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NoTEMBia 2d, 1850. £HE NORTHERN gj. AR ^...
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BXTRAOBDINAKY" SCENE AT THE PUSEr ISE - ...
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IssicT-smiB. —M. Bogere, professor at th...
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'JUDDUSSBX SESSIONS, ii-JtaV9ffeaSr ?*' ...
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3Lato JnWJtrjntce,
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COUBT OF QUEEN'S BENCH. IHE qUISN (EX PA...
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COURT OF EXCHEQUER. BREACH OP PROMISE—SH...
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CARDINAL WISEMAN'S MANIFESTO. A manifest...
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t 1 hare »ctu told that great offence h»...
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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Notembia 2d, 1850. £He Northern Gj. Ar ^...
_NoTEMBia 2 d , 1850 . £ HE NORTHERN gj . AR _^ _^ _^ _^^ _-- _^^^^^ - f _^
Bxtraobdinaky" Scene At The Puser Ise - ...
_BXTRAOBDINAKY" SCENE AT THE PUSEr ISE - _ CHURCH OF " * STv BARNABAS * HMJJCO . 7
_Asoeneofaniorfraorfinarychjwcter _. caUi _^ tedto qreate great alarm and excitement , took place on Sunday , during morning jerrice , at the recently-• mted Protestant Church of StBarnabas , Fimlico , _at Hch principles aad practical having an affinity to _Ronmusca prevail . Ia _cona-eauence of some attaaptto mterrnpt divine service on the previous Ennday , and there being some apprehension that ( be « 0 _igregatioB might be diataihwd , or a breach of the peace committed , _SerpantLoesa , a vary intelligeat officer of tb « B divuien , end two or three constables under him , the whole bong in plain clothes , were placed in the church previous to the commencement « f tbe morning service . _Theftittingt being aU filled ,
the church doors ware doted , aBd in a few minutes ¦ afterwards , a _well-dreeted man waa seea to leave by one of the _aide _^ doors in _Chnrcb-atreet , _betweto which ani tiie street there is a small court-yard or apace opening into the thoroughfare by a door in a - Hone wall , tbe latUr of which tht person who quitted < he edifice left open . There it evevy reasea to believe that the scene that _mhaoatimmeaiately followed _«» pimeditated . # The stropr had scarcely left the building five minutes , wben a loud shooing and leuing , with the clamour of many voices , waa heard By those within the sacred edifice , and Sergeant ibpom and hia men rushed out hy tbt door the _tengerhadtakai , and by dint of great pergonal ¦ ac tivity , favoured bthe-position of the entrance
y , _aueceedtd in preventing an attack upon the church « ntil the arrival of a large party of the police . Upon the sergeant fiist issuing from the church with his men he found that some half doxenof amob _ofnesrly 200 had entered the door before spoken of into the pace between that and the church , when , by a most determined effort , they succeeded in closing tba outer door , and thus separating those who had _entered from tht main body , amidst the cries of _""Wa'llfciTe no popery—down with the church"breakthe doorepen , ' and suchlike _excltmations The few persons wbo hid entered as described retreated over the atone wall npon finding the rest of tbt party cut off , and the crowd increased momentarily until the arrival of Inspector Cumminr , of tbe
£ division , who was upon the ground within a few ssunntea with a small party of men ; immediately followed by Mr . Ruutll _, the superintendent ef the _-division , with a freah body of _csnitables . At this time the mob mult have numbered very near a thousand , and oonthted ofa vast somber of gentlemen lad well dressed persons , tbe amount being made xa by others belonging to humbler grades . There was a very strong feeling manifested by many of the well dressed persons _present against the proceedirin of St . Barnabas , and it required the _extreme of very _oenaderaUe firmness and moderation on tbe part of the police te prevent a most _seriout disturbance . By _dintofpttiuarion and force tbe vast atstmblage , which , was such as temporarily to causemuch anxiety
for the safety of tbe congregation and the nwghbourfcood , was , _witbtheexesption of one person wbo was captured , dispersed . On Monday , a young man , respectably dressed , who gave the name of W . _Gossy and ' said he was _tatler to M . Drammond , Esq ., of No . 2 , Bryanatone square , was brought np in custody at the Westminster Police Court , charged with disorderly conduct , and _attempting to create a disturbance at St . Barnabas Church on Sunday forenoon . —Inspector Cummint , who preferred the charge , described the circums tances above narrated . —The accused said -that ho wot at first _chained with cresting a _disturbance in tbe street , and tbat only at the station-Abuse were the addition ** of " endeavour io force his way into the ehureb , " & c _., made . The fact wasthe
, -doom were shut upon the public , and some gentle--mea who came np asked how that was , when the : man at the door read a paper of some tort , which he _calledan authority , but the people laughed at it , -declaring it was no authority at all , and the gentlesjjen forced their way in , followed by a few more , slnidst a great noise and uproar . The police were wjiitively mistaken in saying that he ( the defendant ) had anything to do with the i * Sair ; he was not near the door , and had never Interfered in any way , but was from first to last a quiet spectator of what occurred . —The defendant then called the following witnesses ; Mr . _Geeige Freeman , grocer , No . 1 , Bond-street , _Belgrave-sqnar _^ said he was at St . Barnabas Church , and saw the defendant therebut
, "be did not see him put Ms leg in between the doers ¦ or attempt to _fbroe hit way into the church , and if he had done so he must bave seen him doing it . fie was not committing any breach of the peace , nor _doing anything calculated to excite it ; nor did he vise any harsh or offensive expression . There might tare beea between 1 , 000 and 2 , 000 persons present . Tbe persons in the crtwd were shouting out . He did Dot hear any one call out to pull down the doors . ¦ Amongst the crowd there was a vtry great nnmber of highly respectable people . —Mr . John Mitchell , builder , Chester-street : Did not see the defendant pat Ins foot to the door , or attempt to force it open . The defendant was not ont of his sight aB the time , ani be did sot in any way misconduct himself . Tbe
-man at the door refused to admit those who were near the door , and npon being asked his authority -lor doing so be pfodneed a warrant , which was read _^ aloud . At that moment a great many Of tbe police came np with the inspector . The latter said , - ""Where are your staves!—why don't you use "them 1 " and the police immediately used their staves and pushed the people away . At that time there -were not more tban twelve persona near the door inaide of the wall wbich surround the church , and amongst them the defendant was standing . The _injector immediately called out to bis men , "Why 4 b > n t you take him away ?'* aud he was at once ttized and used very roughly . _Witaess told them the defendant bad not committed anv offence , bnt
tbey took Mm away notwithstanding . He followed -bim to tbe station-bouse , and asked wh « t was ths -charge against him ? The inspector hesitated for some time , and at length said he was charged witb disorderly conduct in front of St . Barnabas Church . _"Witnesa offered to become bail for him , and got -another person to do so likewise . —Mr . Baring , ironmonger , 3 , _Yictoria-road , said that he went on "Sunday morning to St . Barnabas Church , and got -there abont five minutes past eleven , and applied for -admission : There were abont ten persons ouUide at -the time , who ware refused admission . When tbey were about to leave , two gentlemen came up and laid , "Don't go away—tbey can ' t keep you out of the church . " One of them was a nobleman . They
asked by what authority they were prevented from going in . The porter produced a warrant , which was read aloud by ont of tbe gentlemen , and they then ibrced their way in . Two other gentlemen then came out , wbo a * sured bim tbat there was abundant standing but no sitting room in the ehureb . A few minutes after that a gentleman got over the wall , and said he was disgusted ; the caidles were lighted , -aad it was popery in the most malignant form , and tbat led to the mob crying ont , "No popery . " Up -to that time 19-20 tha of those present were respectable persons . A boy thtn came up with a life-pre _server swinging in his band . Se called a policeman ' s attention to bim , and said it was calculated to excite the breach of the peace . He saw the
defendant there standing quietly by the side of the rails . He left before the defendant was taken into custody . - —Mr . Broderip said : I have now heard the whole ofthe case , and it U quite clear that a very large mob of persons was present , a proportion of whom _were highly respectable , and aportion low characters . "The question it , whether the person hefore me was at all active in leading the mob or doing tbat only wliich he might have a right to do , attempting to gain admission into the church . Now it appears from tbe evidence tbat there was room inside the church wben _^ admittance was refused . I find that all be is charged -with ib putting his foot to the door to get in , hut a
great many ofthe witnei 8 B § swear that he did not do so , and , therefore , I do not think it is a case for me -to call on the defendant for sureties for his good behaviour , and therefore I must dismiss him . The Queen ' s ¦ place must be preserved , and I am determined to preserve it within this district ; but those personB have much to answer for and undertake a serious responsibility , who provoke breaches of the peace and € _icite the _indication oftheir fellow subjects by the exhibition of Romish ceremonies in a Protestant < shur ch at such a time as the present . —These expressions were followed by a general burst of enthusiasm , -clapping of hands , & c , which was taken up by the persona assembled outside the court .
Issict-Smib. —M. Bogere, Professor At Th...
_IssicT-smiB . —M . Bogere , professor at the -Agronomical Institution of Versailles , wbo bad ¦ been charged by the Minister of Agriculture to _exa-^ nine the best means of destroying the insect which . ravages wheat , has invented an apparatus whicb , _ly applying a _certan amount of heat ( from fifty-five to sixty degrees ) to the grain , preserves it in a . sound state for bread , whilst it destroys the insect . Prom sixty to one hundred hectolitres may be _passed through the apparatus per day Thb Light asd HeuotTax . — "Truly the light is sweet , and a pleasant thing it is for the eyes to """ behold the sun . "—Eccl . llth chap ., 7 th Terse . Jf -blindness he an affliction , it surely is an affliction to live in houses where nearl y every chink and crevice which admit tbo light and air into our
dwellings are " taxed . " "Where darkness predominates dirt accamnlafces , and as our government "taxes the admission of light and air into the dark dwellings of the poor , _especially in onr crowded cit ieB , Itis surely very , very studious in _encouraging filth , fever , miasm , and malaria , amongst thein . By the deprivation ot these _natural requisites for -our existence , the Board of Health , with all its sanitary regulations , stands shackled in its nseful progress ; for wherever light and air are wanting in onr dwellings , there cholera and contagion with all tbeir attendant destroyers are prone to stalk . 0 je advisers of our royal Queen , ye who have thoughtfully given us cheap bread , deny us not tbe fall enjoyment of our health and existence . " God aid let there be light , and there was light / 1 bttf ye j » w tax _hjs _ppuflty . «> -X _4 ' * _Smldtr _,
'Juddussbx Sessions, Ii-Jtav9ffeasr ?*' ...
_'JUDDUSSBX SESSIONS , _ii-JtaV 9 _ffeaSr ?* ' Hod _*« * ere for the appelft & . i _* 5 _f _&* TF ? - 4 n bave deserved mention ¦ _ffiSn _^^^ ' _- _*^ not bearing upon _ttopwnU in issue , was elicited iia the , _aranoof Sift ??* " " The * PP «» 1 w *» against a lunatic order made m respect of Mary Basing , a pauper , nd itwas clearl y proved , by the evidence . ©? a W named Lunn , that in the year 1825 or 1826 the pauper acquired a settlement in tbe appellant parish by a yearly hiring as a servant .-Mr . Pasbley said he could not contend . against thia , but he was ina position to show that the pauper acquired two _subaeqnent settlements in other _narlshes bv servitude .
He proposed to prove by tbe evidence ofthe pauper herself a settlement in the pariah of Limehouse . — Mr . Huddlettone asked if tbe Court would take the evidence ofa person wbo was actually under treatment in a lunatic asylum ? The pauper was in court , but she -was actually in the custody ofa keeper , who brought her up' by subpoena . —Mr . Pasbley said the court would find that the woman was perfectly recovered , the surgeon to the asylum having signified that she was quite sane , and fit to be examined here upon oath . He believed she was nowmerely detained in the asylum until the question of her settlement _wat decided . —The learned judge asked If he was to understand that suoh was actually the fact ? It was a very serious matter :
if what tbelearned counsel said were true , the Court could not reeeive her evidence . —Mr . Pashley said he eould not say positively whether this pauper was so detained ; but he bad known of many instances in whioh pauper lunatics bad been detained in asylums after being pronounced cured , until their settlement was ascertained , became , if disoharged before that was arrived at , the party lost all power to claim the expenses of the pauper ' s maintenance . There was no doubt of the pauper ' s having been pronounced sane by tbe medical officer of the asylum . —The pauper was here brought into Court in the custody ofa female officer , who ssid she waa superintendent of the Grove Hall Asylum , Bow ( as was understood ) , a properly licensed asylum . In
answer tothe Court she said she didhot know that the patient had been declared cured . —The learned judge said if the pauper bad been detuned after having been declared cured for the purpose stated by the learned counsel , the bouse or asylum ought most certainly to lose its license , and tie surgeon and proprietor would stand a good chance of being found guilty if they were indicted , as they assuredly mightbe , for conspiracy . "What were ths _eemmis-• ioners in lunacy about , to permit this ?—Mr . Pashley did not assert that it was absolutely the fact that this panper had been detained in this manner , but it was true tbat some time before the surgeon bad declared her cured . He bad known many in « stances in which counsel bad been desired to lose
no time in settling papers , as lunatics could not be discharged , " though cured , until they were completed . The present pauper appeared to be perfectly sane when questioned as to her settlement by the parochial officers six weeks ago . —Mr . Pownall , who was on the bench , said , if this were so , a piece of great ' cruelty bad been exercised towards tbe poor unfortunate pauper . —Samuel Chandler deposed that be examined the pauper as to ber settlement iri the presence of tbe medical attendant of the asylum , wbo told him that she was sane , and also that she was detained only because tbe question of her settlement wat not decided . —The learned Judge : There is much more in this case than appears on the surface , arid public justice demands
that it sbould be adjourned in order that this medical man may be compelled to attend to state what the meaning of all this is . The circumstances must be communicated to tbe commissioners in lunacy , who are hound to answer for them ; for here it appears that a poor woman , withont friends , without means , and unprotected , is subjected to the cruelty of being confined in a lunatic asylum after being declared cured . These are circumstances I must have inquired into ; let the case be adjourned , and the costs will abide the results . The case was then adjourned until the appeal day of the December sessions , the witness _Chandler being directed to subpoena the person in whose presence he examined the pauper . Tha " Yf \ T _£ mTiai * Q < _3-jnnwnni ? _.. _« _... _] _.... i _... _« r 4 V . _luiKuiuu _noaiuuB oi
_* uo - aujvuiucu gcaciu mo peace for the county of Middlesex commenced on Tuesday morning , at the Sessions House , Clerkenweil . There were seventy-eight cases of felony and four of misdemeanour for trial . The magistrates on the bench were Sir Moses Montefiore , Mr . Brooking , Mr . Woodward , Mr . Warner , and Mr . Russell . _Jurisdiction or thb Coubt . —The grand jury returned a true bill against William Howell for stealing a metal inkstand , value Js ., the property ofthe Bight Beverend John Bird Sumner , Lord Arohbishop of Canterbury , and others , trustees of the British Museum . —Mr . Bodkin said this was a prosecution instituted by the trustees ofthe British Museum for an act of simple larceny , and he appeared in support ofthe prosecution by their
direction . The charge was preferred against tbe prisoner before a police magistrate , who committed him to this conrt for trial , but in the meantime it was ascertained tbat he had been before convicted , and that fact was alleged on the face of the indictment . On reference to the Central Criminal Court Act , he fonnd that this . conrt conld not try an indictment in whicb a previous conviction was charged against a prisoner , aad the present ease was an apt illustration of the great trouble , expense , and inconvenience , occasioned to the public by tbo extraordinary clause which operated as he bad mentioned . He was at a loss to know what object was hoped to be attained by the operation of that clause , and it was certainly a matter of great
importance to tbe public tbat some remedy should be applied to so serious an evil . Here was a case of simple larceny . The authorities of the British Museum had attended here at some expense and loss of time to prosecute , in obedience to the decision of tiie police magistrate , yet tbey were to be subjected to the further expense , loss of time , and inconvenience , of attending at the Central Criminal Court in this case , which at tbis court would have been disposed of at once . —The learned Judge said this was not tbe first time tbis had been oomplained of , aad he was fully aware of the justice of the complaint . The evil waB not so manifest before the abolition of tbe ptnalty for transportation for simple larceny , as the court could then give
consideration to a former convietion in passing sentence , but since tbat abolition the court could not give effect to former convictions in these cases , the consequence of which was the complete failure of justice in an immense number of mstances . In that court last year there were 220 cases in whicb prisoners had been before convicted , some of them two , three , and fonr times , yet the court was not able to punish them accordingly ; having no power to award transportation , or to try the accused for the former conviction . The expense of trying these cases of simple larceny at the Old Bailey was treble or quadruple the expense oftheir being tried here , aud if that court was competent to try a ease of simple larceny at all , it was competent to try it withthe additional charge of a former conviction
against the prisoner . It wat to be hoped , on pnblic grounds , that some short act to remedy this would be past next session . —Mr . Bodkin said the anomaly was the greater as there was nothing in the statute to prevent the grand jury finding such a bill , whilst the court was unable to try it . The power of trying such an indictment was possessed by every other Court of Quarter Sessions in the kingdom , and why a distinction was made in Middlesex he professed he was at a loss to know . He had called the attention of the court to this case in the hope that it would be brought under the notice of those who had influence to remedy so very seriouB an evil . — The bill was then ordered to be remitted to the Central Criminal Court , and the witnesses bound over to appear at the next session of that court .
_Shopltfxino . —Napoleon Ferdinand De Maillepree and Louise _Wilheimina Teichert were indicted for stealing a gold key and a gold locket , the property of William Cochran . —On the morning of the 5 th inst . the prisoners , two foreigners , were observed in Cheapside by Haydon and Brett , two active officers ofthe City detective police , who having some suspicion as to their objects in being in the streets , watched them . The officers followed them along Oxford-street to Regent-street , where , after walking up and down some time , the female prisoner entered the shop of Mr . Cochran , jeweller . The male prisoner remained outside , and after a short time the female left tbe shop , and having Bpoken rapidly a few words to her companion , she ran into
Hanover-square , the man following her . Thoy joined m the square , and the officers distinctly saw them examining some trinket . The officers followed them into several other shops , where the same mode of operation was adopted , and eventually they took them into custody in the shop of Mr . Yaughan , _pawnbroker , Strand , where they were offering in _nledce a locket and a key , whicb _. on being presented at Mr . Cochran ' s , the shopman at once identified as having been on the tray of jewellery which had been shown to the female prisoner . Itappeared that when in the shop she had examined a quantity _? fjeweE _" but left without purchasing anything _, _-ffe woman pleaded Guilty , ; and the manwas another indictment
found Guilty . * There was _agSt thei but they werenot tned _^ upon it . _Sentenced each to six months _^ b _^ A _^ The fol . _BI-GIBI 8 MI 0 S OI A _CATHOMC CH _£ " j ™ f _™> lowing certificate was banded in to ti £ _g * _«™ peace , as required by the act for the _^ 8 ™ ° the Catholic Chapels ( 31 Geo . HI ., < c . P ) jr- _*» { J _underai _gned , do heW _^ rtify thatlintend opemng a place for divine worship , according to the Eoman Catholic rites , nnder the title of St . Ann ' s _ChapJ , S _picer-street , Spitalfields ; and I _to _**"**^ that I propose to be the officiating priest of the saw chapel . ( Signed ) J . Quintan . Nov . 19 , 1850 . SmuKo pbom ihk _Pebbon . — Esther Cooper , m , and Harriet Symons , 21 , were indicted for _Bteal-# •» » - * 5 and t wo _Janakercbjefs _, _fh . e . _gropeitj W
'Juddussbx Sessions, Ii-Jtav9ffeasr ?*' ...
Thomas . PottervSawew ,. from his-perton .-The prosecutor , a tradesman carrying ' oii'business at Cambridge , was in town on the 29 th of last month , on whioh day he dined and spent tbe greater part of . the evening with two or three friends . ; Towards midnight he got _intothe company of the . prisoner Copper , in _^ neighbo urhood of _Eustoa-square , and she introduced him . to the other prisoner Symons _^ They partook of several kinds of drinks at the _^ Plasterers' Arms in Seymour-street * and ultimately . the prosecutor found himself lying in the Btreet , at three o clock in the morning , _suffermggreatpain under the left ear , as if hehad been struck with a life preserver ; there was a serious bruise on bis right arm , and the whole of bis
money ,- £ 3 , with two pocket handkerchiefs , were missing . In Symons' room was found a pockethandkerchief , which . the prosecutor swore was one of the two of whieh he bad been robbed . On the way to the station-house she asked if " Etty" was taken , aid being answered in the affirmative , she said-V We got a sovereign , and are going to split it . " In Symons' room was found a large bunoh of keys , which the police said bad been adopted for p ioking desks and other locks . —The jury , after four hours and a half a deliberation , acquitted Cooptr , and found Symons' Guilty . The latter was sentenced to nine months' hard labour . _Bobbbrt . —Thomas Burke , 21 , an Irishman , was
indicted for having stolen a pot of marmalade , value lid ., and a bun , value 2 d ., tbe property of Henry Dietman . The evidence was quite conclusive . —The prisoner , in his defence , denied with indignation that he had committed the theft , and deolared that he was a gentleman , and had recently come to England from Ireland with the object of recovering , if possible , some estates of which be was the lawful owner , situate in the county of Galway , wbich bad bean fraudulently taken from him by the Enoumbered Estates Commissioners . ( Laughter . )—Guilty . —Sentenoed to three months ' hard labour . Assiuii . —Richard Wallis , a _lorkshireman , was sentenced to four months' hard labour for committing an assault upon a little girl , named Laws .
3lato Jnwjtrjntce,
3 Lato _JnWJtrjntce ,
Coubt Of Queen's Bench. Ihe Quisn (Ex Pa...
COUBT OF QUEEN'S BENCH . IHE qUISN ( EX PABM DAVID _WCITICO ) V , BA 1 DWIN aim ANOXHXB . : ; The _SowcroR-GassHAL said , he was instructed to move , on the part of Mr . David Pacifico , for a rule , calling upon the printer and publisher of , the Morning Herald to show cause why a criminal information should not be filed against them for a libel published in the Morning Herald on the 13 th of March last . Tbe libel itself arose out of atopic which had been much discussed of late in reference to the affairs of Greece , and if the publishers of the libel had confined themselves to matters of
pnblic concern the applicant wonld never bave complained of them ; but in this instance the writer of the article bad made an attack on Mr . Pacifico ' s private oharacter , which compelled him to come here and ask for the protection of the court . The libel professed to be a letter from the private corre spondent of the Morning Herald at Athens , dated the 28 th of February , in whicb , after discussing the question at issue between Greece and England on public grounds , the writer said , ' The Jew Pacifico , before his fraudulent bankruptcy at Constantinople , and before his consulship in Greece , held an inn in a ' village in Portugal . " He ( the Solicitor-General ) must here observe that the applicant never had been at Constantinople , and never had
been a bankrupt , and in fact bad never owed a shilling whioh he was riot able to pay . The article proceeded , — " On one occasion Don Pedro , on his way to Lisbon , first sent to say that be wonld stop there , and having changed his mind and taken another route , was much astonished some time after * wards to see mine host arrive with a bill for £ 150 , for the cost , he said , of his preparations to receive His Majesty . Bon Pedro took tbe thing as a joke , but gave him £ 25 and sent him to the rightabout . ' ** The applicant , in his affidavit , swore that there was not a single word of truth in the whole of that statement . The whole of it was untrue from the beginning to the end . The libel went on , — " Since then Paoifico , having changed for the third time his
nationality , and put himself under Sir E . Lyons' protection , raked up this old account , which he pretends to have been torn or lost in the pillage of his house , and which suddenly took the fearful proportion of £ 25 , 000 . This is the principal item of the Pacifico affair , which also comprehends the indemnities for the harm done to his house , snch as £ 2 , 000 for bronzes and crystals broken , and the rest in proportion . Now , it happens that before the riot in his house Bon Pacifico had had the misfortune to have one of his . daughters run away with twice—first , by a merchant ' s clerk , and , secondly , by an apothecary ' s boy ; and , on this second sad catastrophe he addressed himself to King Otho , protesting that his daughter had stolen everything he possessed , and
tbat be had nothing left to live on , and consequently asking for alms . The King , it is a well-known fact , lent bim more than once , 100 drachmas at a time . Tou may judge , therefore , of the crystals and bronzes there must have been to break in bis miserable dwelling , " As to his daughters , the applicant said he had three daughters , the eldest of whom was married with his full consent , and the youngest , who waa thirteen years of age , wat still living nnder the parental roof . "With regard to the second , to whom the libel was supposed to refer , she had been married to an officer named Lante . Mr . Pacifico , being a Jew , had objected to that marriage on the ground of Captain Lante ' s religion , and his daughter had been married without his consent , * but as
to her running away , or taking away with her any part of her father ' s property , there was no pretence whatever for the charge . Nor was there any pretence fer the imputation that Mr . Pacifico bad ever made the representation alleged . Now , there were three libellous charges made in the article which he had brought before the court . First , there was a charge of fraudulent bankruptcy at Constantinople , which the applicant swore was entirely false . Lord _Campbbll said , the only difficulty he felt was that wbich arose from tbe lapse of time . The libel was published on the 13 th of March , and this was November . He ( Lord Campbell ) would be glad if the learned Solicitor-General would read that part of the affidavit which explained the delay , The Solicitor-General then read Borne passages
from the applicant s affidavit , stating that on the 17 th of January , 1850 , being apprehensive of damage to his person , he had embarked on board the Caledonia witb bis family , and lay for eleven weeks off the coast , where he was at the time the libel was published ; that on his arrival in the island of Malta he was seized with cholera , and was detained there for several months ; that though while there he had received information from some of Mb friends that some libellous publication had appeared , he did not see the libel in question till he arrived at Southampton , on the 5 th of August . The libel was set out in the affidavit , and a paper was annexed whioh showed that it was first published in the Morning Herald . Lord _Cahfbsll said the learned Solicitor-General might take a rule .
Court Of Exchequer. Breach Op Promise—Sh...
COURT OF EXCHEQUER . BREACH OP PROMISE—SHERLOCK V . ATW 00 D . This was an action for breach of promise of marriage . The defendant pleaded , first , that he did not promise ; second , that at the time of the promise the plaintiff was of unchaste , immoral , and improper character , of which he , the defendant , was unaware ; third , that the defendant was an infant at the time of the promise . Mr . Sergeant Allen and 3 Ir . Lush for the plaintiff ; Mr . Humfrey , Q _. C . / and Mr . Field for the defendant . —Miss Philips stated . that the plaintiff had been brought up from childhood by witness ' s aunt , Mrs . Philips , who resided at Putney . In 1848 , plaintiff went to reside with a Mrs . Edwards . She left that lady in December ,
1848 , and came again to resi de with witness ' s aunt . While with Mrs . Edwards , plaintiff made the acquaintance of defendant . He continued to visit her after she returned to Mrs . Philips . He told witness that his intentions were pure and honourable , and that he visited Miss Sherlock as his intended bride . He was then living witb his father , a large market-gardener . He said he expected to obtain a place in the Post-office , and he should be able to keep her well . He did obtain an appointment in June last . It was £ 70 tbe first year , and to increase afterwards . He used to come every day , and more than once a day , and spend the whole of his evenings with the plaintiff at Mrs . _Philips ' s . He was then not _ouite twenty-one . He came of age on the
1 st ef July , 1849 . Ho said on that day he would marry her on the day following . Before the 1 st of July witness observed that Ann Sherlock was in the family way . "Witness spoke to defendant on the subject . He said he intended to marry her as soon as he could , and when he had takeri her to church no one would be able to throw a slur on her character . He told Mr . Philips that he sincerely refretted that plaintiff should be in the family way efore he had made her his wife . He took a house in Portland-place , "Wandsworth-road . It was taken in Mrs . Philips ' s name , and she was to live with them at first . The agreement was signed on the 2 nd of July . Mrs . Philips and the plaintiff went to the 7 th defen
reside in the house on the 5 th . On - dant called on witness . He seemed in great excitement , and said his father deolared he would disinherit him if he married the plaintiff . Witness afterwards met defendant at Mr . Philips s , by appointment ; he appeared bo affected that he could say nothing . The plaintiff was there . She was lying down almost senseless . He then refused to marry her , on the ground that his father would not consent . He mentioned no other ground whatever . Plaintiff was afterwards confined in October . Cross-examined : About three months after the birth of the child plaintiff bwow it against the defendant , and obtained half-a-crown a week- Plaintiff W B 9 f _eigbtees _, _jftftrg _gh _© UT _# _W _& K »>
Court Of Exchequer. Breach Op Promise—Sh...
Edwards she lived with a Mrs . Collett .. My SW * . mrs . Philips , is not married . Sho has a daughter" ; tne daughter bas been married about three months . She has no child , but she bad one who died three years ago . Plaintiff ' s father is a gardener at Putn am not aware that her father has ' been in gaol for felony . I do _rssnember something about removing tome lead , but whether he was in gaol or not , I don't know . Re-examined : I had opportunities of observing the conduct of tbe plaintiff , arid it was never immoral or improper . I don't believe she ever had acquaintance with any other man but the defendant . —Mrs . Anne Edwards : Was no relation of the Mrs . Edwards with whom the plaintiff
lived . Knew the plaintiff from her childhood up to three or four years ago . Her conduct was always correct . Since that time she bad no opportunity of jud ging of it . —Elizabeth Cotton proved thatthe defendant took her house of her in tbe name of Mrs . Philips , saying that he was about to be married ; that his father objected ; but he had a good situation in the Post-office , and had a right to do as he pleased . —Mr . Humfrey then addressed the jury for the defendant . He said that he could not deny that the defendant had made the promise ; nor could he deny that be was of age when he did so . Nor could he say that the young man was unacquainted with the immoral conduct of the plaintiff at the time he made the promise ; indeed so infatuated was he ,
that . be believed he would have married the plaintiff , notwithstanding her character , if his family had not interfered . He was , however , entrapped into this engagement , and his friends had only done their duty in saving him from an abandoned strumpet . He was prepared to prove that the plaintiff was such . He called upon the jury to look at the school in whichthe plaintiff had been brought up ; the companion of Mrs . Philips , who had a natural daughter , whieh had a natural child ; then the companion of Mrs . Edwards , who he should show waB a kept woman ; but bad as Mrs . Edwards was , sbe did not corrupt the plaintiff , for he should prove that she came already corrupted to her house . Before she resided with her she lived with a Mrs . Collett . While
with her he should call witnesses tP prove that her character was of a most abandoned kind—that she swore , drank , and smoked , and was unchaste . At Mrs . Edwards ' s the defendant became acquainted with her . ; He should have to prove things respecting plaintiff too vile for him to repeat—they must be heard from the witnesses themselves . He should prove that tbe plaintiff , when she swore the child against the defendant , fold another mail that her attorney had said she was a fool not to fix him as the father , as she then would have made a better thing of it . —Mary Wood stated that she was formerly in the service of Mrs . Collett at Hammersmith ; the plaintiff was there at the time ; the plaintiff slept with another servant named Alice
Morgan , Witness found one morning a young man in their bed-room ; sbe did not tell her mistress ' of it . —George Strudwick , tho young man referred to by the last witness , stated that he went to their bed-room by the invitation of Alice Morgan and the plaintiff . Was intimate on tbat ocoasion with Alice Morgan , but not with Sherlock . Had seen the plaintiff in the company of prostitutes . Had seen her with a cigar in her mouth . Had seen her drunk . — William Smith stated that he accompanied the defendant to Mrs . Edwards's house . He slept with Mrs . Edwards , and the defendant with the plaintiff . —Other witnesses proved acts of gross * indecency
committed or allowed towards herself by the plaintiff ; but not actual unchastity . —Mr . Sergeant Allen was about to address the jury in reply , when Mr . Baron Martin interruped the learned counsel by asking bim whether be thought he could poseibly convince the jury that they should give the plaintiff more than nominal damages 1 But as tbe jury after some time did not appear to have agreed , the case was postponed . —Thia case was again called on on Tuesday , when Mr . Sergeant Allen strongly commented on the evidence produced by the defendant . —Mr . Baron Martin having left the case to the jury tbat body consulted for nearl y four hours , and then returned a verdict for the plaintiff , damages £ 10 .
THE NATIONAL LAND COMPANY . O ' CONNOR , U . F ., V . BRAOSHAW . This was a rule for a new trial on the ground of misdirection which had been obtained on the part of the plaintiff by Mr . Sergeant Wilkins . It may be remembered that this was an action for libel , in which the plaintiff complained that the defendant , who was the publisher of a Nottingham journal , had , in a certain handbill regarding the contents of a forthcoming number , charged the plaintiff with dishonest conduct , with reference to the National Land Company . The defendant pleaded " Not Guilty , " and a justification , and at the trial before Sir F . Pollock , C . B ., which lasted three dayB , the jury found for the plaintiff on the first issue , and
for the second , on the plea of justification , accompanied , however , by an emphatic declaration that , in tbeir opinion , the character of Mr . O'Connor was entirely free from any imputation of personal dishonour . In the course of the summing up the learned Chief Baron asked the jury to put their own construction on the libel , which he said might impute personal or political dishonesty , and he laid it down as his opinion that the National Land Company was illegal , either at being _an-infringement of the Lottery Act , or the Banking Act , He also left it to them to say whether the defendant in issuing the libel was animated by a bona fid * belief that Mr . O'Connor was seeking to turn the Company to his own political or personal advantage , and he
further remarked that , in his view of that Company , the subscribers could not have any redress , either at law or equity , against Mr . O'Connor , for the recovery oftheir subscriptions , while , in the event of his bankruptcy , all their deposits would pass to bis assignees . On these points it was felt by the plaintiff tbat the direction of the learned judge was erroneous , and this rule having been granted generally , on the ground of misdirection . Mr . _RoBBtrcK , Mr , Heating , and Mr . _Baglii , now showed cause . They contended that the scheme of the National Land Company was essentially a lottery , in which though some subscribers obtained prizes , it was notorious to every
reasonable man that the majority would lose their subscriptions and get nothing , for the whole scheme , as put forward by the plaintiff , would require £ 21 , 000 , 000 of capital to carry it out , and at least 150 years would be consumed before all the 70 , 000 subscribers could by possibility obtain locations . This certainty of loss to some , and the vicious gambling hope held out to all of success , reduced the scheme to a sheer illegal lottery , and fully justified the Chief Baron in directing the jury plainly that it was an illegal company within the 42 nd George III ., c . 119 , and the rarious other statutes on that subject . They also argued that the direotion was correct on all the other points to which the rule was pointed .
Mr . _Atbkrton ( in the absence ot Mr . Sergeant Wilkins ) and Mr . Prentice were heard at great length in support of the rule . They complained of the manner in which tho defendant ' s counsel commented on the points of misdirection which had been mentioned to the court . However , there were many other more material matters to which the attention of the learned baron had not been at all directed . The plaintiff did not wish to seleot any number of phraaes . or passages in the learned judge ' s summing up , or find fault witb certain expressions selected , but what he complained of was that the jury had been misled by a substantial misdirection , and that the result was a verdict which was utterly unintelligible . There was no other way to account for the
finding of the jury except that they were influenced and controlled by his lordship's opinions . They were told it was their duty to determine whether tho plaintiff acted with bona fides with reference to the Land Schome , and if so , then whether the defendant bad written the strictures complained of bonafi . de , and in fact they were directed to consider whether the plea of justification was made out , and to put their own construction on some of its most important terms . The verdict affirmed that the statements in the libel were true , but to show what was passing in the minds of the jury and tbeir opinion that the plaintiff had acted bona fide , they accompanied their verdict with the expression of their unanimous opinion to that effect .
Sir F . Pollock , C . B . —There is a wide difference between a paper of that sort and the solemn finding of the jury . The one was an act done under the obligation of their oaths , but the court knew nothing of the other , or under what arrangements it had been made . It was no judicial act . The verdict was upon oath delivered in the discharge of a public duty . That pieee of paper referred to ( I don't mean it offensively ) was a piece of impertinence not belonging to the jury . ' Mr . Baron Pabke , —It is certainly very ambiguous . Mr . Baron Alderson . —I don't myself understand what "honesty" quo ad hoe means ; __ it requires a very nice distinction to comprehend it . Mr . Baron Plait . —The expression of the opinion of the jury accompanying their verdict might enlighten the court as to its _satisfactoriness . Mr . Athboton said that under the circumstances the verdict was utterly unintelligible . The only
way to account for it was , that the jury had been misled b y the learned judge . Whatever might be said of the exoression of the jury ' s opinion ofthe plaintiff's character , it might , with advantage to hira , be placed against the invectives indulged in that day hy the defendant ' s counsel—invectives which he ( Mr . Atherton ) was happy to say very seldom found thoir way into _disoussiona of _caBes in the new trial paper . The learned counsel then proceeded to distinguish the Land Company ' s plan from the ArtB Union , and other lotteries , and contended that it did not come within the prohibito ry statutes . Mr . Baron Parke said the verdict clearly meant that Mr . O'Connor was not guilty of . the dishonesty of putting any of the fund , sub scribed into his own pocket , but ths * he was guilty of political dishonesty . It appear ** . o him that the summing up of the learned judge w _« unobjectionable . Mr . Baron _ALDBRsoN . _rrWh at the jury said was thJjh- _^ _fo bJ _» eBeraic 9 _& d _« 9 V _^> 9 . _CoDa ° r _^ A ° t
Court Of Exchequer. Breach Op Promise—Sh...
I dishonest ; but in this _particular , transaction _hn - - _" -- ? the law _jreuld oall _crassa _,- _™ : wasgumyoi _wiw-- ; - - ••¦ . _* .. _' " v- •*• _-.- r -r _^ ffS ' . _$ _?«¦ . _yyttia . In other words , " he i _» a very _reapeotst !? man _W *<¦• til . uk ' he is a political impostor—( _laughter)—iPd "aot yery honest iri this transac-After _somelfurthor disou _^ O th _» oase was deferred .
Cardinal Wiseman's Manifesto. A Manifest...
CARDINAL WISEMAN'S MANIFESTO . A manifesto has been published which may be said to contain the motives that induced the sovereign pontiff to attempt the establishment of the Catholic hierarohy in England . The manifesto 18 very lengthy , and _ocoupies nearly seven columns of the Times , from which we make the following extracts .. Having given a history of Catholicism in England since 1623 , it states that the Catholic churoh in England had so much expanded and consolidated itself , since the Emancipation Aot , and its parts had so matured their mutual relations , that it could not be carried on without a full and explicit code . The bishops , it was urged , found themselves
perplexed , and their situation full of difficulty ; as they earnestly deBired to be guarded from arbitrary decisions , by fixed rules , and yet bad none provided for them . The uncertainty , also , of position on the part of the clergy , wbich resulted from this anomalous state , made it still more painful _. Such was the case submitted to the judgment of the Holy See , fully illustrated with practical applications . A remedy was therefore prayed for , and it was suggested that it could only be in one of the two following forms : — Either the Holy Seo must issue another and full constitution , whioh would supply all wants , but whioh would be necessarily complicated and voluminous , and , as a special provision , would necessarily be temporary . . Or the real and complete code ofthe church must be at once extended to the Catholic church in England , so far as compatible with its social position :
and this provision would be final . But , in order to adopt this second and more natural expedient , one condition was necessary , and that was—The Catholics must have a hierarchy . The canon law is inapplicable under vicars-apostolic ; and , besides , many points would have to be _synodioally adjusted , and without a metropolitan and _Buffragans , a provincial synod was out ofthe question . Suoh was the main and solid ground on whicb the hierarchy was humbly solicited by Catholics from the Holy See . It was one that referred to their own internal organisation exclusively . Thoughts of aggression never entered the beads of the petitioners or of the petitioned ; nor were the bishops moved by stupid ideas of rivalry with the established church , in what forms its weakness , nor any absurd defiance of national prejudices . They knew that they violated no law in asking for what was needfal for their religious existence , and they acted on an acknowledged right of liberty of conscience .
The ground of the pleading waB the absolute necessity of the hierarchy for domestic organisation and good gorernment . The Holy See kindly listened to the petition , and referred it to the Sacred Congregation of the Propaganda , After a full discussion , and further reply to objections , the boon was granted . The vicars-apostolic were desired to suggest the best divisions for new dioceses , and the best places for the titles . These were adjusted , the brief was drawn up , and even printed . Some difficulties arose about a practical point , and publication was delayed . * In 1848 , another bishop , Dr . Ullathorne , was deputed to Home , to remove them , and the measure was again prepared , when the Eoman revolution suspended its final conclusion till now .
AU this time there was no concealment , co attempt to take people by surprise . All Catholics knew of the intended measure ; the papers announced it ; so notorious waB it , that the Dean and Chapter of Westminster petitioned parliament against it ; and a friend of the writer ' s heard the Dean of Westminster say , most openly , " Well , he may call himself what he pleases , but at least he can never he Dean of Westminster . " In Battersby ' s Irish Directory for 1848 , the writer was named , "Most Rev . N . Wiseman , Archbishop of Westminster . " He can add , that many letters came to him so addressed . Then , why is this very set , Which was openly spoken of , and hardly attracted attention , three years of ago , now denounced so furiously , and characterised so foully ? Having exculpated the Pope , by taking the responsibility of the measure upon himself , the Cardinal says : — " It may be useless at this moment to
stem the current of vulgar and ribald abuse that is poured out against bis sacred person , and encouraged by those whose mission , if they hare one , should be of peace . Time will disperse the mist , and show the transaction in its true light . In . the meantime , the writer ofthe these pages ( and he is sure he is not alone ) deolares himself ready to stand between the Pontiff and the vituperation cast upon bis aot , believing it to bave been most just , most expedient , nay , little less than necessary , for the well being of the Catholic Church in England . And yet , for Englishmen , it ought to have been sufficient to say , * It is strictly within the law . *" Carnidal Wiseman then proceeds to rebuke the First Lord of the Treasury for his letter , and the Lord Chancellor , for his after-dinner speech at the Mansion House , and appeals to the manly sense and honest hearts of the English people , for a fair , free , and impartial bearing on behalf of himself and fellow Catholiis . He then proceeds to examine
What was the extent of religious toleration granted to Catholics ? Have they a right to possess Bishops or a Hierarchy 1 Having discussed the Catholic Emancipation Act , the Cardinal draws the following conclusions : — First , that CatholioB , by law , had a right to be governed by bishops . Secondly , that no law or authority bound them to be for ever governed by vicars-apostolic , and that they were at liberty to have a hierarchy , that is , an arohbishop and bishops with local titles , or titleB from places in tbe country . Thirdly , that accordingly sucb titles are not against any law , so long as they are not the actual
titles held by the Anglican hierarchy . Fourthly , that all these conditions having been exactly observed in the late erection ofthe Catholic hierarchy , this is perfectly legal , perfectly lawful , and unassailable by any present law . Then why all the clamour that has been raised " On what ground does the attack made upon us rest ? Why have we been denounced—why held up to public hatred ? Why pointed out to public fury ? I have not seen one paper which , during the violenoe of the storm , thought it worth wbile to l _*) ok into the question of law , and calmly inquire" Have the Catholics violated , or gone beyond , the law ofthe land ? If not , why should they be thus so _perseveringly abused ? " '
The appointment of a Catholic Hierarchy does not in any way deprive the English establishment of a single advantage whioh it now possesses , Its bishops retain , and , for anything that tho new bishops will do , may retain for ever their titles , their rank , their social position , their pre-eminence , their domestic comforts , their palaces , their lands , their incomes , without diminution or alteration . Whatever satisfaction it has be en to you till now to see them so elevated above their Catholic rivals , and to have their wants so amply provided for , you will still enjoy as much as hitherto . And tho same is to be said -of the second order of clergy : not an archdeaconry , or deanery , or canonry , or benefice , or living will be taken from them or claimed by the Catholic priesthood . Tho outward aspects of the two churches will be the same .
How eould Catholics obtain their _IRerarchy ? We have teen that , not only we possess a full right by law to be governed by bishops , but that we have an equal right to be governed by them according to the proper and perfect form of episcopal government , that is , by bishops in ordinary having their sees and titles in the country _. If we have a perfect right to all this , we have no less a perfect right to employ the only means by which to obtain it . We have seen that Catholics are allowed by law to maintain the Pope ' s supremacy in ecclesiastical and religious matters , and one point of that
supremacy is that ho alone can constitute a hierarcny or appoint bishops . Throughout the Catholic world this ia tbe same . Even where the civic power , by an arrangement with the Pope , names , that is proposes , a person to be a bishop , he cannot be consecrated without the Pope ' s confirmation or acceptance ; and if consecrated already , he can have no power to perform any functions of his office without the same sanction . If , therefore , the Catholics of this country were ever to have a hierarohy at all / it could only be through the Pope . He alone could grant it .
Has the Mode of Establishing ihe IRerarchy been Insolent and Insidious f " The words in this title are extracted from the too memorable letter ofthe First Lord ofthe Treasury . 1 am willing to consider that production as a private act , and not as any manifesto of the intentions of her Majesty's Government . ****** : * * So little was I , on my part , aware that such feelings as that letter disclosed existed in the head of our Government on the subject of the Hierarchy , that having occasion to write to his lordship on some business , I took tho . liberty of continuing my letter as follows : — "Vienna , Nov . 3 . "My Lord ,- '
"I cannot but most deeply regret tbe erroneous and even distorted view which the English papers have presented of what the Holy See has done in regard to the spiritual government of the Catholics Of Engl _^ j but I _foltt tbe liberty of stating tbat
Cardinal Wiseman's Manifesto. A Manifest...
| the measure now promulgated was not _onlypre--t r _SJ'd but _printed three years ago , and a copy o £ ! It WAS shown to Lord Minto b y the Pope on occasion of ail nudienc _* * ? iven t 0 his -lordship by hisrr Holiness , f I havo no r _/ j bt to intrude upon yourlordshi p further in tbis m ak' , p -beyond offering to > . to give any explanation * | J » i ' » v ur IP _» dship in _^ Wire , m full confidence tbat it will be _i ? _« _-y power ¦ to remove particularly the offensive interpreiition , put upon the late act of the Holy See , that it was _sugeested by political views or by any hostile "And with _regard to myself , I beg to add that I am invested with a purely ecclesiastical dignity ; that I have no secular or temporal delegation _whaterer—that my duties will be . what thev have ever
been , to promote the morality of those committed tomychavgo , especially the masses of our poor , and keep up those feelings of goodwill and friendly intercommunion between Catholios and their fellow countrymen , which I flatter myself I have been the means of somewhat improving . I am confident that time will soon show , what a temporary excitement may conceal , that social and public advantages must _rssult from taking the Catholics of England out of that irregular and necessarily temporary state of Government in whioh thoy have been placed , and extending to them that ordinary and
more definite form whicb is normal to their church , and which has already been so beneficially bestowed upon almost erery colony of the British empire . " I beg to apologise for intruding at such length upon your lordship ' s attention ; but I have been encouraged to do so by the uniform kindness and courtesy which I have always met with from every member of her Majesty ' s Government with whom I have have had occasion to treat , and from your lordship in particular , and by a sincere desire that such friendly communication should not be interrupted .
¦• I have the honour tobe , my lord , your lordship ' s obedient servant , " N . Card . Wiseman . " The Right Hon . the Lord John Russell , First Lord ofthe Treasury , < fco . " The Cardinal tben proceeded to show that no reasonable objection could exist to the organisation of a Catholio Hierarohy in England , on the ground that it had been recognised and even royally honoured in Ireland , and that Australia and our North American possessions are divided into archiepiscopal and episcopal sees , by the authority of acts of thoir respective legislative assemblies . If , therefore , the Royal supremacy of the English Crown could thus lawfully exercise itself where
it never has before exercised authority , and where it is not recognised , as in a Catholic country—if the * Queen , as head of tho English church , can send bishops into Abyssinia and Italy , surely Catholics had good ri g ht to suppose that , with the full toleration granted them , and the permitted exercise of Papal supremacy in their behalf , no less would be permitted to them without censure or rebuke . . In 1841 , or 1842 , when for the first time the Holy See thought of erecting a hierarchy in North America , I was commissioned to sound the feelings of Government on the subject . I came up to London for the purpose , and saw the Under-Secretary for the Colonies , of which Lord Stanley was the secretary . I shall not easily forget the urbanity of my reception , or the interesting conversation that took place , in which much was spoken to me which
has since come literally true . But on the subject of my mission the answer given was somewhat to this effect : — - 'What does it matter to us what you call yourselves , whether Yicars-Apostolic , or Bishops , or Muftis , or Imaums , so that you do not ask us to do anything for you ? We have no right to prevent you taking any title among yourselves . " This , however , the distinguished gentleman alluded to observed was bis private opinion , and he desired me to call in a few days after . I did so , and he assured me , that having laid the matter before the head of the department , the answer was the same as he had before given me . I wrote it to Rome , and it served , no doubt , as the basis of the nomination of bishops in ordinary in North America . I have no doubt the doouments refer _, ring to tbis transaction will be found in the Colonial-office .
Tht Title of Westminster . The selection of this title for the metropolitan see of the new Hierarchy has , I understand , given great offence . I am sorry for it . j ; It was little less than the necessity which led to its adoption . I must observe , that according to tbe discipline of the Catholic church , a bishop ' s title must be from a town or city . Originally almost every village or small town had its bishop , as appears from tha history of tho African ehureb . But a town or city a bishopric must still be ; a " territorial" title is never given . Thus in Tan Diemen ' s Land , while the Anglican bishop takes his title of Tasmania from the territory , tbe Catbolio derives bis of Hobart Town from the town . In re-establishing a Catholic Hierarchy in England , it was natural and decorous
that its metropolitan should have his see at the capital . This has been the rule at all times * , though of course those capitals may decay into provincial town 3 without losing their privilege . The very term metropolitan signifies the bishop of the metropolis . This being the principle _orhasis of every Hierarchy , how was it to be acted on here ? London was a title inhabited by law ; Southwark was to form a separate see . To have taken the title of a subordinate portion of what forms tho great oongolmerate of London , as Finsbury , or Islington , would have been to cast ridicule and open the door for jeers upon the new episcopate . Besides , none of these are towns norlcities . Westminster naturally suggested itself , as a city
unoccupied by any Anglican see , and giving an honourable and well known metropolitan title . It was consequently selected , and I can sincerely say , that I had no part whatever in tbe selection . But I rejoiced that it was chosen , not because it was the seat of the courts of law or of Parliament , or for any such purpose , but because it brings the real point more dearly and strikingly before our opponents ; "Have we in anything acted contrary to law ? And if not , why are we to be blamed 1 " But I am glad , also , for another reason . The Chapter of Westminster has been the first to protest against tbe new archiepiscopal title , as though some practical attempt at jurisdiction within the Abbey was intended . Then let me give them
assurance on tbat point , and let us come to a fair decision and a good understanding , The diocese , indeed , of Westminster embraces a large district , but Westminster proper consists of two very different parts . One comprises the stately Abbey , with its adjacent palaces and its Royal parks . To this portion tho duties and occupation of the Dean and Chapter are mainly confined ; and they shall range there undisturbed . To the venerable old church I may repair , as I have been wont to do . But perhaps the Dean and Chapter are not aware that , were I disposed to claim more than the right to tread the Catholio pavement of that noble building and breathe its air of ancient con * _seoration , another might step in with a prior claim . For successive generations there has existed ever , in the Benedictine order , an Abbot of Westminster * tho representative , in religious dignity , of those
who erected and beautified and governed that church and cloister . Have they ever been disturbed by this " titular 1 " Hare tbey heard of any claim or protest on his part touching their temporalities ! Then let them fear . no greater aggression now . Like him , I may visit , as I have said , the old Abbey , and say my prayer by the shrine of good St , Edward , and meditate on the olden times , when the church filled without a coronation , and multitudes hourly worshipped without a service . But in their temporal rights or their quiet possession of any dignity or title they will not suffer . Whenever I go in I will pay my entrance fee , like other liege subjects , and resign myself meekly to the guidance of the beadle , and listen without rebuke when he points out to my admiration detestable monuments , or shows me a hole in the wall for a confessional .
Tet this splendid monument , its treasures of art , and its fitting endowments , form not the part of Westminister which will concern me . For there ia another part which stands in frightful contrast , though in immediate contact , with this magnificence . In ancient times the existence of an abbey on any spot , with a largo staff of clergy and ample revenues , would havo sufficed to create around it a little paradise of comfort , cheerfulness , and ease . This however , is not now the case . Close under the abbey of Westminister there lia concealed labyrinths of lanes and courts , and alleys and slums , nests of ignorance , vioe , depravity , and
crime , as well as of squalor , wretchedness , and disease ; whose atmosphere is typhus , whose ventilation is cholera ; in which swarms a huge and almost countless population , in great measure nominally at least , Catholic ; haunts of filth whicli no sewage committee can reaoh—dark corners which no lighting board can brighten . This is tho part of _Westminister which alone I covet , and which I shall be glad to claim and to visit as a blessed pasture in which sheep of holy church aro to bo tended , in whioh a bis hop ' s godly work has to be done , of consoling , converting , and preserving * . And if , as I humbly trust in God , it shall bo seen that this special culture , arising from theestablish-
T 1 Hare »Ctu Told That Great Offence H»...
t 1 hare » ctu told that great offence h »» b _» en taken as tho _ufse of the word to ' _ROTern' found in my lasloml , _nX though implying _eoino ten . _porol _»^ ° _»* - ™ h _™ : _$ _^» _fesR _$ 2 _££ _WSKoH _^ faithful , j _"tach _showed » o te been Jn ! he nf _% _Sri _« _Z «« ral Pastorals a-year to the _Cathoiw of _ritewW' r _' _torgi _nHchhMalwajsbten read ia Domm _^ " _eJM Su But this is , I believo , the first _Xc h ? hfpre « n 7 d one me honour of transferring to ite Smb . It thus came to be represented as addressed to « ll the inhabitants of certain counties , a sort of edict or manifesto , instead of a pastoral , usually confined t * Ca tholic hearing ex _perwah
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Citation
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Northern Star (1837-1852), Nov. 23, 1850, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/ns3_23111850/page/7/
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