cause should be hear
order of the 16th of
in it, in the same manner as
if
the
Attorney-General's
March, 1836, had been made upon the
d in that order should be
consenting that the petitioners name .
h ut adroitting their
at liberty to go in before them aster, wit u
that the order
therefore,
right so to do." It appears to me,for want
not be set aside
of the 16th of March, 1836, could Joshua Wilson, of
of form. The master had approved of Te le •J. ,
Highbury-place, Esq., a member of then nner
rudp near A baker in the western suburbs of
this place, this week,
Clapham, of Leeds, Esq.; J. Hodgson, Woodlan s, R
o- advertises the tour pound household loaf to be sold at three
Halifax, Esq. ; Thomas Londsdale, of Carlisle, Esqo. ; _ ,
New- pence halfpenny, and the fine at one penny
bert Barbour, of Manchester, Esq. ; James Finlay, f
to said to he a return- to the •
prices of the This •
. more. is
castle-on-Tyne Esq , and James Ross, of Carlisle, Esq.,
P th Courier. middle oflast century.
of York, a mem- er
be trustees - and the. Rev. James Parsons,. of
Gar-
ber of the 'Congregational Church ; Mr. James Pigott, At a wedding last week at Gainsborough, the third car-
York ; Mr. Pritchett ; Mr. James Bowden, of Kingston- riage was observed to go and return from church empty on
upon-Hull, Merchant ; the Rev. Hugh RalPa, of Liverpool ; inquiry it was found to contain two larger black cra e rosettes
the Re,. C. Thompson, of Tynemouth ; Mr. Thomas Fair, to represent a brother and sister of tride„whop been
Jame
of Frenchfield, in Cumberland, and the Rev. s Pringle, dead several years.
.
of Newcastle_, to be sub-trustees and managers. The ques- DOG STEALERS AND RECEIVERS.—N
lions on the four etitions were ar dat rest length andthat etiti RECEIVERS.—We learn from the
London papers p ons are in course of •
with great abilitybefore but . gue
me, it struck me at c bat
g the time t ~ •
praying that dogs may enjoy the same • signature,
the real question before the court—viz whether proper per- and other cattle, . viz., by rendering the offence protection as horses
sons were named as trustees and managers," was in a great and receiving dogs, knowing them of stealing
• who and
the
degree overlooked and confounded with another—YlO-, felony.
participate
were the persons entitled to • - in • the benefits of DiscovEßY OF A TIPPERARY
trusts, and .1,, therefore, thought it right, before I decided the ARSENAL.—Two three
or
real question., to read over the plead' and de days ago, the constable of police belonging
pleadings, the orders ma to the Clough-
in the case, as well as the various• Jordan station, discovered, secreted in
historical and other re- .the breast of a large
portareferred to by therelater's• d b ditch, and folded up carefully in flannel,
counsel, and supplied 9 two guns, four
the relators, and all theaffidavits- ' • I ' tols a bullet-mouldand
, a powder-horn.
, and having done so, am Pls ' • wder-horn.
of opinion the master's report was right, The guns and
and ought to be tols were in good, order, and all well loaded and
confirmed,—for this reason,
most especially, that unless it immediate s . Nenagh Guardian.
i

d from memb

the P.

a 1 trustees

h of Eoglan,

a connexion w

kirk of Scotland, two fron

similarly situated in connexion w
Church, and the remaining three frk
dent Dissenters, who were the relators in the cause

two first bodies of Dissenters prayed
firm this report of the Master s, bnt
.

ted than

bers of their bod

RAILWAY INTELLIGENCE.

The further opening of the Bristol and Exeter Railway to
Beambridge took place on Monday. The serious illness of
Mr. Brunel', the engineer, prevented any exhibition of re-
joicing, except such as the inhabitants of the district, who
very naturally took a lively interest in the event, spontane-
ously offered. From London to the further terminus the
distance in use open, is now 171 miles. It is expected that
the line will be opened throughout to Exeter next year.

OPENING OF THE PARIS AND ORLEANS RAILROAD—
The inauguration of this road took place on Tuesday week
according to announcement, the directors having resolved
that they would be before those of the Paris and Rouen
Railroad in the inaugural file, although on one line of rails
a small portion is not completed. Four trains, containing
about a thousand persons, who had received invitations, and
chiefly consisting of men distinguished in politics, literature,
and science, left Paris ; the band of the 23rd regiment of the
line and of the 3rd regiment'of dragoons, performing enliven-
ing airs as each train took its departure. Their Royal High-
nesses the Dukes of Nemours and Montpensier, iu full
uniform, and attended by a brilliant staff, arrived at the
Paris Station at half-past seven, and accompanied by the
ministers of the interior, public works, and commerce, and
the prefect of the Seine, visited every part of the establish-
ment. The princes, accompanied by the ministers above-
mentioned, their staff, and a number of other distinguished
persons, amounting altogether to about 200, left by the
special train at a quarter-past eight, which also conveyed
the band of the 23rd regiment.of the line. The train reached
the Orleans Station at half-past one. A large crowd of the
inhabitants was waiting to greet the arrival of the Royal
Dukes. Shortly after their Royal Hignesses had alighted,
the Bishop of Orleans and his clergy went in procession,
accompanied by the princes, the civil and military authorities
and the crowd, to pronounce the benediction of the railroad,
at a small temporary altar which had been erected for that
purpose. The Bishop, M. Fayet, having performed this
interesting portion of the ceremony of inauguration, the
princes returned to the railroad, where a room had been fitted
up for their reception, and at four partook of an elegant col-
lation, which had been provided for 140 persons. The train
with the princes left Orleans at five o'clock, and arrived in
Paris at twenty minutes past nine. The time occupied gen-
erally in going and returning was about four hours and a
quarter, but of this one hour was taken up with three stopp-
ages on the line for the inspection of the carriages, and other
objects inseperable from the opening of a railroad. During
the whole passage 102 openings are given for roads of various
descriptions to cross the line on a level with itself; 498 pas-
sages are formed under it for roads, rivers, rivulets, Sc. ;
50d 35 passages are constructed above it by bridges of vari-
ous sorts. The Paris and Orleans Line, with a branch to
Corbel, was authorised by the law of July 7, 1838, and was
modified by other laws passed in August, 1839, and
oPiairjtinnillyYls, 1840. Five years were allowed for its completion
but t he works have been executed much within that period.
The portion to Corbel was opened to the public in Septem-
ber, 1840, and in January, 1841, the portion from Juvisy to
Orleans was begun. The Paris Station is situated on the
Boulevard de and the line terminates at Orleans
on the left of the Port Bannier, at the foot of the rampart.
The whole length is about 75 miles, and is constructed
with the double line of rails. The country through which
the line passes as extremely picturesque, and historical asso-
ciations are not wanting to add :a charm to various spots
within view in passing. There is not a tunnel on any part
of the line, but there are several splendid works of art.

Michael Hayden, the celebrated Irish pugilist, died in
Cork-street Fever Hospital, Dublin, of fever. on Tuesday.

A subscription is now raising for the purpose of presenting
some testimonial to Miss Martineau, whose state of health
precludes any literary exertion.
In 1828, when the duty upon cigars was 18s.- per lb., duty
was paid upon 8600 lb. In 1830, when the duty was reduced
9s. per lb., duty was paid upon 66,000 lb. In 1836 duty was
paid upon 141,600 lb.
There has lately been discovered in a garden in the hold-
ing of Mr. Edward Perry, near the glass house, about half a
mile from Chester, a huge marble stone, containing about
140 feet, and estimated at ten tons weight.
We have authority to state, that the office of Governor and
Constable of Windsor Castle, vacant by the death of the
Duke of Sussex, will be conferred on his Royal Highness
Prince Albert.—Court Journal

iriatitaintiitarp Prottar

HOUSE OF LORDS.-MONDAY

The Marquis of CLANRICARDE moved for a select com- 1
mittee to consider the operation of the Irish poor law, I
stating a number of circumstances illustrative of the neces-
sity of inquiring thoroughly into the system. He thought
the present law never could give satisfaction to the people of
Ireland, and one should be adopted upon a wholly different
principle. He did not wish to delay the bill which was now
pending in another place, but he thought the inquiry might
be going on during the progress of the bill.
The Archbishop of DUBLIN seconded the motion. He had
paid great attention to the working of the present law in Ire-
land, and unless it was most materially altered the growing
opinion in Ireland that it could never be properly legislated
for by the Imperial Parliament would be much strengthened.
He could say of his own knowledge that since the passing of
the Irish Poor Law the number of the poor had materially
increased, and mendicancy had also very much increased,
and there was the additional evil that one effect of the law
had been to dry up the sources of private charity. He would
not say that the Irish Poor Law Bill was an attempt to raise
money on false pretences, but he would remind their lord-
ships that it was brought in with a view to suppress mendi-
city. They had, however, rejected the clauses for the pur-
pose of putting a stop to mendicity, and passed the remainder
of the bill.

The Duke of WELLINGTON opposed the motion. He ad-
mitted that there were many defects in the Irish poor law,
but the object of the noble marquis was to have the law alto-
gether repealed, This he would not consent to. for he had
the evidence of several of his noble friends near him that the
law was upon the whole satisfactory, though it required alter-
ation. There was at this moment a bill in the other house to
remedy its defects, and when it came before their lordships
such alterations might be proposed in committee as would
remedy the evils complained of. As to any want of attention
on the part of their lordships to measures relating to Ireland,
he must say there was no such inattention. When the ques-
tion of the poor-law was formerly before the house, he re-
marked that much anxiety was evinced by their lordships on
both sides respecting the bill which then passed into law.
The motion was withdrawn, and their lordships adjourned.

HOUSE OF COMMONS.—MoNDAY

THE BUDGET

After some business of minor importance had been trans-
acted the CHANCELLOR of the EXCHEQUER laid before the
house the financial affairs of the country. He much lamen-
ted, as had been stated by her Majesty in the early part of
the session, that owing to the depressed state of the coun-
try, a great deficiency in revenue had taken place. A
great falling off was also to be attributed to the repeal of
the import and other duties, for which the property-tax
and other duties had been substituted in order to meet the

aunual expenditure of the country. But owing to the new
duties being charged from the time when the old ones were
repealed, they could not be made available until the period of
collection arrived which could not occur until eight or nine
months after they were imposed. The Customs duties were

estimated, by his predecessor, at £22,500,000 but after ma-
king the deductions required by the alteration of the tariff,
the ultimate produce would be, only £20,750,000 ; £500,000
of which arose from the duties on wine alone. A reduction

of £200,000 bad taken place in the duties of imported foreign
spirits. On timber the loss had been calculated at £600,000
but it had amonted to £676,000. Though the loss on the

last quarter of the year, viz :—from January to April,
was only_ £87,000, showing a revival of the
_timber

The same was the result with coffee

to January last, the loss was very great but owing
to revival of trade in the last quarter the loss on the
whole year would only amount to•.£48,000, though, if the
statement had been made in January, the loss would have

been £llO,OOO. Upon smaller articles the loss had exceeded
the calculations, which were about £270,000, but the loss
had amounted to £316,000. The duties had, however, in-

creased in a degree out of proportion, when compared with
antecedent years, which indicated a material improvement in
the trade of the country. There had been a large increase in

the amount of tea imported, amounting to 1,000.0001b5.
weight. There had also been a larger quantity of coffee im-
ported, but it had not been sufficient to counteract the loss
occasioned by the redaction of the duties. In sugar, pepper,
molasses, and other articles (enjoyments of the people) there
had been great increase, which denoted the improved condi-
tion of the working classes. In olive oil, which is much
. .

used in the manufacturing districts, the quantity had in-
creased from 1,500,000 gallons to 3,800,000 gallons. The
quantity of cotton admitted for home consumption had risen
from 450,000,0001b5. to 537,000,0001b5. The revenue from
the Excise had been estimated, including the duties on Irish

spirits, at £13,700,000, but the produce Was only £12,500,000,
showing a deficiency of £1,200,000, £BBO,OOO of which arose
from the deficiencies of the malt duties, owing to the badness
of the barley crops in 1810. With the exception of paper,
soap, and a few other articles, there was a general decrease
in the excise duties. Instead of £350,000, as was anticipated

the increased duty on Irish spirits had produced only about
£56,000. £200,000 had been lost owing to the decreased de-
mand for spirits. In England there was a decrease of
200,000 gallons, and in Scotland the revenue showed a falling
off of £400,000. independent of the additional duty to which
the falling off was ascribed. The estimated produce of stamps
was £7,107,000, and the actual revenue only £7,000,000.
Taxes were estimated at £4,400,000, and produced only
£4,300,000. In the Postoffice there was an increase of
£lOO,OOO. Wfth regard to the crown lands, the produce
from the ordinary advances would fall short of the estimates
by about £31,000, showing on the ordinary revenue a deficit
of £2,000,000; but that deficit was diminished by the ran-
som of Canton £750,000, so that the actual loss on the ordi-
nary revenue would be £1,280,000. This diminution in the
great branches of the revenue was not altogether unprece-
dented : a favourable or an unfavourable year would produce
fluctuations such as those announced. With respect to the
property tax, the amount paid up to the last return was
£2,500,000. The receipts from this tax, with the exception
of payments from the funded property, will not exceed one-
half the expected amount. He would not recommend the
house to get rid of the balance by raising money to meet it;
but would leave it to be repaid by ,the successive surplus of
revenue as they should accrue. But to do this safely, they
must take care that the expenditure of the country be kept
within the means. The next point to which be adverted was
the estimates of revenue for the forthcoming year. He must,
however, draw the attention of the house to two heavy
charges, which did not forma portion of the ordinary expease
of the country. There was a payment for the opium seized
in China in 1839, which amount to about £1,250,000 due to
the East India Company for operations in China up to the
30th April for that year. lie would exclude both these
charges from his calculation of the expenditure of the coun-
try. That war had been successfully terminated by obtaining
from the Chinese government a compensation for their ex-
penses and for their opium, and having obtained these terms
it would not be just to call upon the country to defray those
expenses. But in consequence of the representation of the
merchants, the government had declared that the payment
should be made in anticipation, and in England. The opium
claim ought also to be dealt with fairly and justly. He there,
fore should propose that £2,000,000 should be paid on these
accounts, to be repaid as the money arrived from China.
With regard to the present year, he estimated the customs at
£19,000,000—last year they produced £20,170,000, of that
sum £1,200,000 was derived from corn, and as he hoped for
a good harvest be had excluded that from his estimate. He
also recollected that the timber duties would be further re-
duced in October. He therefore took the estimate at
£19,000. He estimated the revenue from the excise at
£13,000,000. The stamps he took at £7,000,000, being
about the same as last year. The taxes at £4,200,000, being
about £200,000 less than last year. The crown lands esti-
mate at £130,000. The ordinary miscellaneous he fixed at
£250,000, to which he would have to add £870,000 paid by
China, which would be carried to the Consolidated Fund.
Add to that the property-tax at £5,100,000, making a total
of £50,150,000, as receivable from the revenue of the year.
The expenditure of the country appeared to be pretty nearly
according to these estimates, the army £6,619,000. This
includes the charges for the commissariat and the militia.
The navy £6,383,000; the ordnance £18,500,000; the mis-
cellaneous, including sundry smaller rates, would not exceed
£3,000,000. That included £36.000 towards Canada, which
last year was charged separately. The total of the charges
would be £49,387,000, which, deducted from the calculated
revenue of £50,000,000, would give a surplus of £700,000,
which would go to the reduction of this deficit.
Mr. F. BARING, wished to know how it was that while the
right hon. gent. proposed to repay £2,000,000 upon the
future proceeds of the Chinese money, he yet had taken
credit for £870,000, while he made no charge whatever for
the repayment of the £2,000,000.
The CHANCELLOR of the EXCHEQUER.—I am glad that
the question has been put, as it only escaped me from inad-
vertence. I propose to advance the £2,250,000, due for the
opium claims, and the £BOO,OOO due to the East India Com-
pany, and the hon. gentleman really wishes to know why I
should not apply this sum to the satisfaction of the demands
made on the public revenue on behalf of China. I stated in
a former year, that I thought the first claim on the money
received from China should be the repayment of our expen-
diture for carrying on the war. He explained that there had
been received, on account of the expedition to China,
£2,580,000, by payment from that country, pursuant to
treaty. That was in addition to the sum of £1,500,000,
granted on account of the service of the war, and to which
the right hon. gentleman (Mr. Baring) had alluded. He
thought he was not wrong in stating that £3,000,000 would
be sufficient to meet the expenditure of the war in China,
and the opium compensation. The amount of the opium
compensation would be about 6,000,000 dollars.
Mr. LA BOUCHERE asked if no alteration was to take place
in the duties on sugar?
Mr. GOULUURN said he had no intention to make any
alteration.
Mr. F. BARING contended that the government had proved
themselves to be both false critics and bad financiers. The
revenue had produced less by £2,000,000 than the estimate
of Sir R. Peel, and all that they had got out of the pockets
of the people by means of the income tax they had lost on
articles of consumption. The coal tax and their Irish spirit
duty had turned out to be failures, and the latter had led to
considerable demoralization in Ireland by encouraging illicit
distillation. They should try to increase the revenue by a
reduction of the duty on sugar, butter, cheese, and wool.
They had reduced the duty on coffee, and it would be no
norm to enable the people to purchase sugar to mix with it.
Sir R. PEEL contended that such reductions had taken
place in the great articles of consumption, in consequence of
the measures of last session, as would amply compensate for
the income tax to all economical householders. So far his
prediction was verified, as was also the prediction that com-
merce would revive as a consequence of the reductions in the
tariff. There were also apparent very decided symptoms of
a revival of manufacturing industry, although the iron, coal,
and some other branches of trade, were in a state of great
depression. As there was still a deficiency, he hoped the
house would not press any reduction upon the government.
In what a position the country would have been had it not
been for the income tax. No measure more effective, or
less objectionable, could have met the difficulty ; and although
the revival of trade had been delayed, yet the owners of pro-
' perty would, he was satisfied. sustain the income tax against
any attempts at its repeal. It would have been most agree-
able to him to be enabled to propose a further reduction of
of duties • but, in the present state of the revenue, he could
not feel himself justified in making any such proposition.
Lord J. RUSSELL said that the budget of the late govern-
ment contemplated the benefit of trade and commerce, while
the financial measures of the present government, without
that object, still contrived to preserve the whole of the de-
ficiency for which they had to provide on entering office.
The noble lord contended for the reduction of the duty on
sugar, which would be quite in accordance with the new
tariff, but the right hon. baronet was halting in the course
upon which he had started, and nothing would be done for
the commerce of the country.
Mr. HuTT asked whether it was intended to reduce the
interest on the three-and-a-half per cents?
The CHANCELLOR. of the EXCHEQUER said he should be
guided by circumstances.
Mr. LABOUCHERE contended for a reduction of the duty
on sugar, though he feared if the right hon. baronet came to
deal with that subject he would act as he had done with the
timber duties. The result of the right hon. baronet's policy
would entail the income tax on the country not for three but
for ten years.
iethEe EXCHEQUER gouf
the sai df r
ahued
sh
which
noch
meanslle
whateverCHANCELLOR
ascertainto
had been perpetrated on the cnstom -house. He expected
the report of the commission of inquiry very shortly, and
of
the
would lay it before the house ; but that would only refer to
the amount of fraud which had been discovered.
The CHANCELLOR of the EXCHEQUER stated the mode in
which those partiesirom whose dividends the income tax was
deducted, but who had not an income of £l5O a year, might