The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1842-09-09 00:00:00

THE QUEEN'S DEPARTURE FROM DALKEITH

the council

On Tuesday morning, about nine o'clock, a crowd col-
lected around the Queen's gate, Dalkeith-palace, and also
within the Park, to witness the departure of her Majesty for
the North. A few minutes after nine, a squadron of the
Inniskillen Dragoons came up to the park, when the cry
arose that the Queen was coming. This, however, was not
the case, for her Majesty did not appear before a quarter
past nine o'clock. The Queen appeared in an open carriage,
and looked remarkably well. While the royal cortege was
proceeding through the Park, a crowd of boys caused some
amusement to the Queen by their endeavours to keep up
with the royal carriage, which they were scarcely able to do.
No sooner had her Majesty appeared outside than the crowd
sent up a deafening cheer, and the greatest curiosity was
manifested to catch a glimpse of the royal person. Her
Majesty and the Prince repeatedly bowed to the crowd in
the most gracious manner. In the carriage behind the Queen
was Sir Robert Peel, who was also loudly cheered, and be-
hind him came the Earl of Liverpool and several members
of the household. The Duke of Buccleuch accompanied
her Majesty on horseback.
The cortege proceeded in by the Gilmorton Road, and
came through Newington, round by Laurieston, and the
Lothian Road.

PASSING THROUGH THE CITY.
Although no definite information as to the exact hour of
her Majesty's passing through the city had been communi-
cated to the public, yet a very general impression prevailed
that it would occur about nine or ten o'clock in the morn-
ing. Accordingly, betwixt these hours, numbers of people
took up their positions in Queensferry-street, and along the
Dean Bridge, as the best places to await the royal arrival.
The morning shone out with exqusite brilliancy, and town
and country looked supremely beautiful and refreshing. At
a few minutes past ten o'clock the royal cortege entered
Queensferry-street from the Lothian-road. Her Majesty
and Prince Albert were seated in an open carriage, and
were received with the warmest demonstrations of loyalty
and devotion, by the crowds who lined both sides of the
streets. Her Majesty acknowledged the greetings of her
subjects with great affability, and was evidently extremely
gratified. Indeed, her whole manner evinced a sense of
great delight and happiness. Her Malesty's carriage paused
for a few moments at the Dean Bridge, to enable her to
examine the magnificent prospect which that lofty structure
affords, and certainly the romantic beauties of the scene
were never beheld to greater advantage. The Frith looked
like a silver belt encircling the foreground, which stretched
far beneath, gleaming with edifices—and the picturesque
Island of Inchkeith glanced under the brilliant rays of the
sun. In the distance, the fields and undulating hills of Fife
were seen clear and distinct, forming altogether a coup
d' ceil of landscape unequalled in the world. Next to her
Majesty, public curiosity centered in Sir Robert Peel, who,
on being recognised, was everywhere received with the great-
est cordiality. For our parts, we can truly say, that we
never heard a single hiss or other unmannerly sound uttered
in his presence during any of the public appearances he has
made in our streets, and if such has occurred, as is stated
to be the case, they must have been the solitary ebullitions
of non-intrusion or anti-corn law rancour and spite Sir
Robert Peel is entitled to regard the reception awarded to
him as a testimony of admiration for his character, and as a
gratifying approval of his conduct as a minister on the part
of the enlightened public of Scotland. We unwillingly make
these observations here, but the remarks of some of our con-
temporaries leave us no choice, as they have very injudiciously
mixed tap with politics their account of the circumstances
attending the royal visit.
A royal salute wag fired from the castle on the arrival of
her Majesty at the Dean Bridge. The royal cortege then
proceeded at a rapid pace to Queensferry.

HER MAJESTY'S PASSAGE ACROSS QUEENSFERRY

On Tuesday the greatest interest and anxiety was mani-
fested by the inhabitants of North and South Queensferry
to witness her Majesty's embarkation and landing on her
passage across the Firth. Crowds of people thronged the
line of road leading to the pier at North Queensferry, along
which a carpet was spread for the accommodation of her
Majesty in proceeding to the steamer which was appointed
to bear her across the ferry. About half-past eleven o clock,
the Royal cortege reached the pier, when her Majesty pro-
ceeded on board of one of the Ferry steamers, fitted up and
handsomely decorated for the occasion. Her Majesty and
Prince Albert took their station on deck behind the tiller,
and the vessel was steered by Lord Adolphus Fitzclarence.
The steamer was immediately followed by a yacht, contain-
ing her Majesty's suite, the royal carriage, &c., which was
towed by another small steamer. This latter vessel pro-
ceeded directly across the Ferry, but that which contained
her Majesty continued to move about for upwards of half an
hour, evidently to afford the Queen and the Royal Consort
a full opportunity of viewing the magnificent scene which
was presented on all sides. Several steam-vessels kept com-
pany with the Royal party. Amongst these was the Mo-
narch, the General Steam Navigation Company's splendid
ship, which appeared conspicuously in the river, with all its
flags and streamers flying, and a band of music on board.
As soon as her Majesty and Prince Albert were recognized,
the ladies and gentlemen on board gave a loud cheer, which
the Royal party grrciously acknowledged.
At twelve o'clock, the Queen's steamer, which had been
waiting a few minutes for the signal from the pier that all
was ready, made direct for North Queensferry, where a great
crowd was assembled to greet her Majesty. Every house,
and all the rising grounds were covered with people. A
guard of honour of the 53d regiment was drawn up at the
landing place. Her Majesty having stept ashore, the pro-
cession moved along the pier, and the Queen and Prince
Albert entered their carriage.
T
other ladies and gentlemen of the royal
w
yy a
ipear followed
re t
y:and
after
f tbeythe
r te
delay of about three minutes, the royal party escort departed
amidst the acclamations of the people. At the same time,
the Monarch fired a royal salute, which reverberated along
the coast as the royal cortege proceeded rapidly on its way.
The Monarch, which was tilled with a numerous and res-
pectable company, immediately thereafter bent its course
back to Granton Pier; the whole of those on board uniting
inan thed
a . expression of their high gratification at the splendid
scene which they had witnessed.
awree
feel
ltihtet
osubjectour duty
etthye t
o notice reception t
he givenmaetnoe
manner
he
royal stirring
rlataehlri ewetnygeiP, her Majesty'sla train, was received on this occa-
sion.rime Minister, who. formed the most conspicuous
forgetfulW e laelioeeffy e
rinite
it
would
tule great body of the people were
political feeling—and anxious to avoid any
manifestation
sovereign. Still, sentiments in the presence of the
fact, that Sir Robert Peel be grossly unjust to suppress the
most
vociferouss welcomed throughout the
whole line with the
repeatedly acknowledged.
in some places manifest their Nay,
acclamations, which he
so warmly did the throng
admiration,. that the Premier
had to shake hands from bissitl:or with numbers who
eagerly pressed upon him. was evidently much
pleased with the marked attention which he received ; and
we must say that a more palpable proof of
Ponhtais popularity
could not have been given than what was spontaneously
ten-
dered on this occasion. This statement is made on the tes-
timony of gentlemen placed at different points of the line of
rocession, and we introduce it in this place as a complete
answer to the inuendoes (for there are no open allegatio'
to the contrary, come from what quarter they may.

MEETING OV THE TOWN COM.:Cir

The usual monthly meeting of the town council waft held
in the Town-hall, on Wednesday. The MA.You. presided.

FINANCE COMNIITTEF

The DEPUTY TOWN-CLERK read the proceedings of the
Finance Committee, which comprised matters relating to

the enlargement of the Gaol anti House of Correction

The TOWN-CLERK reported to the committee that, after
having consulted with two eminent barristers, the latter had
given it as their opinion that the council possessed not the
power of granting any land to the Roman Catholic Female

Orphan Asylumi and the committee accordingly entered the
statement on their books, and referred the whole subject to

Mr. G. H. LAWRENCE moved the confirmation of the

proceedings. In doing so he sal that those who had paid
attention to the reading of those proceedings would have ob-
served the nature of the several topics which had occupied
the consideration of the committee during the last month.
The committee had, amongst other things, especially agreed
to the recommendation of the Courts of Law Committee,
and authorised a further expenditure of 1:10,700 for the pur-
pose of obtaining a superior quality of stone wherewith to
erect the new Assize Courts. The committee had refused
the application of the committee of the Roman Catholic
Orphan Asylum for a grant of land, and they had recom-
mended the council to appropriate the sum of £230 for the
purchase of a clock for the new Scotch Kirk (St. Peter's), in
Scotland-road. But the subject they were more particularly
desirous of attracting attention to was in reference to the
Borough Gaol and House of Correction. _ This was a subject

of great importance. It was a subject which had, neverthe-
less, been frequently before the council and the Finance
Committee ; and the members would all remember, for it
was only three months since it occurred, that they had
agreed to the grant of a further sum of £6,000 for the pur-
pose of making alterations and affording increased accommo-
dation in that building. Those alterations had met the ap-

proval of the council ; they were acquiesced in by the
magistrates of the borough, whose views, in matters of the

kind, the council were always desirous to consult ; they wer
also approved of by the recorder; and the committee ha(
sent them to the secretary of state for his sanction and ap-
proval. _Chat sanction they had failed in obtaining, for in a
letter from Sir James Graham, he had refused his assent to
the alterations. In the meantime, the difficulties of the
committee pressed very much upon them. The gaol was
more full at present than ever it had been before, there
being now, in the Borough Prison and at Kigkdale Gaol,
869 prisoners, while in 1838 there had been only 480 pri-
soners. Added to this difficulty the county magistrates had
forwarded a communication to say that they could not ac-
commodate the borough prisoners at Kirkdale to the extent
i they had done hitherto. They had provided a room to a
considerable extent for the accommodation of the borough for
some time, but—
The MAYOR—At present I believe they can afford no ac-
commodation whatever there.
Mr. LAWRENCE continued—They had intimated that the
Council must reduce the number of borough prisoners very
considerably, and they had further stated that the time might
arrive very shortly when they would be compelled to deny
those prisoners admission altogether; and were it not for the
veto of Sir James Graham, he (Mr. Lawrence) should have
come before the Council that day prepared to ask for a still
further expenditure on the borough gaol. Under those cir-
cumstances, it behoved the Council to consider well what
they ought to do. They were pressed by the Magistrates,
Sir James Graham, and the Grand Jury to do something in
the matter, and, influenced by those sort of considerations,
which could not fail to have weight on their attention, they
should feel the difficulty of the subject. He repeated that it
was indeed a most important subject. He could have wished
that Sir James Graham had sanctioned the improvements.
However much Sir James Graham and his advisers might see
the necessity that existed for the erection of a new building,
he (Mr. Lawrence) sincerely wished that he had sanctioned
those improvements, because whether the Council agreed to
build a new gaol or not, those alterations were absolutely
necessary to enable them to go on. Besides the intelligent
governor of the Borough Gaol would not have recommended
the alterations to be made if he thought they would interfere
with the: arrangements of the prison. He (Mr. Lawrence)
wished also to observe, on public grounds, that until the go-
vernment had tried their new gaol at Pentonville, it was some-
what hard for them to say that Liverpool must make a further
experiment on their behalf. On private grounds he thought it
right to observe that great improvements had been made, and
that with an increased poor law assessment, the income tax, the
sewerage rate, and other taxes of a like nature, which already
pressed heavily, he should feel loath to ask the burgesses to
incur a further expenditure of fourpence in the pound, to
which it would actually amount for some years to come, in
order to erect a new gaol. (Hear, hear.) It was quite im-
possible that the corporation estate could do anything
material towards the liquidation of such an expenditure. He
felt happy that such a large estate was in the hands of the
corporation, and the public had many advantages from it in
Liverpool which parties in other communities were necessi-
tated to provide for from either private sources or by local
taxation—(hear)—but vast as their estate was, they must
acknowledge that the income was no more than adequate to
meet the present demands upon it. He admitted that theirs
was an improving property, but it should be recollected that
their revenue had not been increased in late years ; and,
therefore, if the corporation happened to decide on the
erection of a new gaol, they must have recourse to Sir
James Graham for a new prison bill. If the corporation
thought this the fit and proper course to persue, he, for one,
would not shrink from acting his part ; but, on the contrary,
he would bear the odium, rather than the responsibility or
slight reproach which any man must feel who neglected his
duty. He had thrown these remarks out at random for the
consideration of the Council, and he would now read the
letter of Sir James Graham, upon which he founded his re-
marks, and which, they would observe,entered rather fully into
the subject. It had been written by Henry Manners Sutton,
Esq., and was as follows :
" Whitehall, 31st August, 1842.
" SIR,—I am directed by the Secretary, Sir James
Graham, to acknowledge the receipt of your letter of the
23rd instant, and the accompanying documents and plans for
the enlargement of the Borough Gaol of Liverpool.
" Sir James Graham observes that the number of prisoners
is stated to be increasing,' and that the accommodation to
be gained by the proposed plans will be 184 additional cells,
obtained by relieving portions of the existing prison from
their present appropriation, which renders them available,
but no substantial improvement in construction results from
it. The total number of cells by these means will be raised
from 333 to 517; but it appears to Sir J. Graham, that this
latter number is quite inadequate to provide in the manner
contemplated by the existing acts of parliament, for 688
prisoners, the number which the grand jury found confined
in the prison.
" Sir James Graham is informed that the construction of
the Borough Gaol at Liverpool is defective, and the contem-
plated outlay, so far from being in furtherance of any real
improvement, would only add to existing difficulties, and fill
up the area within the walls, which is already much too con-
fined.
" Under these circumstances, Sir James Graham is of
opinion that he cannot properly certify his approval of the
plans which are herewith returned.
" Sir James Graham desires me to submit, for the con-
sideration of the magistrates, that when such extensive ad-
ditions are imperatively called for, it is of great importance
that the whole subject should receive their most serious
attention with reference to the following points :
" I.—The means of making adequate provision for the
whole of the borough prisoners, and for future enlargements.
" 2.—That as large a portion as possible of the funds to be
expended in additional accommodation, should be laid out in
new cells on the latest principle of construction.
" 3.—That such cells should be placed in relation to the
existing buildings with a prospective view to their future
improvement or enlargement of the prison.
" If the magistrates decide on adopting these suggestions,
Sir James Graham will direct Major Jebb, of the Royal
Engineers, to afford them all the assistance in his power in
arranging the details.—l am, sir, your obedient servant,
" H. MANNERS SUTTON.

" The Town-Clerk of Liverpool."
This was the letter. The Mayor had, moreover, received a
memorial from the county magistrates in reference to Kirk-
dale Gaol, which he had handed to him (Mr. Lawrence) to
read to the Council. The following is the document :
" At a meeting of the magistrates, held in the Council-
room, in the Town-hall, on Saturday, the 13th day of August,
1842, to take into consideration a :communication from the
Rev. J. Brooks, as chairman of the visiting justices of the
Kirkdale House of Correction, relative to the number of
prisoners to be committed by the borough magistrates to that
House of Correction,

" PRESENT,
" John Shaw Leigh, Esq., Mayor,
" Edward Rushton, Esq., Richard V. Yates, Esq.,
Thomas Bolton, Esq., Robert E. Harvey, Esq.,
Thomas Sands, Esq., Hugh Hornby, Esq.,
Adam Hodgson, Esq., John Holmes, Esq.,
William Rathbone, Esq., Stanley Percival, Esq.•
" Charles S. Parker, Esq.
" The Mayor having read the following communication,
which he had received from the Rev. J. Brooks :
Committee-room, Sessions' -house, Kirkdale,
' Bth August, 1842.

" Dear Sir,—l have been requested by the visiting justices
of the Kirkdale House of Correction, to communicate to
you the following resolution which was passed in committee
this day. _ _ .

" I have the honour to be, dear sir,
" Your obedient servant,
" JONATHAN BnooKs, Chairman of V.J."

RESOLUTION REFERRED TG

" Resolved—That, in consequence of the great increase of
county prisoners, a communication be made to the Mayor of
Liverpool, that the visiting justices are under the necessity of
limiting the number of prisoners from that borough to one
hundred."

" It was resolved—That, in consequence of this communi-
cation, and from the inadequate accommodation for the
prisoners now contined:in the Borough Gaol, it is highly ex-
pedient to appoint a committee of justices for the purpose of
taking into consideration the state of the gaol, with a view to
the increased accommodation rendered necessary, as well by
the crowded state of the prison as by the determination of
the county justices ; and that such committee be instructed
to report the result of their deliberations to a future meeting.

" That the following gentlemen be and they are hereby
appointed a committee for the purpose aforesaid :—Edward
Rushton, Esq., Adam Hodgson, Esq., Hugh Hornby, Esq.,
Charles Horsfall, Esq., and Robert E. Harvey, Esq.
"That, in the opinion of this meeting, it would be desir-
able to have a committee appointed by the Council to confer
with the committee appointed by this meeting.
" That the Council be respectfully requested to nominate
a committee for this purpose, and to empower the united
committee to report the result of their labours to the Coun-
cil."

He (Mr. Lawrence) had now laid before the Council what-
ever documentary opinions he possessed upon the subjects,
and begged to conclude by moving—
" Resolved, that it be an instruction to the Finance Com-
mittee to make all requisite inquiries, and by deputation, or
by correspondence, to confer with the Secretary of State on
the subject of his letter of the 31st ult.; and also with the
Magistrates of the Borough, with reference to their resolu-
tions of the 13th ult. ; and that the Committee be directed to
make early report to the Council on this subject."
Mr. BIRKETT said he did not rise for the purpose of offer-
ing any observations upon what had fallen from Mr. Law-
rence, but to ask him to allow the grant of £10,700 for the
superior stone for the New Assize Court to sand over for the
present, until the Council shall hear the report of the Courts
of Law Committee upon the sabject. He thought the
adoption of a such a course would save discussion
Mr. LAWRENCE admitted the suggestion to bea very good
one, and immediately assented to it.
Mr. BIRKETT had several objections to the laying out of
any further sum upon the warts, and that he should state
them at the proper time.
Mr. PARKER had heard with great pleasure the report of
the Finance Committee, and was willing to agree that it em-
braced something of the utmost importance; but he did not
coincide with Mr. Lawrence in thinking that the subject of
the gaol was of the most importance. There was one subject
in the report which would be considered of vast importance,
not only in the Council, but also out of doors. He alluded
to the memorial which emanated from the committee of the
Roman Catholic Female Orphan Asylum, which had been
referred to the Finance Commiteee for consideration; and
into the particulars of which, as well .as the legal opinions
Committee to tshould e have
enteredliked
at the
greaterC l Chairman
nagnt
ho.f the
H e
Financehimself
never had, since the Vice-Chancellor's judgment h
promulgated, any doubt ou his mind as toad been
the illegality of a
legalwish epdowtheer
Ctohacioruamapul
to grant of land for such a purpose, or, at least, that they had
n
comply with
state
e the
thatp thereraverhad of
een adiffer-
the.p memorial.
Heo

eneo of opinion on the subject amongst the mombera of the
committee, and that the Town-Clerk had obtained legal opi-
nions in order to have the matter set at rest. He believed
the conservatives were much indebted to their political Op-
ponents on the committee for the valuable information which
those opinions contained. The opinion of Mr. Tinney, one
of the most able men at the bar, had been obtained ; and there
was one sentence in that opinion of so strong a nature that it
would for ever set at rest the question of grants to Roman
Catholics or any other denomination of Christians except the
members of the Established Church. (Hear.) It was this :
" I should," writes he, " be inclined to say, that any appro-
priation for the exclusive benefit of the members of a distinct
church, or religious persuasion, other than the Established
Church, would not be consonant to the policy of the acts."
(Hear, hear.) This was clearly laid down. It was moreover
corroborated by the opinion of the Vice-Chancellor ; and he
hoped it would for ever set at rest the applications from
Catholic orphan institutions.
Mr. BIRKETT.—Roman Catholic.
Mr. PARKER meant Roman Catholic Orphan Institution ;
because, however much the Council might be inclined to
make the grants, the law distinctly laid it down that they
were incapacitated from so doing. And it further appeared,
from those opinions, that although the misapplication of the
corporate funds for the system of education, introduced by
the late Town-Council, was not utterly against the letter of
the law, it was against the spirit ; but as that system had
now been placed upon its right footing, he hoped they would
not hear anything more of their schools, or of grants to the
Roman Catholic Institutions of the town. (Hear, hear.)
Mr. BIRKETT seconded Mr. Lawrence's motion.
Mr. HODGSON said that under the circumstances in which
he had been placed at the last meeting of the Council, he
might be excused when he briefly expressed his opinion upon
the present subject. He was at the last meeting induced to
withdraw his motion on the declaration of the Town-Clerk
that the Council could not legally dispose of property than
under discussion. He, therefore did withdraw it. He un-
derstood now that two opinions had been received on this
question of law, and he thought, not for the purpose of con-
tinuing the discussion, but to allow it to rest, that it would
be very advantageous, in addition to what had been so very
ably stated by his friend Mr. Parker, if the two opinions
were separately read, so that not only those already ac-
quainted with the subject in the Council, but those unac-
quainted with it in the Council, should be put in possession
of the exact state of the case ; and still more—in order that
the legal ground on which the conservative party were acting,
and which might save them a great deal of trouble hereafter,
might be fully known,—that the same reporters who gave in
substance what transpired in the Council, should give the
opinions verbatim. He thought it well to have it generally
known by those who advocated the giving away of property,
now declared illegal, and those who opposed the giving of it
away on conscientious grounds, and their legitimate con-
troul of which was supported by the laws of their country,
that they could not distribute that property, even though
they were to overcome their conscientious convictions, with-
out being guilty of a direct violation of the laws. (Hear,
hear.) He, therefore, thought that, though they might
occupy some time, they could not occupy it more impor-
tantly than by giving verbatim the case as stated to counsel,
with their opinions as separately taken : and if he was rightly
informed, that Roman Catholics, or those who advocated
their cause—he would be corrected if his statement was in-
correct—had particularly desired to have the opinion of one
barrister by name—that the name of that barrister—a man,
he believed, of very high integrity—had been submitted—
that he had been chosen, and that he had given as strong an
opinion against their own cause as they could possibly have
had. (Hear, hear.) Therefore there was no partial state-
ment of the case, but, upon the contrary, the opposite party
had had every benefit respecting the way in which they could
place their case. (Loud cries of " Read, read.")
Mr. G. H. LAWRENCE thought that if the opinions were
to be separately read, the case should be read also. (Hear,
hear.) He should have entered more at length into the
question in the course of his speech ; but when a flat nega-
tive to the proposition had been received, he thought the less
said the better.

Mr. SANDS was of opinion that for the information of
those within as well as without doors, it would be well to
have both the case and the opinions read at once. (Hear,

hear)
Mr. HENRY LAWRENCE said there could be no objectio
to have the whole read. It had been the wish of the corn
mittee that no barrister of political prejudices should be
consulted, and that wish had been carried into full effect.
The MAYOR asked whether it was the wish of the Council
that the opinions should be read. (" Yes, yes.")
The TOWN-CLERK said it would be necessary, in the first
instance, to inform them of the part he had taken in the
matter. First, he reported his own opinion to the commit-
tee, recommending that his opinion should have the test of
the opinions of counsel. Then he proceeded to state a case
which was approved of by the Finance Committee, he be-
lieved unanimously. Then that case was communicated to
the secretary and solicitor on the part of the Roman Catho-
lic Orphan Institution, and met with his approval. The
opinion and case having been returned, he (the Town-clerk)
received a note from that gentleman (the secretary and soli-
citor) suggesting that probably Mr. Tinney would be as good
a person as any to lay the papers before. He (the Town-
clerk) then sent to his agents the names of two gentlemen—
one concerned for one case and the other for the other—in
the case of the Attorney-General v. M' Cullen, and also the
name of Mr. Tinney, and requesting his agents to select two
from the three, and to send the papers to them, provided
that neither of them had committed himself upon the ques-
tion. The case was as follows
CASE.
" This case will raise a question, whether the council of a
Municipal Corporation can lawfully make an appropriation
for purposes which comprise education of poor orphans in
the Roman Catholic faith, doctrine, and practice?
" By the act for the regulation of Municipal Corporations
in England and Wales, 3 and 6 William IV., c. 76, sec. 92,
it is enacted, " That after the election of the treasurer in any
borough, the rents and profits of all hereditaments, and the
interest, dividends, and annual proceeds of all moneys, dues,
chottels, and valuable securities, belonging or payable to any
body corporate named in conjunction with the said borough
in the said schedules (A) and (B), or to any member or
officer thereof in his corporate capacity, and every fine or
penalty for any offence against this act (the application of
which has not been already provided for) shall be paid to the
treasurer of such borough, and all the moneys which he shall
so receive shall be carried by him to the account of a fund to
be called ' The Borough Fund ;' and such fund, subject to
the payment of any lawful debt due from such body corpo-
rate to any person, which shall have been contracted before
the passing of this act, and unredeemed, or of so much thereof
as the council of such borough from time to time shall be
required, or shall deem it expedient to redeem, and to the
payment from time to time of the interest of so much thereof
as shall remain unredeemed, and saving all rights, interests,
claims, or demands, of all persons or bodies corporate in or
upon the real or personal estate of any body corporate by
virtue of any proceedings either at law or in equity which
have been already instituted or which may be hereafter insti-
tuted, or by virtue of any mortgage or otherwise, shall be
applied towards the payment of the salary of the mayor, and
of the recorder, and of the police magistrate hereinafter men-
tioned, when there is a recorder or police magistrate, and of
the respective salaries of the Town Clerk and Treasurer,
and of every other officer, whom the council shall appoint ;
and also towards the payment of the expenses incurred
from time to time in preparing and printing burgess lists,
ward lists, and notices, and in other matters attending
such elections, as are herein mentioned, and in boroughs,
which shall have a separate Court of Sessions of the
Peace, as is hereinafter provided, towards the expenses
of the prosecution, maintenance, and punishment of offenders
and towards such other sum to be paid by such Borough to
the Treasurer of said County, as is hereinafter provided ;and
towards the expense of maintaining the Borough Gaol,
House of Correction, and corporate buildings, and towards
the payment of the constables, and all other expenses, not
herein otherwise provided, or which shall be necessarily in-
curred in carrying into effect the provisions of this act ; and
in case the Borough fund shall be more than sufficient for
the purposes aforesaid, the surplus thereof shall be applied
under the direction of the Council for the public benefit of
the inhabitants and improvement of the Borough.
" And by a local act, Ist Vic., c. 115, for the improvement
of the Borough of Liverpool, and to enable the corporation
to appropriate lands, tenements, and hereditaments for pub-
lic purposes, it is enacted, sec. 46 :--` That it shall be lawful
for the said Council to appropriate any part of lands, situate
in or near Lime-street, Islington, Shaw's-brow, the New
II aymarket, and St. John's-lane, in the said Town, formerly
the site of the old Infirmary and Lunatic Asylum, and the
gardens, grounds, yards, and offices of the said infirmary and
Lunatic Asylum, and lands contiguous thereto, all such lands
being the estate of the said Mayor, Aldermen, and Burgesses,
for the purpose of erecting thereon buildings appropriate for
and to be used for public purposes, and also to appropriate
any other land of and belonging to the said Mayor, Alder-
men, and Burgesses for the like purposes, when and so often
as they may think such appropriation will be for the public
benefit of the inhabitants and improvement of the said
Borough."

At a meeting of the Council of the borough of Liverpool,
held on the Ist of June, 1842, the following memorial was
presented :
" To the Mayor, Aldermen, and Common Council of
the Borough of Liverpool,
" The humble memorial of the Committee of the
Catholic Orphan House.
" The members of the Town Council are doubtless aware
that for many years there has existed in Liverpool a chari-
table establishment for the reception and education of Ca-
tholic Female Orphans.
" fhis establishment owed its first existence to the libe-
rality and charitable exertions of a few individuals, who, by
their own contributions, and by soliciting the contributions
of others, were enabled, in the year 1819, to rent a house in
St. Paul's-square, and to open it for the reception of desti-
tute orphan children of Catholic parents.
" Owing to the favour which was subsequently shown to
this charity, the committee were enabled, in the year 1826,
to purchase a more commodious house, with a garden at-
tached to it, in Mount-Pleasant. This house they at present
occupy.
" Of late years the average number of female orphans
constantly lodged, fed, clothed, and educated in this house,
has been about 80. The house is under the immediate ma-
nagement of a respectable matron, and is governed by a
committee chosen at the annual general meeting of the sub-
scribers to the charity.
" Within the last two years, the house adjoining the orphan
establishment was purchased by Messrs. Samuel and James
Holme, and they converted the ground contiguous to the
garden of the establishment into a building yard, wherein
s
they have built a limekiln, steam engine-house, stable,
smithy, &c. ; and, for the purpose of making their premises
more extensive, it became an object of importance to Messrs.
Holme to purchase the property belonging to the charity,
and after repeated offers made by those gentlemen, the com-
mittee were at last induced to sell it them.
" Two considerations induced the committee to come to
this determination. In the first place, they wished to free
the establishment from the nuisance occasioned by the
proximity of the building yard and the erections above-men-
tioned. In the second place, they hoped to be enabled to
increase the efficiency and usefulness of the charity by build-
ing a house, on a larger scale, for the female orphans, in
some other locality, ad by providing also an asylum for

orphan boys.
" The committee, considering the important nature of the
charity, and the benefit which must necessarily result to the
town from an establishment which supports, and provides
education for the orphan children of so numerous a class of
its poorer inhabitants, have felt it to be their duty to brill,-
the subject under the consideration of the Town Council,'
and respectfully to solicit a grant of a portion of Corporation
land, whereon to erect the contemplated new building and
sufficiently ample for the purposes of the charity ; and they
are encouraged to do this with confidence in the success of
their application, as a similar grant has lately been made by
the Town Council for a similar purpose.
" In conclusion, the committee take the
liberty of remind-
ing the Council, that the great majority of Catholics in
Liverpool below, to the bumbler classes, and from the many
schools and other charities which have to be supported by
the voluntary contributions of the Catholics, they are neces-
sarily much cramped in their resources; and inasmuch as the
well-being of a charity of this description is a benefit to the
town and a source of gratification to the friends of the poor
and destitute orphans, the committee trust their application
will receive the favourable consideration of the Council.
" Signed, on behalf of the Committee,
6, AmBROSE LENNON, President.
" Liverpool , 30/.4 Nay, 1842."
This memorial was referred by the' Council to the com-
mittee, and under the authority of this committee the Town-
Clerk called upon the applicants for further information. In
compliance with this demand, the papers were delivered, of

rrhloh egplea (A.) are hordwitl; iaid Wore Coumel. The

will ba found to consist of
" I.—Report

?.—Mules and resolutions

of the Institution

3.—Extract from the trust deeds f‘
" Appropriations heretofore made by the Council in favour
of two other institutions, viz., "f he Deaf and Dumb' and
The Female Orphan Society,' which will he found in the

papers (B) herewith. J 7
" The question for consideration is, whether the Council,
supposing no question as to the state of the corporate funds
to stand in the way, have in law power to comply with the
request of the tnernocial on behalf of the Roman Catholic
Orphan Institution, if they, in the exercise of their discre-
tion, think proper so to do."
[See as to the public nature of the trust of the Council
" Attorney-General v. Aspinall," 2 Myhie and Craig, 613 ;

" Attorney-
'—Jurist, of

and as to the particular' point in this case,
General v. Cullum," and " Same v. Le Grice,"
May the 7th, 1842, page 362.]
He would now read the opinions of counsel in the order of
date. The first was that of Mr. Bacon, a gentleman who

was one of the counsel in the case of M'Culliitn. Mr. Bacon
said :

" I am of opinion that the Town-Council of Liverpool are
not empowered by the act of parliament of the Ist of the
Queen, or by the Municipal Corporation Reform Act (so far
as it can be in any manner applicable to the subject of this
case) to coa,ply with the request contained in the memorial
of the Committee of the Catholic Orphan House. There
can be no question that providing for the maintenance and
education of poor orphan children is an object in which all
the inhabitants of the borough have an interest, and there
can be no reason why orphan children educated in the Ro-
man Catholic faith are not as well entitled to share in the
public benefits of the borough as any other persons ; but,
however desirable it may be, and however proper it would
be, if no legal restriction were interposed, to appropriate the
land now required for the purpose of building an asylum for
Roman Catholic orphans, I am of opinion that the act of
parliament does not justify it. The words of the statute of
the Ist Victoria are sufficiently clear. They authorise the
appropriation of town land for the erection of buildings ap-
priate, and to be used, for " public purposes," so often as
the corporation may think such appropriation will be " for
the public benefit of the inhabitants and the improvement of

the borough." The latter words being identical with those
which are to be found in the 92d section of the Municipal
Corporation Act. The discretion given to the corporation,
it will be perceived, is guided and restricted by the preceding
words, which authorise the appropriation of the land to build-
ings to be used for public purposes ; and I am of opinion that
although the corporation may, at their mere discretion,
choose when, and what, and how much land they will appro-
priate, yet they cannot exercise this power for any other than
public purposes. Building a town-hall or a market, widen-
ing streets, erecting fountains, and many other things, would
be public purposes; but inasmuch as, notwithstanding the
indirect benefit which the general inhabitants of the town
would derive from the establishment of a Roman Catholic
Asylum, a building to be erected for that purpose would not
be a building for any public purposes. the council cannot, in
my opinion, without exceeding the power given to them by
the act of parliament, grant land in the manner or for the pur-
pose suggested by the memorial. " JAMES BACON.
The next was Mr. Tinney's opinion :
" According to the best of my opinion the Council have
not in law, power to comply with the request of the memo-
rial on behalf of the committee of the Catholic Orphan
House. Although the rules and resolutions of this charity
lo not purport to confine its objects to members of the
Roman Catholic Church, nor to provide that they shall be
brought up in the Roman Catholic faith, I think that these
matters are incidentally secured by the constitution of the
society, and by one or more of the resolutions.
" I think that an institution being thus for the benefit of a
particular class of the inhabitants, virtually excluding all who
do not belong to that class, is not (within the provisions of
the two acts of parliament cited in this case) an institution
for the public benefit of the inhabitants of Liverpool. Al-
though it may be justly said that the improvement of the
borough is promoted by an institution securing the mainte-
nance and education of even a distinct class or portion of its
inhabitants.
" If it be legitimate to speculate on the policy of the acts
as a medium for construing them, I should be inclined to
say that any appropriation for the exclusive benefit of the
members of a distinct church of religious persuasion, other
than the Established Church, would not be consonant to
such policy.
" It seems to be suggested that a similar appropriation
was countenanced by Lord Cottenham in the case of the Li-
verpool Church Endowment, and that a like appropriation
has been made by the Council in favour of the Liverpool
Female Orphan Society. Now it might probably be suffi-
cient to answer with respect to the first, that the specific ob-
lection may not have been presented to Lord Cottenham,
and, at all events, that his observations do not amount to a
decision; and with respect to the second, that it proceeded
on the authority of the first. But I am disposed to adopt
Lord Cottenham's view, and to approve of the Female Or-
phan Society appropriation, and to consider that an institu-
tion for the instruction of persons in the Established Church
is not open to the objection.
" I think that such an institution, not excluding expressly
any description of objects, may, within the provisions and
policy of the acts, be taken to be for the benefit of the inhab-
itants as a mass, as well as the improvement of the borough—
and this view I think is sanctioned by the decision in Attor-
ney-General v. Cullum. " W. H. TINNEY.
" Snowdenham, 19th August, 1842."
Mr. BOLTON said the case had been fairly stated for the
consideration of counsel ; but if grants of the present kind
were to be confined to the Estalished Church, then the
words of the acts—" for the public benefit of the inhabitants"
—were a farce.
Mr. BIRKETT said his opinions on subjects of the kind
under discussion were so well known that it w's unnecessary
for him to occupy the attention of the Council; but so long
as Mr. Bolton thought fit to give his opinion that it was
wrong for the people to be brought up in the Established
Church, so long would he advance the contrary opinion.
(Hear, hear.) Mr. Bolton had gone out of his way to argue
the question, and had brought up cases already settled.
With regard to the grant to the Deaf and Dumb Institution,
he (Mr. Birkett) thought that if the Council, as at present
constituted, had made that grant, it would be put upon a
different footing, and with the sanction, too, of a large ma-
jority of the inhabitants of the town. (Hear, hear.) Mr.
Bolton had been railing, not merely against the majority of
the burgesses, but absolutely against the laws of the land ;
and was this consistent with the conduct of a representative
in Council ? (Hear, hear.) He (Mr. Birkett) alleged, and
the more he saw the more he was convinced of the truth of
the allegation, that the bringing people up in the knowledge
and the fear of God was the best means which could be
adopted for making them good and honest subjects, and
keeping them out of gaol. (Applause.)
Mr. YATES hoped that the experience of the past would
be a warning to them, and that they would never give one
farthing to any sect whatever, be it Church of England or
any other sect.
Mr. AIKIN observed, that the Council had no other course
left except to submit. (Hear, hear.)
Mr. LLOYD asked whether the alterations in the gaol
would, under the circumstances, be proceeded with ?
The MAYOR replied in the negative.
Mr. ASPINALL expressed a hope that no further sums of
money would be granted by the Finance Committee until
such time as the next decision of the Secretary of State
should be made known.
The proceedings were confirmed, with the exception of
that part which referred to the £10,700 for the superior
stone for the new Courts ; but at a later period of the day,
this exception was set aside, and the whole of the proceedings
were confirmed. Mr. Lawrence's motion was also adopted.
IMPROVEMENT COMMITTEE.

The proceedings of the Improvement Committee were read
and confirmed.

PAYMENT FOR THE FORT

Mr. G. H. LAWRENCE moved the appropriation of two
per cent. to the accumulating fund, in respect of £4,611 13s.
4d. taken up for the first payment to government for the site
o f the Fort.

Mr. BOLTON seconded the motion, which was unanimously
adopted.

WATCH COMMITTEE

The proceedings of the Watch, Lighting, Cleansing, and
Fire Police Committees were next read. The committee
recommended that the Watch, Lighting, Cleansing, and
other offices be continued in their present site, and not re-
moved to the new Assize Courts.
The MAYOR read a memorial from Mr. Edward Deane,
law-clerk, stating that at a meeting of the commissioners
for the better paving and sewerage of the town, held on the
Ist instant, they unanimously resolved that the removal of
the Watch, Lighting, and Cleansing Offices to the site of
the Islington Market would sever the Watch and Highway
Boards, now conducted by the same persons, as treasurer,
clerks, and collectors, at salaries or allowances borne pro-
portionately, and thereby entail a great additional expense
on both establishments, and that it was highly objectionable
to disconnect those offices, or, with regard to the public
service, to remove either of them to a distance from the Pa-
rish offices, or from the neighbourhood of the Exchange, the
centre of general business.
Mr. EVANS hoped that gentlemen would not endeavour
to confine the official business upon the edge of such a great
and increasing community as that of Liverpool, but allow
the whole to be concentrated, because he had no doubt but
the more concentration they had, the better the public busi-
ness would be carried on. He said that one great cause of
the neglect of the magistrates to their duty at present was
owing to the want of such a concentration. He could not
conceive that they would be justified for a moment in refu-
sing to carry the whole of the judicial and public business of
Liverpool into the centre of the town; and he concluded by
saying that nothing could contribute more to the ornament
of Liverpool than a concentration of the public business on
the Infirmary ground.
Mr. ASPINALL mentioned that at a meeting of the Parish
Committee, held the day before, they were unanimously of
the same opinion as the Watch Committee and the Highway
Board. He felt much obliged to Mr. Evans for the compli-
ment which that gentleman lied indirectly paid to the old
magistrates, many of whom had been displaced to make room
for others, who, as it now appeared, were not very attentive
to their duties. (Hear, hear, and laughter.) He hoped the
Council would seriously take the matter into consideration,
and allow the offices to remain where they were at present.
The TOWN-CLERK said the discussion would more pro-
perly come on when the proceedings of the Courts of Law
Committee were subsequently read.
Mr. BRIGHT thought that the removal of the offices to the
proposed site would be conducive to the interests of the
town. His objection was to the internal arrangements of the
new site, for he thought them inadequate and inconvenient.
11r. PROCTER was also of opinion thot the plans were ex-
tremely inconvenient. Mr. Whitty had eighty-six yards for
his office, and at the new courts only thirty-nine square
yards were given for the watch-offices. Mr. Dowling was,
moreover, to have forty-seven square yards in his drawing.
room—(laughter)—while the whole of the watch-offices were
to have only thirty-nine. Mr. Dowling's house was also to
have the windows in the front. (Continued laughter.) He
(Mr. Procter) doubted if the special committee would send
such exceptionable plans before the Watch Committee again.
(Hear, hear.)
Mr. HODGSON believed that unanimity on the subject did
not prevail before the magistrates, but that there was no
substantial objection to the proposed locality.
Mr. YATES thought it ought not to be inferred from what
Mr. Evans had said that there had been inattention on the
part of the magistrates. (Great laughter.)
Mr. PARKER contended that the Watch Committee
transacted more business than any other committee belonging
to the Council.
The proceedings were confirmed, with the reservation of
that part relating to the non-removal of the offices.

ALDERMAN FOR CASTLE-STREET WARD.
Mr. BOLTON begged to inform the Council that Castle-street
ward was without an alderman ; and that the burgesses
thereof had unanimously resolved to elect Sir Thomas
Brancker as their alderman. (Hear and laughter.) He,
therefore, moved that Sir Thomas be their alderman.
Mr. JORDAN seconded the motion.
Sir THOMAS jocularly remarked that Mr. Bolton had first
previously informed him that the burgesses had nothing for
it but Hobson's choice. (Continued laughter.)

MARKETS