Imágenes de páginas
PDF
EPUB

Some benevolent Ladies of distinction have formed a plan for supplying the Peasantry of Ireland with articles of clothing, and for co-operating with and exciting similar benevolent exertions in that country. Such is their deplorable condition that the Committee have reason to believe numbers of those unfortunate creatures have been obliged to sell their clothing to provide food, and that they will be destitute of necessary clothing in the ensuing winter. This mode of relief has been suggested to the Committee, and they very earnestly recommend it to the consideration and good feelings of the Ladies of the United Kingdom.

sure of receiving your Grace's letter in-. closing a letter from the Liverpool Committee with a donation of 50%. for the relief of our starving neighbours. It was very kind and good, but it will not do; effectual relief has not been in time; public works and universal employment have been too long delayed: one poor creature who was employed by me last week to amuse, but not to fatigue himself, at the repairing of roads, was at work on Saturday evening; fasted, I am afraid, yesterday (Sunday); got up this morning (Monday) to work, not from bed, (for bed he had noue,) but from the ground, on which he slept without bed-clothes in his daily rags: he said he felt languid and sleepy, he was in fact getting worse: he lay down again on the ground and 'died!!! Four died in Boffin, and, if swelled limbs, pale looks, sunken cheeks and hollow eyes, are the harbingers of death, the work of death will be soon very rapid in this country. I often saw scarcity and dearness of provisions, but I never had an idea of famine until now. Next year will be in all probability as bad as this; the poor people of this barony at least will find it so; they are so weak 'that they cannot work for themselves, because they have no food; they are not able to re-cover or re-mould their potatoes, Be pleased to direct to this Committee as and they do not think of cutting turf. As to the public works and general em

Other Ladies have become the receivers of the small donations of the circle in which they reside, and by attention to encourage the humble yet warm benevo lence of the more favoured though still humble classes of society-always forward to do good according to their ability— have been the means of collecting sums which in the aggregate have aided the funds of the Committee, and gratified it with the means of rendering more decisive benefit to the sadly suffering Peasantry of the Sister Kingdom.

under.

MICHAEL WILLIAM TROY.
Honorary Secretary.

Relief of the Distressed Irish.

To FRANCIS FREELING, Esq.
General Post Office,

London.

ployment of the poor of this country, I On the Business of the Committee for the fear it is almost too late; a few days more will incapacitate them from any thing of the kind. I dismissed this evening 300 men whom I had employed in the repairs 'of roads; I never witnessed such distress 'as my communication of not being able to give them another day's work occasioned; they said, that a day or two more without employment, that is, without food, would put an end to all their labours.

Having thus extracted from the corre'spondence specimens of the relations with which the Committee are daily oppressed, and which they have to compare, and between which they have also to decide for 'the equitable distribution of the relief which they have (they wish they could say the mimixed gratification) to divide among the miserable, they are compelled strenuously to urge upon the ministers of religion-upon all congregations assem bled for the worship of the Most High "GOD-upon those whom he has blessed with the means-that they be liberal, prompt, solicitous with others, now, while life yet exists, to bestow that which in a short time it will be too late to give for the rescue of the unhappy sufferers from death!

LAW REPORT.

Court of Chancery, Lincoln's Inn,
March 26.
Lawrence's Lectures on Physiology,
Zoology, and the Natural History
of Man.

LAWRENCE v. SMITII.
(Concluded from p. 318.)

Mr. Wetherell to-day replied to the arguments of the plaintiff's counsel. He had little more to say in addition to what he had already urged to the Court. Mr. Lawrence had asserted the materiality of the soul for the purpose of denying its immortality. He did not content himself with stating certain premises, and leaving it to his readers to draw their inference from them; he had deduced his own conclusion with mathematical precision, and asserted it as a matter beyond all conjecture. He had said that the mind kept equal progress with the body; like it, it was feeble in childhood, gained

Intelligence-Law Report: Lawrence v. Smith,

strength with puberty, declined in old age, and was annihilated in death. This was not a work containing the doubts of a sceptic, but asserting that of which it said there was no doubt. It stated, that unless you were prepared to admit that an immaterial principle existed in the whole class of animals, down to the animalcule, you could not ascribe it to man. He did not go on to inform his pupils, that although zoological reasoning did not enable them to ascertain this principle, yet they might learn from revelation what it was impossible for the imperfection of human science to discover. Had the book made such a reservation in fayour of the doctrines disclosed in Scripture, then, indeed, it might be said to contain what had been called by his learned friend Mr. Shadwell, the antidote to the poison But that was not the case. He denied the authenticity of Scripture, and scoffed at religiou, rather than made a reservation in its favour; abstaining from any where stating that that which was inconsistent with zoological reasoning, existed, nevertheless, the ologically. Mr. Shadwell had quoted a passage from p. 7, which he (Mr. Wetherell) had abstained from reading in his opening of the case out of delicacy to Mr. Lawrence; as he thought it was sufficient to charge him with what he had directly asserted, without alluding to that which bore a doubtful construction. But since Mr. Shadwell had used the passage for the purpose of shewing that it contained a corrective to the offensive passages, he (Mr. Wetherell) should be allowed to use it also. [The learned counsel then read the passage alluded to, which spoke of the theological doctrine of the immortality of the soul as depending upon a different authority from that of natural reason, and calling it a sublime doctrine; and one, the introduction of which, as it had existed in all ages, and amongst all nations, &c., was not suited to that place.] He coutended that this passage was not meant to create respect towards the authority of revelation. The word "sublime" seemed rather to be used in a sense of ridicule than other wise, for it was put in antithesis with the powers of the anatomist and the physiologist, by which the immaterial being could not be discovered, and that therefore the doctrine was too sublime to be true. Its introduction not being "suited to that place," namely, the theatre of the College of Surgeons, seemed also to be meant as a sneer. He should have gone on to state, that "what we cannot demonstrate is made clear by divine revelation." He did not do so; but rather put the Bible on the shelf altogether; and therefore the passage contained none

387

of the antidote ascribed to it by Mr. Shadwell. And then as to the passage in which he denied the truth of the deluge, and the peopling of the earth by the descendants of Adam and Eve as being zoologically impossible; there, also, he refrained from stating that it might have taken place by miraculous interposition of the Deity. There was also another passage in the work which he (Mr. Wetherell) was compelled to say, so far from its reserving a saving to revelation, was intended to revile religion. It spoke of the peculiar virulence of religious controyersy as being proverbial, and said the odium theologicum was a fiend that should not be suffered to intrude into the fair garden of science. Now, although the words odium theologicum might, taken abstractedly, be said to apply to the controversy, yet, when coupled with what went before and what followed, it was pretty, evident that they were intended to apply to the dogmas themselves, as constituting the ugly fiend whose admission would deface the beautiful parterres of the modern garden of science. The passage that followed, also, in which Churchmen were railed at for the abusive epithets they were in the habit of pouring forth upon their controversial antagonists, when placed in contact with what went before and came after it, particularly when contrasted with the term "sublime," shewed what sort of corrective was intended for those parts of the work which impugned the doctrines coutaiued in revelation. Mr. Shadwell had quoted passages from the works of a long list of eminent divines. He (Mr. Wetherell) was not a little astonished to hear the names of Butler, Locke, Paley, Warburton and others, cited in support of the doctrines contained in this work. There certainly might be some terms in the holy writings which had engaged the attention of great and learned men, as throwing some doubt upon the state of existence in the intervening period between the death of a body and its resurrection; but they had never said that it was therefore to be inferred that the annihilation of the soul took place with that of the body. The term ekoimethesan, as used by St. Paul, Mr. Wetherell contended, had not the meaning imputed to it by Mr. Shadwell. It was used in a neuter, not a positive sense, and did not imply the extinction of the soul, but was meant to express the intermediate state, whatever that state might be. So the word psyche, which was used in the Septuagint, as occurring in the book of Genesis, did not, merely because it had a comprehensive sense, therefore imply an immaterial principle in the brutes and fishes, as well as in man. An allusion had been made

to Mr. Locke. He had amused himself with giving a definition of human ideas, and his work contained a passage in which it was said not be impossible for the Deity to have imparted to matter the property of thinking. But he had not asserted that doctrine in the sense in which it was used by the scoffers at religion; for he contended that the soul was immortal, and that we should be accountable hereafter for our actions in this life.

It therefore did not signify whether the soul was combined with matter or was an abstract essense of immateriality, since its future responsibility was admitted. But that was very different from the doctrine held forth in the school of Lincoln's-inn Fields. Mr. Locke not only allowed that the soul was immortal, but it was the object of every part of his book to establish its immortality. Mr. Wetherell then referred to Dr. Butler's analogy, which Mr. Shadwell had quoted; and said, that, so far from supporting his argument, he had contended that, putting religion out of the question, the strong preponderance of human reasoning was in favour of the soul's immortality; and that neither from the reason of the thing, nor the analogy of nature, could a conclusion be drawn that the soul was annihilated by death. He belonged to a class of writers who far excelled those of our modern school, and drew very different inferences from them: for this eminent writer says, that it is not even clear that immateriality does not exist in all animals. Dr. Paley's name had also been dragged in, in support of this doctrine, which gave him (Mr. Wetherell) considerable surprise; for, in his concluding chapter, he tells us not to bind ourselves by the analogy of nature; for in every object of nature there seems to be something ultra the ordinary powers and functions of nature itself, as it appears to us. But, taking the hypothesis one way or the other, all those great writers reserve the doctrine of revelation, except our modern sciolists, who would engross the garden of science, with all its flowers and walks and parterres, to themselves. He (Mr. Wetherell) expressed his regret at being obliged to make these observations; but unless this school of Infidelity was put down, the effect upon society would be most injurious.

The Lord Chancellor said that this case had been argued at the bar with great learning and with great ability. He would explain in a few words the principles on which his decision should be founded. On the observations which had been made upon the College of Surgeons, as the place in which these Lectures had been read, he would not touch; he would only treat the plaintiff as the

author of the work. This case had been introduced by a bill filed by Mr. Lawrence, in which he stated that he was the author of this book, which the defendant had also published; and that he was entitled to the protection of this Court, in the preservation of the profits resulting from its publication. Undoubtedly the jurisdiction of this Court was founded on this principle, that where the law will not afford a complete remedy to literary property when invaded, this Court will lend its assistance; because, where every publication is a distinct cause of action, and when several parties might publish the book, if a man were obliged to bring an action on each occasion, the remedy would be worse than the disease. But then this Court will only interfere where he can by law sustain an action for damages equal to the injury he has sustained. He might then come here to make his legal remedy more effectual. But if the case be one which it is not clear will sustain an action at law, then this Court will not give him the relief he seeks. The present case had been opened as an ordinary case of piracy, and he took it that nothing was then said by Mr. Wilbraham as to the general tenour of the work, or of particular passages in it. He (the Lord Chancellor) was bound to look, not only at its general tenour, but also at particular passages unconnected with its general tenour; for if there were any parts of it which denied the truth of Scripture, or which furnished a doubt as to whether a court of law would not decide that they had denied the truth of Scripture, he was bound to look at them, and decide accordingly. There was a peculiar circumstance attending this case, which was, that the defendant possessed no right to the work, but said to the plaintiff-"This book is so criminal in its nature as to deprive you of all protection at law against others and myself, and I will therefore publish it." Now he (the Lord Chancellor) knew it to be said, that in cases where the work contained criminal matter, by refusing the injunction, allowed the greater latitude for its dissemination. But his answer to that was, that this Court possessed no criminal jurisdiction. It could only look at the civil rights of the parties; and therefore, whether a different proceeding were hereafter instituted against the defendant, or the plaintiff, or both, was a circumstance with which he had nothing to do. The only question for him to determine was, whether it was so clear that the plaintiff possessed a civil right in this publication, as to leave no doubt upon his (the Lord Chancellor's) mind that it would support an action in a court of law. Now his Lordship had read the whole of this book

Intelligence.-Ecclesiastical Preferments.-Milbank Penitentiary. 389

with attention, and it certainly did raise such a doubt in his mind. It might probably be expected, that after the able and learned argument which had gone forth to the world upon a subject so materially affecting the happiness of mankind, he should state his answer to that argument; but if he left these parties to a court of law-and he should leave them to a court of law-his opinion might have the effect of prejudicing the question to be there determined. All he would say, therefore, was, that, entertaining a rational doubt upon some parts of the work, as to their being directed against the truth of Scripture, he would not continue this injunction; but the plaintiff might apply for another after he had cleared away that doubt in a court of law. Further than this, his Lordship would not interfere.Injunction dissolved.

BERESFORD, Archbishop of Dublin, advanced to the Primacy (Armagh).

The Right Rev. WILLIAM MAGEE, Bishop of Raphoe, to the Archbishopric of Dublin.

The Right Rev. NATHANIEL ALEXANDER, Bishop of Down and Connor, Archbishop of Cashel.

The Rev. Wм. BISSETT, Archdeacon of Ross, to be Bishop of Down and Connor.

Hon. and Rev. HUGH PERCY (one of the Prebendaries of Canterbury) to be Archdeacon of that Diocese.

The Rev. ASHHURST TURNER Gilbert, B. D., Vice-Principal of Brazennose College, has been elected Principal of that Society, vice Rev. Dr. Hodson, deceased.

Rev. ALEXANDER WEBSTER, to be second minister of the Scottish Church at Madras.

Dr. WILLIAM MUIR, of St. George's Church, Glasgow, appointed minister of the New Gray-Friars Church in Edinburgh.

Milbank Penitentiary,

OUR readers will sincerely participate with us in the victory of liberal feelings over a vulgar spirit of bigotry, in the question about the continuance of Mr. LAWRENCE in his honorary appointment From the Report of the Committee of of Surgeon to Bridewell and Bethlem the General Penitentiary at Milbank, just Hospitals. In the Annual election of printed, it appears that "the number of the present year a most extraordinary prisoners for whom provision has been attempt was made to declare Mr. Law-made in the Penitentiary, rather exceeds rence ineligible ; but Mr. Alderman WAITHMAN, in a most able speech, referred to the histories of philosophy and of religious intolerance, and demonstrated the disgrace that would attach to the body of Governors, if so narrow a spirit triumphed. On a division there were fifty-two against the motion, and only twenty-six in its favour, among whom we are deeply concerned at having to name the Duke of Sussex. To the honour of the profession no man of character could be prevailed on to place himself in the ignominious situation of being a candidate in opposition to Mr. Lawrence. At the election, on the following day, he was returned by a majority of seven to one, over two obscure persons who permitted their names to stand as candidates.-Monthly Mag.

Preparing for publication, Bibliotheca Biblica,-A Select, Descriptive Catalogue of the most important British and Foreign Works in the Department of Biblical Criticism and Interpretation; with brief Notices of their Authors, and Remarks on their Theological and Critical Merits. By William Orme, Author of Memoirs of the Life, Writings, &c. of John Owen, D. D.

Ecclesiastical Preferments.
THE most Rev. Lord JoHN GEORGE

the intended number of 1000 (600 males and 400 females) than falls short of it. There were, within its walls, on the 31st of December last, 708 convicts. The present number is 723: viz. 399 males, and 324 females." It appears further, that the total earnings for the year ending the 31st of December, amounted to £6031. 88. 6d., of which three-fourths, or £4538. 11s. 4d. remained to the establishment; that the expense amounted to £27,279. 128. 2d., and, after deducting stores on hand, to £20,679. 3s. 1d., and the net expense, after deducting the prisoners' earnings, to £16,140. 188. Id.

PARLIAMENTARY.

HOUSE OF LORDS, MAY 30.

Catholic Peers Bill.

THE Duke of PORTLAND wished to postpone the order for the second reading of this Bill, alleging the absence from indisposition and from a domestic calamity of the noble Earl (GREY) who was to have moved it; and other circumstances. As the postponement was indefinite, it is supposed that this was a virtual abandonment of the measure. The enemies of the measure (Lord ROLLE, the Duke of ATHOL and the Lord CHANCELLOR) insisted upon a day being fixed for the 2nd reading, and threatened that if the Bill

were not brought forward by its friends, they themselves would take the sense of the Lords upon it. In the end, the 21st inst. was appointed for the second reading.

June 21st, the Bill was lost (on the motion for second reading) by a majority of 42. (Particulars hereafter.)

Peterborough Questions.

THESE new tests of Church-of-England orthodoxy were again brought before the House of Lords, by petition, on June 7, when Lord DACRE and Lord HOLLAND

made each an admirable speech in favour of liberty of conscience. (This matter is not likely to rest, and therefore we hope to be able hereafter to register the entire debate.)

HOUSE OF COMMONS, MAY 31.

Poor-Laws.

NUMEROUS petitions were on this and preceding days presented against Mr. SCARLETT'S projected measure. That gentleman now moved the 2nd reading of his Bill. His measure embraced three great principles (see Mon. Repos. XVI. 319, 499-501) referring to the three great causes to which the evil of the Poor Laws might be traced, viz., 1st, the restraint on the circulation of labour; 2nd, the unlimited provision for the poor; and 3rd, the indiscriminate application of that provision, which led to profligacy, idleness and vice. The present Bill was designed to remove the first of these, and to prevent the removal of the poor from parish to parish. The poor man's labour was his property, and he ought to have the free use of it, and security from restraint and encroachment. After some debate, the House divided and the numbers were, for the second reading 66, against it 82; consequently the Bill is lost. Some of the members that voted against the Bill seemed to admit the principle of it, and to object only to the details. The proposer, who laid great stress upon the rendering of his measure to put down litigation, intimated that the petitions against it were promoted by legal practitioners, It was urged on the other side that litigation would be much increased if the proposed Bill were to pass into a law. For this Session, nothing further will evidently be attempted in this momentous concern; but it is scarcely possible that the public interest cau long allow the matter to rest, with all its weight of evil upon it.

JUNE 4.

Criminal Code.

Sir JAMES MACKINTOSH brought forward his promised motion, pledging the House "to take into its serious consideration, at an early period of the next Session, the means of increasing the efficacy of the Criminal Law, by abating its undue rigour in certain cases.' Numberless petitions had been presented to this effect from all parts of the country. The learned gentleman urged the motion with a great weight of argument and with his usual force of eloquence. Hereafter, we

[ocr errors]

hope to be able to record his speech on our pages. The ATTORNEY-GENERAL and concluded with moving the Previous opposed the motion in a feeble speech, Question. The motion was vigorously supported by Mr. FoWELL BUXTON, Mr. PEEL argued for leaving the subject in the hands of the government. The imgentlemen from being heard, and a divipatience of the House prevented other sion took place, the result of which (announced with great cheering) was, that there was a majority of 16 for the motion, there being for it, 117—against it, 101,

JUNE 10.

Unitarian Marriage-Bill.

MR. W. SMITH moved that the second reading of the Marriage-Service Bill be postponed to that day six months. When he had before brought this subject forward, he thought that the principle of the measure he proposed was as fair and free from objection as any that could be devised. Since that period, however, the new lights which he had received on this subject, and the conscientious objection of several clergymen of the Church of Eugland, had induced him to think differently; and at present he should move the second reading this day six months, rather than press the House to a division.

The Marquis of LONDONDERRY thought nothing could be more honourable or haudsome than the way in which the hon. gent. declined to press a Bill with which he was not altogether satisfied.

After a few words from Dr. PHILLI MORE, Dr. LUSHINGTON, Dr. DODSON and Mr. HUDSON GURNEY, the motion was carried; and the Bill consequently in its present shape was lost. After which, Mr. W. SMITH obtained leave to bring in a Bill to alter and amend the said service.

« AnteriorContinuar »