The Freeman's Journal from Dublin, Dublin, Ireland on November 14, 1845 · 3
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The Freeman's Journal from Dublin, Dublin, Ireland · 3

Dublin, Dublin, Ireland
Issue Date:
Friday, November 14, 1845
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He manner of tbe laws of the Church of England, and ,abll to the Iaws of Scotland. ,gff A. witness our handset " Gretna Hall," this Bixth day t'tfrnember, 1845. " C. B. Ibbetsoh. o'10 " Adela Villiers."- Solemnised by J.Linton." i Jane Linton. Witnesses Robert Copley." The signature were not particularised by anything re-. , That of the captain was written in a fins. hnA n I ,,hile lady Adela's might have been written with a il small and new, were one to judge from its ,crowq' . .md finisn rt-p ceTt'nlo,v ."-inj-ncuucu puir B1.O10 i(n, further northward. The afternoon was now '!. ;.' ad Gretna having served its turn, the ful-'".",-iv naturally anxious to leave the " Hall" some dis-,,.h;nl them. At four o'clock, the beat horses the .,n'.inlid were put to the carriage, and the captain ""','' v. i i h ii bounteous hand satisfied all claims upon his ' Bulled his youthful bride to her seat, and springing : ',"'h urriope himself, the happy pair drove oS together I'1".' i(;irr ion of Edinburgh. '"I''ni-ioiity of the engineers and other gentlemen of the ' ,i!lllVe ulluded to, was of course excited by the sudden ''' -i'j i nee oftheir host from the dinner-table, and sub-" . hi-ersruther increased than diminished the same. ", , In (icriod arrived for the departure of the newly- . r:.-it pair, tr.ese geiiuemeu nau cougregaieo near tne en-"u: : .u Imfi-l. and havinp gratified t.hnii wiahaa an fa- : '! ew of the parties was concerned, they gave utterance ? their approval f the match by threee hearty cheers as the vrlau" lWn,e awa-' ''f,',r i lie nonce a farmer's boy was placed upon the leading -,'of horses, owing to a lack of postilions. This lack '"' e fri.m n unusunl demand during the early part of the ;'' ilie Duchess of Sutherland and family, and others 'V.'hf ability havitiK changed horses at the Hall" during .'e morning, en route for the north. The fair fugitive, roiiine, would have considered a recognition by the noble " (iM referred to anything bat agreeable; but "it is a fact iVr Grnce of Sutherlend actually changed horses at Grt'tna Inn only a few abort hours before the arrival of iruntit pair. Utsf'itf tht inconvenience of .amateur postboys, and not ,e fii-nt-roto cattle, the party reached Langholme, a dis. .-nf sixteen miles, and the first stage upon the old road K 'fjiinbiirgh, before six o'clock. Relays of horses were K provided st the Crown Inn, and our travellers again t- -rtreedeii onwai as, arriving uuuui, tuguc o cjock at moss f,l, a lone hontelrie, the property of the Duke of Burcleuch, situate about midway between Gretna and lhicli. ... At th is place they rested for the night intending to proceed j. (he next morning on tneir way to lidinourgn. " . . .L' - a -1 1 j i :j a i i II tiomn mis ueiuu, u wuru euumu uh aam uii tue series ( l i-.f-i rf-i..-:.. tr:li:- -. . jjfpighaps wnicn ueiei vjti)baiu vjiueis wmie ill pursuit Or jiitsr. me gauant omcer leu town oy tne tour p.m. 'Diets train on Thursday, and alighted at Wolverton, on ikoui stopping at Kugoy. rrcni Wolverhampton Captain Villiers proceeded to York by the third class or par- iniMiisrv tram, as it is called, mat being the only one ravering the Derby line until the nine p m. mail from (.anion. On reaching lorn, tne gallantomcer endeavoured j urocure Bpecial engine out tne state or the locomotive arinient at this principle station of the lines presided mr by the " Railway Monarch," wae tuch as to preoludq :t).iibilitj of his obtaining it, and he was ptrforce compiled to await tho arrival of the 9 p.m. London mail before could proceed a mile further northwards. By thin jani Caplsin Villien reached Carlisle about two o'clock .Friday, and dretna within two hours subsequently, just :clear diy after the departure of the newly-married pair. ;,j the gallant officer tried a special train down the Lander ine, upon the moment of deciding to proceed to raia, he might, perchance, have reached " the Border" iiilve hours earlier, but the fact that the fugitives must fa linn hove had a very considerable start of their pur- uri, is in Knelt sumoient to snow that there was no hope bis having rjeen ubte to offer any useful interference. As i;ii Captain Villiers having supplied himself with a copy infcernaoaie, cuminumcaiea toe result Dy letter to nis lie parents, and subsequently returned to town Morning ?.. COUNTY OF KILDARE. 10 THE EDITOR OF THE DUBLIN EVENING POST. Halveratown, 5th November, 1845. j 5ia In common with many others, in this season of Mtaension, L have been making all the inquiries within l; power regarding tho condition of the potato crop ; and (cile Jlive every contidence in tbo ability of the scientific saniitft wiiose duty it is to suggest the most efficient means : uieuini; the progress of the pestilence which has hie web ravages in the " poor man s crop, I oannot close tsvestothe appalling Sact that already a fearful amount f aijihicl has been done, and the measures taken under town eye, by careful and intelligent persons, to check ! progress of disease in the crops around me have not tiiucei! such results as at all lessen my apprehensions for Met untainted potatoes unhappily, after making many ftriaients, i am not in a position to recommend any ;.iiic remedy. It appears clear to me that, though some r.ion of tho crop mav continue uninjured, and that some Bcdittes have been oxempt from the disease, still we have I stake up our minds to the fact that, for some months, 11 must be provided for millions of people. In this wgency it is gratifying to know that the government, fctesjed with the serious responsibility that devolves upon , are occupied in considering the best mode of nnti- N the calamity with which tbe people are visited. But lieuential that they should receive the co-operation of the .Till and gentry, upon some intelligible and well-defined heiple, understood and tacitly assented to by the upper and I"r classes. Such an understanding would avert thatdan- '. which, in all periods of excitement, ever arises, either tithe actual or anticipated scarcity of food. Neither bad or the giddy impulse of the moment, would then be ! to hurry tho people into acts ot violence and crime, '"ii increase their own sufferings, and bring them within r puiiihrnent of the laws they violate. Having heard ; suggestions ottered, with a view to the alleviation of "islress which isalmost at our doors, I beg very reapect- 1 -oi. tier an opinion on a subject all are so interested in musing. i has been recommended that tenants should not pay W1 rents. I (Mi course, in mv iudtrment. would he worse thnn nne. -it would aggravate the evil ; for, besides its tendeucv iNuce recklessness and insubordination, it would ro- pall who depend upon rents, directiv or indirectly, from Is landlord and annuitant .down to the tradesman, aer- anJ labourers, to various conditions of poverty and ; has beet also sugee&ted that landlords should not '.'ear demand anv rent. This Drouonosition has the ft objection to & .as the first. It mav bo adopted bv fl!'lio hate other cleans of providing subsistence for r ires and their families than that which is derived "HW alone. 11 also suggested 'that time be given to the tenants I over tue corn, and not to hurrv its sale. No douht. P caea J)j8 mav he advisable : but as a Drinciiile ae- 'J beaded upon, it is objectionable, beeauaeit opens - ior 6petii(ipn, which it is aesiraoie in toe .initance to disuntenance rather than to encourage ; "Wore, occurs ito me that, as the quantity of potato :. "'""ted oo farms in Ireland may be fairly averaged ; of the portion of profitable and available crop, i ro all 0. jjer orop8i tj,at it would give a direct f Jlrttaiitial reliVf hv m. Qi,oe.rtiinfr in e.hp rnnf. pmml r.o S '"turned loss susaioed b? the total destruction of the "ecessitv of iMnv inatanf. measures to hrimr J:! sucn "iideratauding and arrangement us I have TVT 1 riW )'TJKIUgiy UOVlUta WUWI C ICKWIICVIr !. ySr.em, Where it exists, mw mouurer "ftarsnt !.(',-., :l..j -...1 ....! .!, ' Will! ,J.i , iU il I'Klj exir.t.A r.L. -u! j!fe-.,n l,. ; 1 I (I.;. i i UUUJ LUCli lll.Ull.J JJ '' o at,d U8t abatement, the diseased crop will hi j d by the ,abourer "w10 ha8 expended all his mi. i. tie tenant wuo sapjiueu tue sueu auu i 'round will . rl if ,ha !i, , v:t'le land vesture the attempt, without a fair I., '! Soivaiie.o .1.. i.i j a tho v 1 ""couna occupied, 1 will not nay he wilt pro U etenta, he will certainly encounter, and, ! M3 th 1 :r r uii) duty every man of right feeling to Kp'l 's wh ich I throw out, seem to me to igSn 'Wj acted oil, the decided advantage of esta- 'nti 4a "P0 wb'0'1 10 'o""d claims for abate-ill 'oultl pro duce, as I think, confidence and ;,) 'erenow exist the elements ot distrust, lioe- Pet- ps, ev 'n still more serious evils. It IfeStf 8)stem ot contrihutiou from all who Brtitj 0lalflni 1. ivtttin.. t. nrAr.lll(1inff Much of t.hfim aa witl i "tuui , lu abur, dant mei ws from assistiug in other '"5 to th, "ot t r resourt 'i ( 0"ohed upun tho ordinary channels of relief, '""lent 7 ' Deces, v 01 euoouragiug eiten-irt'of , ' for tb, lse mattoi ' will, doubtless, ociupy t6"tion. irf T nlv nnxinna to assist, if . aerin a ' alu w 3 'risl, .1 ."c lam llorda m d not comply with. J " '""""J r.r ' . . z - u iaed, if or liotiuttuiv. anj. Sir, , our oherlio nt servant, PEXi PUBCELL. Sdav t,AND AUCTIt NNS. SALE Japkh. V BAKCBOPr. !W,ih,8p-y .... Chas. 1 'ennett. Chas. B ennett. John hi- tmedam. John Lit ledam. J W. Hjck bv-Chas, C, fA bbbu. . "-i "iorn rrow ruiATO CROP LATEST INTELLIGENCE. Ilie following letters upon the subject of tho potato disease have been forwarded to us since our last publication. They tend, unhappily, to confirm the more alarming statements of Mr. Gregory, on which we comment elsewhere. We are glad to perceive by these letters that though in some cases the landlords appear indifferent, in others, as in that of Mr. Browne, late member for Mayo, alluded to in the Very Kev. Mr. Hughes's letter, they evince strong sympathy for the suffering people : , , jOromahair, lUh Nov. 1845. This parish includes a portion of two counties (Leitrim and Sligo), and its population amounts to eleven hundred families. Every person who bui grown potatoes, either in extensive or limited quantities, complains that (at least) the half of the crop is in a state of putrefaction, and what is even worse, tho potatoes that were first dug out and were then in a sound state, and placed carefully in heaps or pits (in the fields which produced them), aro becoming diseased. From these facts, which is by no means exaggerated, you may easily infer what the prospects are, inasmuch as they regard the more numerous portion of our population, unices tho proprietors of the soil defer the collection of their vents (which are in general very exorbitant), until a more abundant season arrives. Sailiboro' Nov. 10, 1 845. I now regret to have to say that I am satisfied, from personal experience and from every tource of information which lay within my reach, that in many places one-third, and generally one-fourth of the poor man's crop is damaged, if not utterly ruined by this blighting maladv. Serionn. too, are the apprehonsions entertained for the portion yet uimiiccim, uk b trust in an an-merciiul frovidence for their preservation. But, Sir, while we hoDe for the bent.. my opinion is that a well-directed prudence would provide P.S Prices in our nearest markets : Oats per barrel, Hstone, 12s to 14s; oatmeal, per cwt, 15s to 16s; potatoes per stone, from 2d to 3d. Ballyliannis, 10th Nov., 1845. I have had the advantage of visiting reccently a great portion of this district. The potato blight has reached us but not to tho same extent that it' has reached other districts. Some few are seriously injured, and star. vanon is already almost at their doors, but the great uouy 01 tne people are not so Beriously injured, up to tho present time but there is an apprehension entertained with regard to the potatoes in the pits. I have seen myself potatoes in pits unfit for any use, and I was told that they were apparently sound before they were pitted. This was not the case but in a few inBtancca. I can safely oay, for the bulk of the people, that a tixth of the produce is lost; but a few there are, and they are very poor already, and in my opinion they have not one sixth or near remaining. Some person's are drawing the stalks and moulding them anew, trusting to the recuperative qualities of the earth. The prices are for potatoes from Is 6d to Is 8d per owt ; oats from 6b lOd to 7s 6d per cwt. I regret that our landlords are apathetic on the present ocoasioo, and that example has no influence upon them. Camphill, County of Sligo, Wednesday. The potato rot here is most alarming, and appears with more virulonce amongst those housed and pitted. My worthy friend, Dean Dunkan, got in his orop in apparently the most healthy condition, but on re-examing them after a fen-days, he found almost all more or less infected, and more than half actually putrid. The landlords for the most part, evince little sympathy for the people, appearing more solicitous to give old Wellington a pretext for keeping the porta closed than to extract any precautionary aid from the government. Glendaloclt Chapel House, Annamoe. 12ii Nov 1845. The potato crop here is, I think, in a bad way. When digging out there did not appear a great loss, but in every case where they have been pitted for some time the rot was quite evident. I think there is at least one-third now lost, and what portion of those re maining can bo saved no one oan say. Prices are 4o. 6d per barrel for tbe best potatoes. Mr. Barton is going to buy up all the oata in this neighbourhood at market price, and in spring or summer to return it to those who may want it for their own use at the first cost price. Would to God his oharitable example may be followed by our wealthy noblemen and gentlemen. If so", the corn would be kept in the country. Our oat crop was more than an average. Borris-in-Ossory, 12th November. As far as my testimony can go it is to confirm the melancholy uccuunts already received by the " Mansion-house Committee." Within the last five weeks I have visited every townland in this locality 011 professional duties, and sorry 1 am to say the universal cry was " the potatoes are all tainted." In fact no part of this parish has escaped the dire contagion. In some places one-half are useless, in some three-fourths, whilst in other districts the poor people ore leaving them in the ground in utter despair. I have housed about 50 barrels of my own about three weeks since, and at present I have persons employed sorting them, and I can say with great truth that three fourths of the entire mass are " spotted." May God help the poor people who have nothing else to depend upon famine staring them in the face, and 110 prospect of employment; Claremorris, November 7, 1845. My dear Fhiend I have deferred to the last moment stating to you the condition at present of the potato crop in this parish. Any longer silence on this subject would be, I feel satisfied, exceedingly criminal in me. fortnight' since I did not oontent mvself with the various state ments made to me the different districts in the parish the alarms emanated from I visited personally. It was then to me a source of secret satisfaction to see that many of the uisneui leuiny oiiiveiiiiimu orougut to me nad oeen much exaggerated. This, however, was not better than a momen. tary delusion. This morning a man of undoubted veracity assured me that where he expected to have thirty barrels of sound potatoes he would not have three barrels. He also told that he discontinued digging his potatoes, because tho profits would not meet the expense of digging. This day I visited your father's yard, where he had about twenty men anu women getting curougn ma potatoes, lie 13 as careful and intelligent an agriculturist as any gentleman in Mayo. And then I felt horrified to observe, notwithstanding all the advantages he had of extensive out offices, admirably ventilated, immense heaps of all descriptions of potatoes perfectly dry and well coated with lime, all diseased. This day, in the village of upper iviace, in tne lower pare ot tne parish, the man iu. whose house the confessions station had been held, brought in a basket of the potatoes which are used daily by his family, in which it failed me to discover one sound potato. On yesterday in the next village to this, when I mentioned to the people that the offensive stench proceeding from the hot boiled potatoes diminished much as they cooled, o woman observed that they always eat them when cold, for that they never go to their meals, except with feelings of disgust. These few days past I have heard innumerable persons declare that they had not enjoyed one satisfactory meal of potatoes, for nearly he last fortnight. The potato crops in all the lea land of the country are all destroyed. There are few fields of burnbeat, containing many acre?, in this parish all the potatoes of the poor which are not worth the exponce of digging. The excessive rains of the last three months being the cause of this destruction, I can have no doubt of. For the last three weeks I have used all my influence to induce the people to dig out at once, from the conviotion that a longer connexion with the cold element which has proved so ruinous, could not be serviceable. Still one-half of the crop continues, I believe, undug the people erroneously, iu my judgment, attributing to the pitting of the potatoes, the injurios which they have been receiving in the wet puddles, in which they have been bedded for the last three months From this postponement of digging, I appreheud the most deplorable results. The aspects are daily deteriorating From appearances at present, I cannot calculate on half the neoessary supply ot Jood tor the people. Without timely aid I consider famine, with all its awful consequences, to be inevitable. I remain yours very truly, JAMES HTJUHES. John Gray, Esq., M.D. P.S lam happy to inform you that, after writing the above, I have heard on authority that James Browne, of Claremount, Esq., has given strict orders to his numerous tenantry on no acoount to part with their oats. Mr. Browne stated to me his opinion that half the potato crop would not 00 saved in cms neignuournooo. BOG-WATER COMMISSIONERS. TO THE EDITOR OF THE FUJSEMAN. Sib Perceiving from your paper of this day that the abovenamed gentlemen nave recommended the use of bog water as a specifio for the potato disease, I respectfully request that they will, through the medium of your columns, inform the public how it is to be obtained by the citizens of Dublin in sufficient quantity for the purpose, particularly by those who have no means of sending to a distance for it. I would beg leave to suggest that a reservoir or basin be immediately constructed, and that the watering carts of the Paving Board (now that the streets are wet enough without their assistance) be at once put in requisition and sent to the surrounding bogs to briug a sufficient quantity to fill it, and if the commissioners themselves eould be induced to take a dip in it, their intellect might be sharpened in such a way as to produoe some other idea, equally bright, that would not be so troublesome or expensive. I remain your obtdient servant, AN ANTLBOGTKOTTER. COURT OF BANKRUPTCY. Sittings for this day (Friday). ELEVEN O'CLOCK. Jbm Samuel Bill-Proof of debts, and find ewsninatioB, THE FREEMAN'S JOURNAL. LAW INTELLIGENCE. COURT OF CHANCERY Yestehday. The Chancellor sat at 1 1 o'clock. Rady v, Williams. Mr. Brook, Q.C , stated the platntiff's case. The original bill was filed on the 13th of November, 1841, and an amended bill was filed on the 1st September, 1843, praying that an account should be taken of what was due to plaintiff by defendant on foot of two mortgage deeds, date::! respectively on the 1st February, 1837, and 1st August, 1838. The bills also prayed for a foreclosure of the mortgage, and an account of the aasetts of the late Mr. James Williams, father of defendant, and other accounts; and for a decree declaring that two deeds, dated on the 1st of February, 1840, should be set aside as fraudulent and void. The plaintiff it appeared is a gentleman upwards of seventy years of age, and having desired aome years since to lend out a sum of money at interest, he consulted his solicitor, Mr. John Conroy, who had previously acted for him nob only as solicitor, but also as his confidential friend and adviser. Mr. Williams, tho defendant's father, wos also intimately acquainted with Mr. Conroy; he was his brother-in-law, and tho defendant is Mr. Conroy 's nephew. Tho parties being thuR connected Mr. Conry, tho mutual friend of the parties, undertook to get Mr.'Kody good security for his money, and in the month of March, 1836, recommended him to lend 1,0001. to Mr. Williams, and in the July of same year to lend a further sum of 1,4001., both of which sums were advanced upon security approved of by Mr. Conroy. In the commencement of the year 1837, Mr, William's required 18001. more; and again, Mr. Conroy acted as the confidential agent of the plaintiff and hia brother-in-law. He recommended that the former mortgage should be cancelled, and a new arrangement entered into, whereby the property seoured by the mortgage of 1836, should be again mortgaged for a sum of 45001., which sum was to bear interest at six per cent. In the arrangement of this mortgage Mr. Conroy was the only person concerned for the parties on either side. The prior mortgages were executed upon the advice of eminent counsel, but the deeds were oancelled, and of oourse were not before the court, whereas this subsequont transaction did not appear to have been directed by aounaol, being altogether arranged by Mr. Rody's solicitor, iu whom he placed the greatest reliance. The charge now brought against him and the defendant was that the security was insufficient and bad, and that the transaction was grossly fraudulent. The property on which the mortgage was granted was situate between the Clontarf road and the river Liffey, coneisting of various plots of ground, the greater part of which council believed, were generally uuder water, and in faot were at that time of little or no value, though since they had become valuable, owing to the construction of the Dublin and Drogheda Railway. Those lots were set out in the deed of mortgage. In one instance a lot was said to be situate in Sheriff-street., a street which though named had never been built, and this it would bo seen was done for the purpose of making it appear of a much more valuable de-soiiption than it really was. Another lot, number 88, for which tho tenant paid 1001., was part of the security ; but the lease expired in 1840, and since then it was unproductive. It was aold for 2501., thereby showing it was not of the value which it wan represented to be. There was another plot liable to 161. a year, which was perfectly worthless, and was given up as of no vulue. Lastly, there were two houses situated on Ormond-quay, and occupied by Mr. Cumming, whioh produced a profit rent of 921. Those several plots, with one or two other plots which counsel had not particularly referred to, produced a profit rent of 2571., which was reduced to 2051., by the payment of the head rent, leaving a sum wholly insufficent to pay the interest, there not being in all 1501 a year clear to pay Mr. Rody's incumbrance. This was the result of Mr. Conroy's advice, who told the plaintiff that ho was getting full value, and he believed so, as he had full confidence in. him. So much no, that he was induced to give a further sum on mortgage upon his recommendation, he alleging that the profit rent amounted to 5851. per annum. Having made some further observations with reference to the value of those plots of ground, counsel contended thnt the deed of February, 1840, which gave Mr. Williams and bis heirs a primary charge over the mortgage property, should be sot aside as fraudulent, Mr. Rod y not having been at the time of the execution of it, in a state of health to execute an instrument of the kind. Tho plaintiff's proofs were read, and Sergeant Wurren, on the part of defendants, Richard Williams, and wife, contended (hat there was no ground for making un allegation of fraud against Mr. Conroy, or his client. Mr. Williams, jun., did not appear to have anything to do in the dealings between his father and Mr. Rody.aud even if fraud were committed, which he denied, he was innocent of any participatitn in it. The deeds of mortgage were all advised by counsel, aud the security deemed sufficient, aud if the property did not. unfortunately produoe as much profit rent as was expected the solicitor in the case should not be made liable to imputation. With respect to the deeds of 1840, they were bona fide documents executed upon due consideration by the parties' in order to secure the defendant 21. a week for his support. Upon tho faith of those documents he married, and got a fortune of 5001., and it would bo a hard case upon his wife and her family if Bheand her child should suffer by the transaction. In conclusion he auhmifforl Hut tho ri'iin-an should be for an account as against the mortgagee in pos- oeaaiuu, aim mat tnere snouia no a safe to pay nim subject to his (Sergeant Warren's) clients annuity. The proofs of defendant were read, which contained evidence to tho effect that the mortgaged property was generally considered to be worth more than was calculated to he its valneby plaintiff's valuators, and that it was increasing in value. Mr. Pigot appeared on the part of Mr. Conroy. That gentlemau was not interested either in setting aside or supporting the deed of 1840, and he was perfectly ready to enter into an account. The case against him had totally foiled as regarded the charges of fraud in the preparation of the deeds of 1840, and counsel submitted that so far as that oharge was concerned the bill as against him should be dismissed. This property, from February, 1840, to February, 1841, produced 8451,, leaving a sum of 561J. for payment of plaintiff's interest. Tho property was rising iu value, and there would be ample funds to pay the sum to which plaintiff is entitled. Mr. Monahan, Q..C, replied. The Chancellor, in giving judgment, observed that in his opinion there was undoubtedly no case of fraud perpetrated or intended by Blr. Conroy as regarded the property, but it. was impossible to deny that this gentleman was guilty of the grossest possible negligence with regard to the interests of his client. His lordship, however, subsequently observed that, without saying it was so in a moral sense, yet, in the sense in which the word was used in that court, the whole transaction was a more fraud upon Mr. Rody. A more im provident and a more improper transaction he never recollected. Hia decree wus that the deeds having been obtained improperly from Mr. Rody they must be declared to be void, and be aet aside, and they must be delivered up to be cancelled. If costs had been asked against Mr. Conroy, considering the nature of the transactions, he (the Chan, cellor) would feel no difficulty in giving oosts against him. Tbe ground on which he set the deed aside was fraud, in concealing the settlement, which must have been considered binding on the parties. With regard to Mrs. Richard Williams, that lady must be considered as having implied, if not expressed, notice of the settlement ; and, therefore, the the relief must go against her also. His lordship, in cnnclu sion, made a further decree for redemption or foreclosure of the mortgage and sale of the property. The foregoing case was the first on the list and occupied the whole day. Bis lordship will proceed with the other cases in the list (which has been already published) this day. COURT OF QUEEN'S BENCH Yestehdav. (Before Judges Burton, Crampton, and Perrin.) THE ORANGE KIOT IN ARMAGH. The Queen v. Brien and Woods. Mr. Napier, Q C. (with whom was Mr. Ross Moore), applied that the prisoners, who were in custody in the gaol of Armagh on a charge of Manslaughter, should bo liberated on giving such bail as the court might direct. He moved upon the depositions taken before the coroner, and also upon affidavits of the prisoners themselves. The unfortunate occurrence upon whioh they were charged arose out of a procession of Orangemen, on the 12th of July. Their lordships were aware that before that time there was in existence a wholesome and salutary act of parliament, to prevent such processions that act was but a temporary one, and the legislature, in its profound wisdon suffered it to expire, and did not deem its re-enactment necessary ; the result was, that the prohibition having ceased, it became open to parties who thought fit to indulge in such things, to meet in procession, and whether that course was politio or proper, it is not for me disouss ; sufficient that those who thought such things judicious, had the power given to them by the act of parliament ceasing to exist, and consequently on the 1 2th of July, at- Armagh, there took place an Orange procession. It appears that in the morning of that day a large number of persons assembled, and marched out of town into the country, where they were met by other persons, entertaining the same opinions and feelings; all went on quietly ; there was no disturbance at all until a later period of the day, when they returned to town, and on passiug through a cerlain portion of it another party had assembled, who made an attack of stones upon the Orangemen, and the result was what any body acquainted with human nature might expeot; both parties were influenoed by strong political and religious feeling some shots were exchanged at each side, and the unfortunate man, John Boyle, lost his life ; but tho two men in confinement, though present, took no part in the affray they had no fire-arms nor other weapon; and in their affidavits they swore positively to the absenoe of all hostility of feeling or object. Mr. Napier proceeded to argue that as the safe custody of the acoused party for trial, and not the punishment of the individual was the object of imprisonment before trial, so in this case, where there was no proof that the prisoners were the persons who fired tbe shot, and as FRIDAY, NOVEMBER 14 1845 they were ready t give good bail th court ought t0 es ercise the discretion vested in it, and grant the application. An application of a similar nature, he observed, was made on the namo case before Judge Petrin, in chamber, and re-fined ; but with great roopeot for that learned judge's opi-tiion, lie would say that there was nothing on the face of the depositions to constitute a charge of felony. The learned gentleman cited many authorities in support of hia views, and amongst others a judgment "given by that highly constitutional judge. Lord Denoian." It was im portant that in these political times, that there should be no suspicion on the minds of the people of the puritv, and impartiality of justicethere could not be the slightest douht that these men would be forthcoming, and thounh the transaction was much to ha deplored the circumstances from winch it sprung were perfectly lawful, and they were exercising alawf'ul right. Mr. Brewster, Q.C., appeared for tbe crown, mid said it was his duty to resht an :i p'ication, which lie nnfdgnedly trusted would bo unsuccessful, for a deeper blow was never inflicted on tho administration of justice than would be by their lordships acceding to the motion made on behalf of the prisoners. He did not mean to go into the case uuon religious or political grounds, and it was to bo lamented that it was necessary, or thought necessary, to advert to either. His learned friend with great judgment had made a speech upon general topics, but the material thing was to hear the particular facts and circumstances of the case the part these men took in the transaction, and the nature of that transaction itself. He was really surprised to find this horrible outrage taking place iu a civilised country, supported and defended in such terms by one possessed of the station, infiunnne mid iin,-.,.fnw .i, i r , .i friend, and he unhesitatingly told tho court that if the nfinftinlft Idirl ,-!.,., :.. u..t i. , . . . r.....r. ....-,,,,, syeeuu Were Held to !)e good, there wonld be no security for life, and the land would be deluged with blood. Whether it were legal for men to assemble and march in procession, it was not necessary to discuss, but he would say that if in marching in procession they appeared in arent numbers armed ii they went, with deadly weapons in their bands, ready and prepared to do the work of destruction, then it was for tho law to murk its disapprobation of such acts. He would read for their lordships some passages from the depositions in this case, in order that the public might understand why the motion was resisted, and how it becomes the duty of the crown to prevent its being said that tin re is one law for ono set of men and another for another That this was no casual or hasty firing, but a calm, cool, and determined ac t, was proved by the fact that tho mouths of some of the party were black from biting off tho ends of the ball cartridge ; and when he read from the depositions that tho two men now in custody were most activoone heading an armed party with a drawn sword, and the other inciting thorn to persevere in the attack their lordships would see that this motion ought to be refused. Judge Crampton Ts it admitted that one of those men marched at the head of an armed party ? Mr. Brewster Yes; and he would read the passage in the depositions stating that faot und by a witness who certainly could not be said to be a political opponent the bead-conttable of police. This witness stated that ' a man named Woods, one of the two in custody, was on the occasion at the head of un armed Orange party, with a drawn sword, and trying to force his way in spite of the police." Here he (Mr. B.) would take leave to point the especial attention of the court to the evidence of a police officer, one whose admirable conduct and d-votedness wasabove all praise, and such as he had never heard of before; he placed himself in front of the fire in his efforts to procure peace-he was in constant danger of losing his life, and from the depositions pr this man, Mr. Sub-inspector Kellyhe would prove Brier's acts on the occasion. He stated that having received intimation that the procession was doini; down a certain street in Armagh, and being apprehensive that a riot would take place, he rushed down the street with a view of using his influence to prevent evil consequences. He goes on to detail these general state of things when he went down ho states that he saw shots firing, and that a party of which these two men formed part, stood in shelter of a corner, and from time to time rushed out, and fired deliberately up the street. Judge Burton And the two prisoners were of that party. Mr. Brewster Yes, my Lord the party came out knult down for the purpose of taking a better aim, and then reloaded in military or rifle style, and came forward again to fire. Tho witness then proceed to state his efforts to procure peace his having in several instances to knock the loaded pistols out of the hands of tho Orangemen, and his own escape from death by a pistol presented at him, fortunately missing fire, This is but an outline, and a very softened one, indeod, of the transaction generally, and I shall nowstute that part which refers to Brian's particular participation in it. Mr. Kelly identifies tho man in custody, named Brien, or O Brieuhe was of the Orange party he repeatedly interfered with the informant and encouraged the others to proceed he had a sword in his hand and tore his (Mr. K's) epaulette off the shoulder ; and after this I am to be told at this bar by a lawyer of eminence and station that if there was a felony in the acts of those who fired there was no felony in the acts of these individuals. I never before heard it propounded ina court of justice that if 300 men assemble, witha great number armed if they make use of those weapons, and if encouraged in that use by others, that those who encourage are to be looked upon as innocent it cannot be contended that such an assemblage was lawful that they met merely for sport or pleasure. Oh I it is a horrible sport when human life is sacrificed. Mr. Napier What I said was, that by the depositions it did not, appear that these men filed or had fire arms. Mr. Brewster I understand; your argument is this that inasmuch as by the depositions of the police constable, or police officer, it did not appear that these men, oweither of thorn, fired the shots, or were armsd with fire arms, you were entitled to your application; but I will take issue with my learned friend upon that, and I will show that thero would be no safety for life or property if the law were so laid down. Mr. Brewster next referred to the deposition of a person named Barnes, as showing the part taken by the prisoners in the affray and in the proceedings prior to it, and concluded by saying that the case was clearly one of felony, and of suoh a nature as rendered it imperative on the court to refuse the application to bail. Mr, Ross Moore was heard at considerable length in reply on the part of the prisoners. The learned gentleman first removed an impression that might have followed from Mr. Napier's argument, that the present application was made on appeal from the decision of Mr. Justice Perrin in chamber. It was no such thing. Thu question was now brought forward on new and distinct facts in the affidavits of the prisoners ; and in these affidavits it was positivoly sworn that they had not, on the day in question, fire-arms or weapons of any description in their possession. Mr. Moore next argued that it would be a fair exercise of the discretion vested in the court to accede to the preseDt application and dwelt with much force or. the injuries which would be inflicted on the wives and families of the prisoners by keeping them in custody. Their appearance to abide their trial could be the only end aimed at, and they were ready to give bail to any amount measured by the court to be ready when called on. Judge Burton stated that it was the wish of Mr. Justice Crampton and himself Mr. Justice Perrin not wishing to take any part in the consideration of the question to have an opportunity of perusing the depositions made in the case before the oorener ; and while, as a general principle, the court agreed in the proposition with respect to the object of bail, as advanced by counsel, for the prisoners, still there were cases in which the magnitude and character of the offence might be taken into consideration. Tbey were the mo?e anxious for a careful perusal of the depositions, be-cnusB the application was so strenuously opposed by the counsel for the crown, who, on every occasion where the nature of the case at all warranted it, was ready to concede to tbe discharge of a prisoner on bail. Mr. Brewster undertook to supply their lordships with copies of the depositions. Judge Perrin I have avoided taking part in the consideration of this question, but I cannot sit by and hear it said without the strongest contradiction, that a party of men goins through the country, and armed with fire arms, and other deadly weapons, is a legal meeting. Blr. NapierI hope your lordship will not understand me a3 advancing such an opinion. near?" Perri"-f ou did not- vou were certainly very The motion stands for judgment. The Queen at the prosecution of Thomas Cornell Duffv, , Es?-' Scully and others. Mr. BrewsterI understand that your lordships have received copies of notes of my Lord Chief Jnstice. If you hove received the notes in the case of the Queen against Scully, may I ask when your lordships will be ready to hear the pending motion. J Judge Crampton-We shall have the notes down to-mor-row ; nut to-morrow is law day. rTterTh!' perhai?8 yar ship will pro-oeed with the corporation case. ThdglC,rrptnr;Ve,'y,probab!y' Mr- Brewster. The court rose at four o'clock. COURT OF EXCHEQUEB-Tbwbbdat. t Attrney-General T- Zander Kyle. In thu case the defendant was arrested on a capias, at I, ,T M orown',for Pities incurred by alleged w?Zl? 1 S Tt0mS laWS' 0n f0" V ooniuel on his part moved the court for a copy of the affidavit on .rlWM 'SSU?d' and also that the writ should f!hL fifT88." 8tated tt "an information had been filed when in point of fact no information was in existence. This application was opposed by counsel on L7h rCr7;,0n ground that the practice Pt.h9Curt0'BqMria England hid been nf ZtL , 7 ,6 Pr-6Se r6' The on this state of fac s postponed g.vmg judgment until yesterday, in order to look into authorities on the subject !"BruaJ' -hlSh?' Baronaaid that fch .court had looked into this owe, wJiish was one of Considerable noT8itJ tbti country -vith much attention. It wa n nnni i t .... ... " """ iue si-uilliug o" hats against the subject at the suit of the crown, but in tho ot-nnttno- nf thp fiat 111 fliia rtnac 1.a 1 . , i : " " : , " " , uuruuB acted on the au thority of the case of the Attorney-General v Ucillv Meeron St Wellsby, 217, which demonstrated that tho practice of the court of Exchequer iu England was to iS9ue a p.jnins at. fhfl snif-. of f-.h r.rown nnrtn ;r ... 1 -r u imuriutition 10 Oe filed. Tho learned baron then referred to tbe uractiop nf ti, r . ; 1,; .... , . V. 1.1, o uuun, ui iai;iiciui, in uunraij, m C1711 CUSSF, as regulated by the acts of i) & 10 Wm. III. ; Juth w,;,. j jj ' c. 43, sec. 8 ; 2b'tb Geo. II., by which the subject had the riht of issuing a capias for the purpose of arres'i.T- h s debtor and holding him to bail, and subsequently iV.:,: declaration ; and although by recent statute thut po-.vor im,! been taken from the subject, yet that statute bad not deprived the crown of its ancient right to arrest, as in thi . case. It was trup that no precedent as to the pra iu,. of the Court of Exchequer in this country could be quoted, because thu revenue department, in this kingdom had nmr. hitherto managed by another jurisdiction, and nt-t ty that oourt; and although both himself and his learned hr t'n-.,u I'elt great difficulty in coming to the conclusion a:, which they had arrived. Yot it was safer to follow (!m prasUo of the Exchequer in England tfi.ui to give a decision u hicli would have the result of introducing a different practice in this country and thereby creatine; a conflict batweeii th two jurisdictions Therefore, looking at tho case in Meeson and Wellsby, and the language of the acts of parliament to which he had referred, tha court should refuse the application. The other learned judges concurred in this decision, aud the motion to set aside the writ, was refused. CITY GRAND JUKY Yesterday. The grund jury met yesterday at their room, Four-Courts. D. C. Latouche, Esq., Foreman, in the chair. me, ehiott's case. The jury having decided that tho fire at Mr. Elliott's was malioiou:,and caused by M'Eleer, they wen', into the consideration of the losses the petitioner had sustained both as recarded the house, stock in trade, furniture and other property. Several witnesses were examined by Messrs. Fitzgerald, Q.C, George, Q.C, J. A. Curran and Waller, who with Mr. Horan, as agent, appeared for tha petitioner, as to the loss sustained in the different departments of Mr. Elliott's house. The inquiry wus not terminated when tbe jurv rose and adjourned to twelve o'clock this day. They allowed Mr. Elliott 1,0001. for his house, and 4,8001. for the loss of his stock, in trade, which was estimated in the schedule at over 7,000). DUBLIN POLICE Yesterday. HEAD OJTICE. Mr. Thomas Fitzsimons, of Bergan's-lane, Harold's, cross, brought a young woman named Margaret Valentine before the magistrate, having heard her threaten to commit suicide the evening before at Portobello harbour. She repeated the threat, when she was taken to the station-house. She was sent to Grangegorman prison for 14 days. Mr. Nicholas Sinnott, of Bishop's-street, charged a woman named Redmond with having stolen some glasses and bottles from him. It appeared that Bhe was drinking in his shop the day before, and took an opportunity of concealing on her person the articles above named. The prisoner was committed for trial to the City Sessions. HEtJHV-STHEET OFFICE. 20 C summoned Mr. Barrington, of Great Britain-street, for obstructing thepublic thoroughfare at Loftus-Iane with a large pan. Mr. Barrington contended that the ground on which the article rested belonged to him, and that he had a right to use it for any purpose he pleased. Mr. Studdart said that if the ground was his property he should wall it in ; but as long as it remained open in the Btreet it was the property of the public. Mr. Barrington declared that he had kept the paii where it was for tho last 15 years, and that he'had never been questioned about it before. Mr. Studdart observed that he should settle his right to the property with the Paving Board. He would allow him a week to remove the pan, which at present appeared to be an obstruction in the public street. SALE OF PEOPERTY IN THE CO. MEATH. Yesterday, Mr. PhilipB, from London, submitted by public auction, at the Commercial Buildings, some fee simple estates, situate in tbe county of Meath, the property of Anthony John Dopping, Esq., and lay as the bill of particulars stated, the property in the vicinity of Trim, Athboy, Navan, Dunboyne, Drogheda, and Kilcock, and measured over 4000 acres, the income of which is about 30001. a year. All the lands are let to solvent tenants, at low rentB. The whole wa9 divided into four lota, eubjeot to be sold either separate or together. The attendance of persons at the auction was rather numerous, and after the auctioneer had read the conditions of sale the bidding commenced. A sale, in accordance with the wishes of the vender could not be effected, and the property was withdrawn. We understand several private offers were made for the property. ad vektisement.J PROVINCIAL PRESS " LOCAL NEWSPAPERS." TO THE PROPRIETORS OP THE GENERAL ADVERTISER. 2, Church Lane, Dublin, Nov. 13,1845. Gemtlemeh The very absurd assertion contained in your paper of yesterday, that the General Advertiser is " for all purposes required by the Standing Orders and Acts of Parliament, a local newspaper in each county," is such an invasion of the rights of the provincial press that I take the earliest opportunity, as a party concerned, to counteract the grasping influence of such a statement. It is evident that your object, at this particular juncture, is to supersede the necessity of publication of the Railway Notices in the recognised " local papers," and although I do not conceive that the "legal" gentlemen whom you have addressed are likely to be misled, I feel called upon publicly to meet your assertions. It can never, surely, be conceded that the mere shilling process of so-called " registration at the Stamp Office" of a town in each County confers any pretension to the objects contemplated by the " publication of a local Newspaper," and I shall more immediately allude to the district in which I am specially concerned, and with a portion of which I find you have particularly interfered. To the Queen's County, my claim for the Leinster Express as the '-local newspaper," consists in having an establishment at Maryboro', where an efficient body of printers and reporters are constantly engaged, and every attention afforded to the " local" affairs of the county, giving original reports of eyery public meeting of interest. For the county of Kildare, I have also an office at Naas, where the Express is reaularly published, and printed in case of newspaper emergency, and the same attention is given to all subjects of "local" importance: thus constitutina- it bv the only title under which it could claim the designation of a local newspaper. In this county, as well as in the Queen's, the Express circulates more extensively than all other papers collectively, including the General Advertiser, and until a journal more exclusively devoted to the interests of Kildare is established, I shall maintain that right which has been so universally recognised by the several public bodies of the county. I do not assert any " legal" claim for the Express to any further extent (whatever title it may have as a " General Advertiser" also), than those two counties ; the others adjacent, having all efficient " local newspapers," with whose rights I do not presume to interfere. As one of the Proprietors of fthe Kino's County Chro nicle, I cannot overlook your statement in reference to that particular district ; your modesty to assert that the Gene rul Advertiser is published in Cumberland-square, Parsons-town, by Messrs. Shields and Son, who being general Newspaper Agents, receive orders in common for your paper as well as every other in the United Kingdom ; but the fact of Mr. abields, Jun., being the Publisher and joint-proprietor -with me, in the King's County Chronicle, will be sufficient to show the connexion with his establishment and the " General Advertiser ;" and that he could scarcely conceive you hud registered his home at the Stansp-office, to supersede the use of his own newspaper. Haviug discharged my portion of the account, I Bhall leave my brethren of the Provincial Press with all of whom the case is precisely similar to deal with your statements. I have no intention to detract from your paper, or its advantages as ageneral medium of publicity ; but I must contend that for any particular advertisements, the " local newspapers" of the several counties, as properly understood and recognised, are those entitled to the various parliamentary notices, according to the obvious meaning and intention of the " Standing Orders." As well as " a name," a newspaper must have some " local habitation" else Old Ireland would have strongor claims to " every county in the kingdom" than your Advertiser j while the Nation might assert still superior pretensions. I am sure you never contemplated by the legerdemain process of constituting the Advertiser a " local newspaper in every county" that the Registrar of the Stamp-office would impose a duty of 32a. upon every Ad vertisement contained in your paper, which the right vou claim, if of any value, must decidedly impose. Your obedient servant, HENRY W. TALBOT Metropolitan Office of the Leinster Express. SOUTH DUBLIN UNION The usual weekly meeting of the Board o'f Guardians of this union was held yesterday, at the Workhouse, James's-street, Th HE-NBY BoYr,ES Ea1' ia the chair. Tfc;l,. ?n ),8ra1 were Present :John Nalty, M tT WMr o ,NWlan' Ftaaai Smyth, C. E. Wall, o m Parker' John - BonsaU, William Crozier, C Jones Thomas flalpin, Andrew Eustace, James Monks, JY1.D., John Pearson, William Evans, Thomas D. Smyth, Joshua Porter, and John H. Askins, Esurs.; Dr. Kirk-wood ; C. P. Shannon, Esq. state or the house. Paupers admitted during the week, 44 ; disoharged, 30 j fljed, 3 ; xejaaining ia tte, home,. 1,579. TO THE MOST REV. AND RIGHT REV THE CATHOLIC BISHOPS OF IRELAND. Strip " Teach me some of your reasonings. Whatever you demand for yur trouble I swear by thegods to pay you " Soc " By which gods do you swear ? For you must know that the sods are not allowed in here." Aristophanes' Clouds. Dublin, Church of the Conception, November 12th, 1845. Mv Lords A writer has appeared in the person of '-' Mr. U'Akon. of Snmmsr.hill." t.n turn adidn the edffS of those observations I had so lately the honour to addreM o your lvrnsmps on the new academic scheme. i U u iftt. -lihimlly uispoi; d to dual leniently with thl3 writer, imnilore, thatl abst-.i ued from commenting on a is which appeared some time ago on this Question in l-iit; livening i'ost, althouijh it appeared to me to call for se-ve.-iiunimndireraioii, and allowed it to sink undisturbed to iiannle, repose. Now, however, that with the characteristic partiality of a load parent ho hai ' resusci-tatad this b-mtling of his care, and hurled it in tha hape of a missive of 48 pages at your lordships' heads, cm reduced to the necessity of revealing not only its in-oonolusivunsss, but, I should be tempted to say of another writer, its dishonesty. There is another reason why I notice Mr. D'Alton. His proouct.on ha., had the advantage of the improving hand of its author, and among tho few modifications it has under-gone is the devoting j,t half a pae to the demolition of myself and the grave authorities I cited. He saja at page 21 : "I have seen recently arrayed againstthis measure as the sole ground for ecclesiastical uisproval, Borne decree's of ancient councils, in days when Christendom was of one profession, and which prescribed that all the heads and professors of Seminaries should not only be subjected to tests of orthodoxy on appointment, but tie compelled to make from time to time, declarations of unvaccilating belief while tho students were to be " constrained" to attend the-various religious rites of our church as well on week days as on Sundays aud holydays." Now would the public believe that these remarks, which at any other time than a period of excitement and factious feeling, would fall to the ground by their own weight are gladly caught at by a class of persons wln feel all the awkardness of the position in which an appeal to first principles has placed them, just as the proverbial straw isTcaught at by the drowning man ? Yes no it is. Theso persons who, by their station, ought to ba above such thing, seek by a sort of drawing-room agitation to give vogue to sentiments they would shrink from publicly avowing, and speak, to my kuowledge, with oheap and hair-brasned eloquence of such things as the " dust of the old canons, &c." Let me then even, ex abundanti, proceed to silence these petty batteries and thereby give tha last degree of stability to those important principles which-I laid down in my last letter, and which, as I said, have never ceased to govern till our own disastrous times tho great, the paramount question of a country's education. In-all arts and sciences first principles are every thing. And education is the art of srts"mihi semper visum est," sayg-the ancient sage, " e6 etiam nunc videtur alias onines artes non admodum difficiles esse: hominum vero ad rectam, vitam institutionem omnium longe difficillimam." Let me, then, proceed still further to assert these-maxims, and vindicate them even from the cavil that has been attempted. I will not allow the country to bo misled at this crisis of its fate, and I mean to take good service out of these principles when they shall have been confirmed in the public mind. It is but in deference to the public interests that I take this trouble. Mr. D. sets out with informing your lordships thaf'Cicero lived in the twilight sio of Revelation ;"and, furthermore, that he (the said Cicero) " as under the influence of a prescient intelligence, perpetuated the auspices of his own opinions." After that crepuscular intimation his readers would be tempted to think night coming on, and heaving a yawn, " Yield to the influence of the genial hour." But the magic name of " Doyle" piercing through the gloom of his pages will likely reawaken all the interest of the reader, and gain for him a lev moments more attention. To reseuo this honoured name from the persevering misVpresentations of Mr. D. is another, perhaps the principal of myebjecta. I shall expiain myself by-and-bye. X In his letter Mr. D. i3 occupied with praising two things and disapproving two other things. The two things that come in for Blr. D's praise are first, himself, and next the new colleges. Those which have to endure his disapproval are first, the councils I quoted id my last letter, and then myself for having quoted them. I have cited the passage that refers to myself already. The laudatory portion of the pamphlet, Bomehow or other, has connection with a certain chair of Irish history and statistics, which Mr. D. is very anxious to see established in the new seminaries, and in reference to which he thinks it necessary to tell how when he was interrogated a few years ago by the Select Committee of Education .- " Would you not apprehend that a very intent study of Irish history might tend to foster a spirit of hostility to England ?" My answer was then (says Mr. D.) as it mould be now "I have considered that subject, and I do think, that so far from an antipathy to England, as a nation, being ...u.v.avU uj rnu a uiatuij, ii wouiu osiessened. I think the facts of historvhavn hpnn mnftli ii;,tn.. j - v u.ouu. bi,u, uuu bJUClb 6UO hostility to England, as a nation, has been hastily and un- ncutouuauir oinicu vy eveuts, wnicn, it properly traced, are more referable to the extortions and cruelties of individual rulers, to whnnn nnr.nnfi.nna.1 oJ ic-l. . the government of Ireland was unhappily entrusted, whila uo riuisiiiiai uiouuiuu oi inanmen wiu oe round most frequently facilitating, if not inviting, these visitations." TVT. Tl l - - , , ... . . . toiiii oir rvooerc ana tne object of hia lolleges. It shan't be Mr. D.'a fault if Sir -ri. don't understand him, and my notice won't do any harm ; it may even serve to advertise him. I therefore pro- oeeu at once to remarKs on myself and the councils. Against the councils his exceptions are, that they are " ancient," of a time " when Christendom was of one profession" : Oh I that I should have to tell a candidate for a chair of history to look to dateB ever to keep minding dates! It so happens every council 1 quote from dates after the reformation, and even after the Council of Trent, with one exception, and that exception is not irrelevant to the point at issue, or Father Possevin, a name before all tha aspirant of the present day, would not have used it for precisely tha same object I had in view. Now, I beg to remind Mr. D'Alton that subsequent to the Council of Trent Christendom was not of one profession, nor councils of ancient date. I beg also to remind him that with respect to 'tha councils of those ages of faith, when Christendom was really of one profession, I expressly said "I would pass them over,' and did pass them over accordingly, merelv giving the names of a few. But Mr. D'Alton insinuateshe could not directly sav so, for the contrary is too clear in my letterthat T wish to impose the tests and apply the professions of faith exacted by some of these councils to the present exigency Now there ia not a word in my letter to justify that insinuation. I stated most clearly the object for which I used them. It was to prove that the church always thought and insisted that education should be based on religion-animated, modified, impregnated by religion That was my first object. And my next was, to prove that to secure this result she ever thought, and felt, and taught that her bishops should have adequate, if not alwavs elusive controul over public education, and in times of dan ger, plentiful guarantees. Now it is these guarantees this control that Mr. D. and his friends wou 11 ft the church; and therefore I thought it useful andnecessiv to quote the strong words, and exhibit the decided S? rf danger! ' aalU f mixed It was not then to W tha . . .i,n a j Ii. , r " L lUBJ are only some of them who demand that nartinnl n...:t. tonal examination, for instance, into life and doctrine in fh ii ' U rs aSam use otner precautions. But what they all, without exception, agree in, and proclaim to ba their bounden duty to agree in, is, to exact precaution! of one kind or other, and always and ever, contral. Does Mr. D'Alton think I could quote these holy-councils for the specific enactments in which they embody and carry oat these principles ? If he knows anything about canon law, and as an accomplished lawyer he must, he knows that I could not quote these synods for the specifio provisions of their laws, for this plain reaBon, that these provisions could not bind beyond the limits of the jurisdiction of the sacred lawgivers who framed them; and their iu risdiction extended often no farther than their province But is it necessary to tell Mr. D. there are two things in law its spirit and its letter ? Now, it is for their spirit T quoted these laws, and not for their letter ; because th -letter is confined to their province, while theirspirit to the universal church. Yes; it is for their h 1 blessed spirit I quoted them that spirit which tB ti ,8nc' guage of the Council of Cologne, said-." Iti. ? an" dnt v of binhoni. to Innk nftnr tho . 35 ma0h tho colleges, lest the lad that listens to them h X '-0E! !? aften th teaching in rmW- 1 m ? contaminated. spirit whioh is found to. Z'T'-t 4ile. the . etter that embodies U tJfpM lives m the letter and viv fiesit, bat when the letter dies, dies not with it, but Burmes-for . it ia the Spirit of God promised to hia church, to guide it. into U tratb and is immortal as Himself-it is Himself folfilHni b eTer.BrMW!J8 maimmm : wJlw9 m w

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