Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-01-18

doctrine. nAh however my ANfthar ~ toA~
hear their counsel. Brother, you shall have
your will for once. viii hear them, let thsh
talk AIT they are weary"
FINCH argued boldly thatthe King had
no dispensing power. he said that the
power to abrogate laws was a legislative
one that all legislative power was in the
King, Lords and Commons, and the
King could not exercise any alone
so that the power claimed could not DO
''E legal and true power or prerogative,"
He showed that in 1852 and 1872 Parlia-
ment bad declared against II, compelling
the King in the latter year to CANCEL his
declaration aud tear of of IL the seal.
PoLLIxFEN, for the defence, said, in
regard to the dispensing power, This is
q point of law which we insist upon, and
are ready to argue with them ~ and Mr..
SERJEANT PEmBERToN argued at full
length against the power, and denied
that 1t existed.
Then the defence put In evidence the
proceedings and acts OF Parliament, st
much length, from the time Of RICHARD
II, proving that the dispensing power
did not exist and had been always de-
MED after which the case was argued.
Mr.. SERGEANT LEVIN stated their case
very accurately, when he said, that il
this matter that WIS commanded the
Bishops to do were something which the
law did not allow Of, the Bishops might
lawfully petition the King to be excused
from doing it; and he absolutely denied
the existence of the dispensing power.
The Attorney General and Solicitor
General argued as best they could in ia
vour Of the dispensing power Mr.. JUS
tice Powell saying aside to the CHIEF
Justice, during the speech Of the latter,
"BIy Lord! this is wide. Mr.. Solicitor
would impose upon US. Let him make
out, if he can, that the King has such q
power, and answer the objections made
by the Defendants counsel" And at
last the Chief Justice said to the Solicitor
General, "MT. Solicitor General, 1 will
not interrupt you; but pray come to the
business before US; show US that this is
in dimunition Of the Kings prerogative,
or that the King eUer had such q pTerog-
attire.
Mr.. Sergeant BALDOCK, for the Crown,
insisted that the dispensing power was
not in question but Mr.. Sergeant TRIM
DER said, on the same side, that 1t was
in question, and argued that the King
had the power.
The Chief Justice declared to the jury
that the dispensing power was out OF the
case. otis only 8 word" he said, fused
in the petition" So he gave no opinion
on it, charging the jury that if they be-
lieved that the petition before them was
the one that was presented to the King,
that was enough, for it was q libel.
Mr.. Justice HOLLOWAY put the case on
the ground of Innocence Of intention or
seditious motive. Mr.. Justice powell
saw no malice in it, and said, " We must
consider what they say is illegal in it.
They say they spprehend the declaration
is Illegal, because it is founded upon q
uAEEEh5AAh RO"OAs w 4SN *
member in any case in all our law,
and 1 have taken some pains upon this
occasion to look into it, that there is any
such power in the King; and the c0s
must turn upon that, in short. If there
be no such dispensing power in the
King, then that can be no libel which
they presented to the King, which says,
that the Declaration, being founded upon
such 8 pretended power, is illegal.
Nov gentlemen" he said, this is
a dispensation with q witness! 1t
amounts to an abrogstion and utter re-
peal OF all the laws; for 1 can see no diff
ference, nor know Of zone in law, be-
tween the Kings power to dispense with
avs Ecclesiastical, and bis power to dis
Dense with any other laws whatsoever
II this be once allowed of, there will need
20 Parliament, all the Legislature win
be in the King 1gbfch Is a thing Jg0rh
considering, and IleaUe the issue to GoD
md your cOHscieRces."
ALLYBoNE, ]. charged the jury that
The Bishops had meddled with that
which did not belong to them, in taking
upon them Gin a petitiening way, to
contradict the active exercise Of the
Government and that this was a libel
and seditious, whether true or false"
The Jury went out to consider of their
verdict, and stayed together all night,
without fire or candle; and in the morn
ng, on Saturday the 50th of June 1888,
into Court and returned their YER
Iict NOT GUILTY. "At which, says
be report Of the trial, " there were sew
,rsl great shouts in the Court and
throughout the hall"
MACAULEY's description Of the effect
lrOduced by Sir ROGER LANGLEY's re-
ply, as Foreman, mot Guilty" is mag
He says "Asthe words were
HALIFAX sprang up and waved
hat. At that signal benches and
raised a shout. In q moment,
EN- thousand persons, who crowded
he great hall, replied with a
till louder shout, which made
old Oaken roof crack and in another
the innumerable throng with
,ut set up a third huzzs, which was
leard at Temple Bar. The boats which
covered the Thames gave an answering
A peal of gunpowder was heard
n the water, and another, and another
md so, in q few moments, the glad til
.ings went flying past the Savoy and the
'rlsrs to London bridge and to the press
{ masts below. AS the news spread,
and squares, market-plaees and
Odee-hOuses, broke forth into acclamR-
ions. Yet were the acc'amatiOns less
than the weeping. For the feel
Dgs Of men had been wound up to such
point that at length the stern English
.ature, so little used to outward signs of
motion, gave way, and thousands sobbed
loud for very joy. Meanwhile, from
he outskirts Of the multitude, horsemen
we're squirting Off to bear along ali
be great roads, intelligence Of the vic
Dry Of our Church and Nation.
Aany churches were open on that
norning throughout the Capital ; and
many pious persons repaired thither.
he bells Of all the Parishes Of the Citv
Liberties were ringing. The Jury
1eanwhile could scarcely make their
ray out Of the hall. They were forced
D shake hands with hundreds. God
you cried the people; God pros ,
er your families you have done like
onest, good'natured gentlemen Won
saved US all to-day.IH ;
The verdict Of the jury not only ac. I,
uitted the Bishops, but condemned the =
declaration Of Indulgence and the /,
hole English nation had once more
ccasion to congratulate Itself that in
riminal cases an English jury had the :
.ght to decide the law even against the :
irection of the Court. +
no BE CONTINUED
'
THE PRESIDENT AND SrANro~
The impression now is, Mr.. Jobnao. u
i'll not recognize Mr.. Stanton in a~n o
fetal capacity, but transact ali bnsiaec r
srtaining TO the War Denarfm%s :,
trough the headquarters Of the srmiss =
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