The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-25


on her own mind as to 70 decided step, Lady Win
regard TO whom the world contained much sttrso-
t,on such powerful means Of innusnoe-.considerine
that the views she had received from the society q
which she had been educated were overcome, and
she was wavering, he thoughtthe court had right
TO expect TO see that person immediately withdrawn
from that place. hsthought, under those circum-
stances, that she could not safely remain there.
and that DR.. Doyle ought to have given him
more information when first he heard Of that i'm
preston passing through her mind. II appeared
explained, Mr.. Berkeley had gone to the convent,
and that had passed between him and the young
lady and the Lady Abbess which ledto the applics-
tion his part. Without imPuting any intention -
either party to deceive quite enough passed that
occasion to lead Mr.. Berkeley to suppose that tho
lady in the convent Us postulsnt, and he
thought Mr.. Berkeley performed worthy service
in the course he had taken. When he looked to
what the Lady Abbess said, and what Mr. Berkeley
said, ms to what passed at the convent, and corn
pared the statement with the other, he thought
Mr. Berkeley was led to the conclusion that the young
lady there as a postulant and he did not think
il was an unreasonable conclusion. How did it ap-
pear she was there She was not there as an ordt-
nary usual postulant, but she was there nomi-
nally as postulant. But she was never There bo-
hcyng herself to be an ordinary postulant. Postu-
ants had to undergo certain religious ceremonies n
order to prepare for taking the veil they were rc-
qured to change their Dress and assume some dress
conlormabe to the particular order of the particular
convent, and it was said that this young lady was
received not as q postulant but as a boarder, and
that she never underwent the religious ceremonies,
and never changed her dress. Now in that state q
things, what was the conclusion? That ut which
he had arrived was this that this young lady was
received there MS Il boarder, but that she was rs-
cen ed there contrary to the rules OF the convent
and was passed of postulant. lilo should have
been better pleased if the Lady Abbess had made
a statement calculated to prevent any wrong con-
clusion Whether she was apprehensive Of incur
ring any censure, and therefore shroud
ed her statement in ambiguous language, leaving H
Ia Ike r r.
reason for her language, he did not KNOW Duh
there being 10 evidence OF Lord shrewsbury ever
having placed this young lady in the convent ~
postulant, he saw no reason to imputc to him any
such conduct. But he thought DIR. Doyle VS.
remiss in a proper discharge of his duty. Dr.
Doyle was the testamontary guardian. Hs
the man selected by the parents Of the child; a11
the court never removed such persons except sA
grounds made out to its satisfaction to be sach ~
rendered it the interest Of the ward that the guar.
Chancelor) now looked to, therefore, this the
young lady in London she was under the csre
Of lady, and he apprehended would never again
be out Of the power Of the court until she attained
her majority. What remained for DIR. Doyle pre-
badly was not of very much Importance; but at the
same time, as having had the conhde noe Of her pa
rents as gentleman to whom, although no CO.,
sidered him remiss in his duty, he could impute NJ
bad motives, he (the Lord Chancellor), although
he felt bound judcially to express the opinion he
had stated, did not think the interests OF the ware
required that he should be removed. The bar hsA
one aud all agreed in that; but he could not fail -
say that very high contempt of the authority Of
that court would have been committed, by allowing
a ward of that court either to become postuisnt.
or to take any other step calculated to bind ne
future life to any particular course. ne believes
that over since the statute of Westminster.
it had been a very high offence to make
ward of court takc the veil-an offence
liable to indictment, heavy forfeiture ana
marriage were contracted without the appreciates
Of the court, it contempt of the court; fovfs-
Ori, much more SO was il to make persons devote
themselves TO \ religious life, because marriage
consistent with persons retaining their ordinary
position in life; but taking the veil was 80 serious
change, that to allow person not arrived 1t the
age Of maturity to bind its future life not probably
by actual VOWS, but by some influence or other morv
cogent than physical force was n much greater Of
fence, and no (tho Lord Chancellor) declared thas
he should have no hesitation, and should feel It hD
duty, to commit bishops, priests governessos, cler
gymen, any ons else who should be connected
with such transaction, and, in doing, he should
DO acting in strict conformity with the practice VI
the court and his duty. Ho would DO doing ne
greatest injury to deprive the children Of iso-
man Catholic fellow-subjects Of tho protection n
that court, equally with that Of every other Glass;
nor should il be supposed that it was any part Of
the duty VI that court 70 interfere with the relr,pW
sentiments Of ward, and to make any attempt ~
withdraw the ward from that faith in which the
parent desired it should be brought up The effect
Of such would be to deprive Catholic ohA-
dren of the protection OF that court. IL equally
part Of the duty Of that oour, prevent persons in
terfering with the religious faith Of its wards and
II would equally deprive Catholic children Of the
protection OF that court If those children per-
mitie 10 take the ve, or to bind themselves directly
OF indirectly 30 10 do. Now, lac was asked by this
petition not in the particular prayer, but under the
prayer for general relief, that Mr.. Berkeley might
attend the Master while prosecuting ne order under
DIR. Doylc's petition; he WAS asked also that MIR.
Berkeley might have ,cess to the ward also . sus-
perd DIR. Doyle from his Office Of guardian, and that
Mr. Berkeley might have his costs. lfhc decided il
this alone, and on the answer II had received.
he should say the petition ought 10 be dismissed vita
costs. There wasno evidence TO support it it con-
tanned matter highly and deeply reflective other
parties, and he (ne Lord Chtncellor) was satisfied
uniounded in fact But he repeated. it had been the
means Of rendering worthy service TO the court
and to the ward. He, therefore, did not feel that
h, ought 10 make Mr. Berkeley pay the costs Of
having elected an inquiry which he thought Was
attended with so much benefit With rcspocS,
therefore, to Mr. Bcikelcys costs he only regretted
that the case had been encountered with much mai
ter not properly belonging to IT, lie thought, there
ioie, he ought TO allow Mr. Berkeley his costa. Az
TO Mr.. Berkelcy's attending the Master, nc
nece salty for shat. Mr.. Berkeley's situation and
circumstances were not those 81 gentleman pos
sessinf any peculiar knowledge which would tend
e. IT, rdtantage OF the proceedings On the con
trrr &c. thought from althat had passed, that Mr..
Eerkcir5's attendance there would lead TO contests
ia tho gstors office, not tending - the benefit OF
the ward aud IT, therefore. did not appear to him
thsi hif bcikcley khould DC allowed 10 httcnd ~
tie prosecution Of that order. lie thought he could
rely that In. Dyle was not likely to present any
scbCme Inconsistent with tine benefit Of the ward.
lie thought that, notwithstanding what had CO
Cured, lie might safely aud properly rely on his
not doing that; aud he (thc Lord Chancellor>
wCuld sl,o have the protection of the Master. and
would hrve 60 form his own Judgment Of the
with respect TO the access 81 Mr.. Berkeley 70 the
vs. q, be did not think young lady approaching
o. enty wears Of age was - be treated as n csnd,
sui, ~ he d.i not suppose that she was likely "
rrCc.ye any particular Ia truet ons from Mr.. Brrke
ley, 20 MS to make his approach beneficial in any
utbri scusc than "a a gentleman taking an Interest
~ Ter welfare, he (tne Lord vnanccllorD sload be
goN med by the young lady's own inclination
~he would he I'm situation III wi ich. napy pcrsos
wistta 60 have access TO her. upon reasonable
eIpitsl,,vi, she could assent 90 see such person
hEfceubic to her. That was matter 5000 settled,
tat the young lady must herself be consulted The
L. would bp In Tho i1iiuWtur MIR Fcrke