The Sun. — London, England, 1852-06-05 00:00:00

Ir. ADDERLEY observed that he did not think ituj fortuity of price attainable, or, if attainable, desirable. _ I dr. E. DENISON rejoieed that the power had been 00 . e t:ferr e d on the general and not on t h e l oca l legisla- The General Council would be much more V l 7 to nettl e th a t p r i c e which was for the benefit of dent at large; and he trusted that the prece %tint here set would be followed in dealing with our °wor colonies. e l *. F. SCOTT did not think that this Bill would e m9coed in setting what was the proper and suf f icient ewe of land iu New Zealand, and suggested the peat 141.1asent of the clause. Sur J. PAKINGTON could not accede to the propoai- TIO for postponement. With reference to the question !!„1 the Post-office raised by the Hon. Gentleman. the u2liatnittee would see that the regulation of the Post was iu all countries a inatter of Imperial concern lt was here, and he could see no reason for any de. Parture from that universal practice in this case. e i kt r• P. SCOTT said he would move ,that the words "Post -office" be struck out. And 4fter some discussion, in which Mr. did F. PEEL said that he lasd only suggested , and not mean to move his proposition relative to the dis posal of the public lands. T he amendment was negatived without a division. In reply to an observation from Mr. V. SMITE', as to ! 1 11 difference being likely to arise in the legislation 'estiectiug Europeans and natives, Sri PAKINGTON plaid that the whole spirit of the:. Bill was to place the natives on the sa me foot ing as l'uo Eur o p ean i n h a bitants, and he should be very sorry tha t te 7 anything in the Biil should lead t o a difference in + 7° legislati o n applicable to the natives as di stinct from re Europe:me Perhaps, then , t he Committee w ould ' e Lthe matter stand over for his further consideration. The clause was then agreed to. Clauses 20 and 21 were agreed to without discussion. On clause 22, Mr. Ps PEEL suggested that one-half the members of the council was too much to be requisite to form a Quorum. Sir J. PAKINGTON consented to reduce the amount to one-third, and Tlao clause as thus amended was agreed to. Clauses 23, 24, 25, 25, 27, and 28 were agreed to with- Oat discussion. On clause 29, relating to the period of time divine. Which the Governor might disallow a Bill passe d b y t he Legislative Council, Sir W. MOLES WORTH thought two years, the period named in the clause, was too long. He would suggest two or three mouths. After a short conversation, in which the general opi nion of the Committee appeared to be in favour of a ranch shorter period than two years, se Sir J. PAKINGTON consented to reduce the period three months. The clause as thus amended was agreed to. Clauses 30, 31, and 32 were agreed to without discus- • re9n Clause 33, limiting the number of the Legislative Sir I, PAKINGTON said that in deference to whet •ia been stated in the early part of the evening by the lee is - Quin Lord (Lord J. Russell) he meant to strike Chue words limiting the number of the Legislative of S W. MOLESWORTH said that the great object elea-, se cond chamber was to obtain the conservative eleeteu t and create a proper balance in the powers of the i t -- ,▪ , te ; But n e ith er o f t he se obj•cts could be attained by Orely introducing nominees of the Crown in the Legis eJre Council. For the nominee usually lost all influ c° with the pe o pl e a f te r his appointee -at, being re- Larded only as the tool of the Government. He would e t e e t o , ther e f ore , t h at i nstee d o f the nominee system, Z e .l" was most unpopular both in Australia and Nov 4, - 7, 411 d. they should adopt a system somewhat like that deg Iraited States, where the Lower House repre sent7e th e Pt-tpulation, while the Upper House repree th o „ slitle district, province, or state; and he further NI - got that the members should be appointed for eight n itf e t h with e provision that one-half should go out of h t ei orY four years. thi s L' 4IO WATT V 163 of opinion that if they retaitrd b ein -4suse-_: if they determined upon the Upper House li ow t hotninated by the repreeentattve of the Crown, Woui l d ver L_Perfect the Bill might be in (otter respects, it he t i je u , ! Utterly valueless for the objects which they end(ll"' and b C ARTER looked upon this clause as an abortive "gling attempt to make an imitation of the ltf e Ele of Lords. He hoped that the Hon. Baronet the tioe t ill t be ! for Southwark would persevere in his opposi tiro in tkapeeetajbnFiiio:7Eß said he would much prefer the re the Government itself than . of its nomi create 4-1 . 0 thought that the clause, if carried, would Sir a tl tell mischief and disturbance in the colony. ottip i t : 1- ,AIiINGTON said he had heard with some atteb r ,, - ,; ; 'lon- Members say that this clause involved important principle that if pressed the whole tio " ° : 1 " 1 be valueless. He thought they were attaching Wag 3 ' t e xpeggerated value to the clause. Hie answer Wag, 'lid not believe that such was the opinion enter- Cot h , • ' II anY colony under the protection of the Eoglieh ~.etaution. When the Hon. Member for Tavlstock d • . this an abortive and bungling attempt to make tiontation of the House of Lords, the only construe ttleht (Sir J. Pekington) could put upon such a state -4001%3, that the Hun. Member had never taken the °f inquiri ng i n t o th e present constitution of 4,,„ 0 °B e colonies where free institutions existed. au. :raw, Members opposite were pressing upon him tvithiPc,rinaent which had hitherto never been tried hityi n ti he British d om i n i ons . H e had no hesitation in o h m g t hat nothing cou ld i n duce him to consent to the °Pinit,,P r° Pcsod.—(Elear, hear.) He had the strongest Posed — 11 Pun it. it was observed that the plan pro ton) di wered in the United States. He (Sir J. Paking with e ,,,,, n0 t say that it did not; but this ho set.d , that posed to - Y respect to the United States, he was not dis aleae g° there for precedents upon !his subject.— o ottntr'v el t) He referred to the iostitutems of his own The la 11 '4' 1 he would there look for his precedents. et:ta lent tt• Baronet opposite had brought forward no ar on-,'°r ell elective Upper Chamber which in his ex - 7 w ould not equally apply to an elective Crown or ecutiv e col otn , - Government. He thought that every British "gilt to be a reflection of the institutions of the se n ° h —r country, so far as it was possible to make them eb • They b a d no precedent for au elective Upper is amber. The Crown nominates the Upper Chamber do Country, Country, and in every colony where free institu co-s exist the same principle was carried out. They lite not, h o confessed, make the anology close and 1 , -r al, but this was certain, that in their colonies gene ixll"3' they gave the Crown the nomination of the e,exubers of the Upper Chamber, and this was the l'ocest analogy they could have to the UppEr Chamber : h i ' the mother country, the only difference being that 4 0 dignities conferred on the colonies were not heredi tip% as they were in this country. In North America u ere were no leas than five representative constitu , ons. The Hon. Member for Tavisteck appeared to forget this fact. They were the constitutions of Canada, 5f New, Brunswick, of Nov a S cot i a , of Prince Edward's 44 and,and of Newfoundland. If they go to the East, th ey would find that, with the exception of th econv i c; eolcnies and British Guiana, which has a peculiar con atitution which had been given by the lldteh, in every et)l2 "3',having two chambers the upper one was nomi 114te:d ,h 3, the Crowe. They had precedents before them Z i e , (l° " constitutions being in existence for hundreds Of " — h r th There was no doubt a case which perhaps might . G e Z d r gQ as an exc eption—he meant that of the Cape of 11° Pn•—(Hear, hear, from the Opposition.) But that LO exception; for it was a constitution which only been sent out there the other day, and was not Y e; t ti c e l) ,Pleted. He would . not be a party to the adoption eouree but that which goes to assimilate the in .stlituttoris in the colonies to those in the mother country. ftt3 disagreed with Hon: Members opposite as to the reoretical advantages which they argue would result vr t :one the adoption of the principle which they advocate. e o I yoked upon the upper chamber, constituted as he Fr posed, as a most wholesome check upon the more Grown, as branch of the Legislature—standing between the I.l r wh, as represented by the Governor, and the people. t.) thought they would find a much better check in an t ild ependeut body of men thus n om i nate d , t h an in a l o 7dY of men who derived their existen ce f rom those who L egislature. —(Hear, their representatives in the lo wer b ranch of the 440 gialature.—(Hear, hear.) Mr. F. PEEL thought it was very natural that they knew by experience the advantages of their institu ti a otaa so nicely balanced and so justly proporti one d t , ▪ 4 ould'd sire that their descendants, not only ther e , b ut t o tt ic tla b e t colonies, should o h t ould participate in this boon. They u give not only the form, but the sub. 'Apac e ' o h f ow t h ee e v ßritish Constitution. The great practical advantage of an upper . chamber was to afford ample time r e ee th o consideration of important measures, and to pre tittt.ehasty legislation. Another great advantage de itgui. from it was to prevent the Crown or its repro to",!4hve from coming into collision with what appeared Lb AA the will of the people. If they wanted to render sense Powers efficient they must co nstitute a bod y pus 'ed of inherent force and vitality, which would com a the ily tn respect of the country, and enlist besides to...nee of the people. t e h i v ous _ He could well . understand of the exercising a power of this kind with Itert -encl• because they were a body of distinguished ethheural eptoesrsiesessidri,gy t la h r e g v e al t u erritorial property or ohneb.rve valuable services rendered either by r ege t e ! v es or their ancestors to the country. what tht,,,"'"°'' Was there between the House of Lords and by eropesee upper chamber? It was to be nominated. bilittleao vet or, but there was no condition of eligi phiahhAJ required. The governor was to select whom be tee t . and such a body so chosen was not likely th e ~7° l nnd the respect of the country. By this Bill ofi c ,7 l Thee of the council once chosen were to hold th e e u • Y a life tenure, Now, though elected at first by of ti g l "ertlor they would become altogether independent that 0 governor, and would constitute a close oligarchy, 0, most probably would obstruct the business of the ta l _tY instead of advancing it. When the Right Hon. tb 'not referred to North America, he would remind eo e l ° l that there had been recent changes made in the te:tr•ial c onstitutions of North America of an impor alto .chnracter. An agitation was lately going on ngtt the people of North America to alter or amend ne u e at th eY called their system of irrespornsible govein ptrnt"-tti gevernment that eas said to be composed of se n :b ( 7 lB pos:eseed a majority in the House o f A s . A m ' 7 , • In Canada, Nova Scotia, and in British Nortti sai P'ea, this system of irresponsible government was to to be established. The vacancies in the council were ih e new fitled up by th e governor , upon the advice of feren"xecutive rho re t commended persons, not with re bena tc' their ability and position in the colony, but part it was alleeed that they tided with their own "t •a view '' 11 " said, theref o r e , that the effect of this pl Z ig e in the co nst i tution had b.en still lower to de gent t he L " Taet cr those commie, and Le a , tea them of that respect which ought properly to attach . to .4 em b y - The Right Ro n . Baronet said that he must be Ili° 1:19"4"14 6 4911d3 7 establitled, and be T Pi. found that wherever they had appointed legislatures with two ehembere, one of them wes always nominated. Now they bad an extensive coloniel empire. They had , not only in the &Ist Indies, but in the provinces of British North Amerhia, exaMples of a legislature with two chambers. If, however, they looked to the West Indies they would find that neither in St. Lucia nor Trinidad was there a second chamber. In most of these colonies he admitted that the upper chamber was nomi nated; hut he contended that there were peculiar rea sons for the councils being so noreOnated, which reasons could not in any way apply to the esie of New Zealand. In the West Indies the Coutteilconsdiuted not only the upper house of legislature, but they were also members of the Privy Council and the Executive Council of the , governor. Now, ne one could suppose that the Executive should be elected. The council of Jetnaiet was cemeosed of eleven omens, three of whom were 'ex officio, and the eight other members held the chief offices in the executive depert meet. There were reasons why the council in these places' should he a nomivative council. But what was the course taken by the House of Assembly in Canada? They passed a resolution, declaring that the council did not possess the confidence of the country, becense it was nominated, and they prayed that it should be elective. Then they had the provinces of British North Anierica and Now Brunswick. In British North America he could not say that the people so entirely acquiesced in the tome- of their constitution $l3 the Right Hon. Gentle man had represented. Last year, in New 'Brunswic k, the House of Assembly passed a re solutioo, and pre seated en address to the Crown, in which they said, that the Legislative Council - ought to be made an elective council. He did not know whether their prayer had been assented to, but he knew that the Governor of New Brunswick had last year prepared a measure upon the subject, the consideration of which the council postponed until the present year. New foundlend, too, had last year presented an address in favour of a responsible government and an elective council. In Canada there was kept up a constant state of antagonism between the two chambers. As an illustration of this state of things, be referred to the measure on the subject of the clergy reserves. Would it be believed that in nine consecutive sessions the House of Assembly had passed a Bill for the seculari zation of clergy ressrves. and ten times it was stopped in the Legislative Council. Such a state of things was owing to the fact of the Legislative Council being nomi nated. If they were not nominated the Bill would have passed.—(° Hear, hear," from Sir J. Pakington ) These were reasons which were calculated to make them doubt whether, the precedents relied upon by the-Right Hon. Baronet were of such weight, and whether the .present was not a good opportunity of trying the experiment or making the Upper Chamber in New Zealand an elective body. Mr. WALPOLE said there was one illustration in the remarks of the Hon. Gentleman, and one observation which were sufficient to justify the Committee in adopting the clause. The' 'object of an up per chamber was to form a safety valve against crude and hasty legislation; to prevent the le gislature from reflecting too rapidly the premeture opi- , nions of the people, while at the same time it raised an effectual barrier ast r aicst any pressure of the Cro wn u p o n popular liberty. If that wes the object of a second Chamber, as he apprehended it to be, then the very de fect attributed to the clause under discussion by the Hon. Gentleman opposite was an additional reason why the Committee should come to a vote its its favour. In dependent of thet, however, the precedents furnished by hi s Right Hon Friend efferded, sufficiently ground for the adoption of the clause. It was perfectly right and proper that the politic~! institutions of ad parts of her Mojesty'a dominions should he assimilated, and he (Mr. Walpole) was astonished to find that censure eves cast in colonial matters upon those institutions which, as up plicahle to this country, were alsveys the subject of so much praise. but which lion. Gents' then were genera's , only too willing to abandon as applied to the colonies. And he would add that if it aus; wished to encourage the best ciao of emitereets from the mother country to the colonies, that object could not be better effected ihan by securing to them all those laws, habits, useges; end customs which they enjoyed in the home they had left.—(Hear, hear.) Mr. AGLIONBY agreed with the Right Hon. Gen tleman that, to give something analagous to the House of Lords, would be to give encouragement to-the best class of emigrants. He did not object to a second body in colonial legislation; but he asked the Government, was there no other mode of creating it than that pro posed by the clause, which was the blot on the Bill_? There was no resemblance to the House - of - Lords in the council proposea' in the clause. The best qualification would be a large property one, not dependent either upon the Governor or upon election. The system of nominees wee, in his opinion, the worst that could be imagined. The momenta roan became a nominee he be came a suspected person in the colonies. Mr. ADDERLEY thought the nomination of the body in question for life was the saving clause of the Bill. In reply to the Right Hon. Gentleman, he (Mr. Adderley) begeed to say that every principle in the history of English colonization was in favour of an elective upper chamber. The colonies of North America had had such a system, and they were the first colonies in the world. The statement of the Right Honourable Gen tleman that the constitution of the Cape of Good. Hope, in respect of this feature, was sub judice, made him (Mr. Adderley) tremble; as the withdrawal of that feature would convulse the whole colony, seeing that it was the most popular in the constitution. He hoped the Right Hon. Gentleman entertained no view of altering that constitution. If the clause, however, were to be a sine qua non of the Bill, he (Mr. Adderley) would not object to it; though he certainly won!'] prefer an elective upper chamber to one named by the Crown. Lord J. MANNERS supported the clause. It seemed. to him that Hon. Gentlemen, in expressing their views on colonial constitutions, were too apt to look upon them as perfect productions rather than as 'experiments. The objection urged against the Upper Chamber in New Zealand might be also urged against the popular assem bly of that colony. The question to be decided, how ever, was, would these colonial institutions effect the same object as the analogous institutions in the mother country. Teo highest duty of statesmen in these day's was to provide constitutions for the colonies calculated to effect the same results as had been obtained by similar means in this country, and he (Lord J. Manners) be lieved that the constitution under discussion would pro duce a chamber far more independent than any that had been suggested by Hon. Gentlemen oppotite. For these reasons; he hoped the Committee would accede to the principle of the clause. _ _ _ . Mr. V. SMITH. was astonished at the change of tone in ber Majesty's Government. If there was one thing more certain than another, it was that the elective principle was the most popular in the colonies. This was what would make the constitution of the Cape of Good Hope the model for all future colonial constitutions. He (Mee V. Smite) was surprised at the horror of the Right Hon. Baronet at American institutions, when he saw the Bill contained a power of creating six small republics. All that was wanted wes a double assembly for the purposes of deliberation, and if the second was formed on a dif ferent principle of quelitication from the first; that was all that was wanted. In every colony nomination bad been the main question of dispute,, and he (Mr. V. Smith) implored the Government, therefore, to re.cou• cider the question. If they did not do so, it would he the duty of the Committee to assert at all risks the elec tive principle adopted by that House. Mr. MO NAT I said the consequence of not making the upper chamber elective was this—that instead of our colonies being the cutlet for our sons and daugh ters, 99 out of every 100 emigrants went to the United States instead of going to our fine- colonies. The explanation of this circumstance was this—that .we had been accustomed to legislate for our colonies, even to the minutest matter, instead of leaving our c lonies to mansge their own internal affairs. Until we altered our system, and gave the colonies real self-goy:Tun:lent, instead cf talking about it, our Colonies would never prove a relief to the mother coun try. The American system of election had worked well —no man could deny that; and that was the realm why he had alluded to America and the American in stitutions—a circumstance which had given so much horror to the Right Hon. Gentleman. He would not take up the time of the Committee in exposing the ab surdity of comparing this House of nominees to our House of Lords. It resembled the House of Lords only in matters and qualities which were neither useful nor suited to the interests of the colonists. He was not without hope that the Right Ron. Gentleman would lay aside all idea of his being committed to this Bill; and, as the Right Hon. Gentlemen had not had much official ex perience, he could hardly feel hurt at a proposition to alter one part of the. measure. Mr. A.NSTEY wished to know whether it was desired by theorists in this country, or by the colonists, the es tabliehment o f a bastard Horse of fords in the colony— for a re a l H ouse of Lords was impossible. He asserted that the nomination principle tended to exclude landed proprietors and respectable persons. The landed pro prietors were all in the elected House, and were nearly , all democr a t s . H e was satisfied that no gentleman of character w ou ld b e found to sit in the nomination House—the colonial House of I r a d h s d . There would be nothing but clerks, thatadventurers , and class of per sons brought into notice by Mr. It the people were trusted, they would repay the Snobs.' aend t he confi dence reposed 'pin them. Distrust the people, Forst consaquencas would follow. Is was tls distr us t which had produced the rebellion in Canada ; it way the proposition for a nominative council which had nearly produced rebellion in Australia, end would, he antici pated, produce discontent in New Zealand. He contended that on l y one House was expedient awl, necessary. Sir W. MOLES WORTH would move that the clause be omitted. Sir J. PAKINGTON denied that . : he wanted to cr eate six republics in the colo n y . The Bill had been discussed in a very fair sp (I he hoped the spirit would pre vail throughout. the an leNoble Lord the Mt mber for Lone don had adverted to the questionen very decidedly, still on of a nominated cham ber, and though he had riot he did Ape tit ;n i . a vour of . pok the principle; for he eaid,. , though inclined tit prehsrring disposed as elective upper chataber, still . The Noble Lord had to "r" whhLheerdu' i G ii r e e o y t feel to endanger the Bill on that r 1 He bad listened pant. stated that in distinct terais.—(ileans atieztively to the discussion, but had h e ard nothing to support the statements that the principle of a nominated On the chamber was di sa p prove d o f b y th e colony. . said that as th e B i l l wee, so the conttery, the p e ti t i ons which he had laid on the table ell pantioeers hoped it would pass. Ile; would remind the Route that not only Canada and the West Indies were legislattd for on the &AM princple, but two years ago, when a new constitu tion for the Australian colonies was under discussion, that constittniou was re-constituted on the principle of a singie chamber, but alao that the principle cf nominatioe .ve,; to he Neil retie ~.,, om .thtrd ~ f that sir,c,rlo eh.rnher being would continuenominate d. Hit a l e i t il. hitherto hope that the h a e n l ld °s that t as retained it had the differences of opinion would not be permitted to interfere fied94 Bl Y with the memo. SUN, Sir W. MOLESWORTH considered when the dis cussion was entered upon It was understood that the mi nority was to give way to the majority. He was anxious the BP' should pass, and, therefore, ho hoped the mino rity would give way to the majority. If the Govern ment should be in a minority on this question, he hoped they would yield. He was prepared to carry out the Bill wiliout offering any fectious opposition ; but if the Right Hon. Baronet held out a threat to the effect that, if the upper chamber was made nominative instead of elective, he would throw cut the Bill, that, he con sidered, would be a departure frau the previous under standing. Sir J. PATiINGTON freely admitted the fairness which had characterised the proceedings of the Hon. Baronet. He would, however, beg to remind him that at the commencement of the discussion he had an nounced to the House a numb - r of important alterations he made in the measure, principally in deference to the wishes of other lion. Members. But, having made this concession, be did not feel justified in denying himself the privilege of exercising a discretion on the part of Government when en important principle was brought into question.—(Hear.) Mr. WALTER said he entertained strong objections to the clause, and he thought delay would be of little im portance corapnrcd with the eAablislonsent of a constitu tion for Now Z.ialah , l sound principles. The Committee divided, when there appeared— For the clause ... 132 Againzt it ... 89 • Majority The clause was tilen agreed to, and so were the clauses up to 67 On clause 68, relating, to the powers of the assambly to rnalfl altru. , ions in the constitution, Sir E. BUXTON 6aid that nothing. could be more dangerous tha❑ to give a power to the colonists to esta blish any iatertial superiority of themselves over the native population., lie hoped some words would be in troduced to limit the power of the General Assembly in such a case. Sir J. PAKINGTON did not think that the Legisla ture would desire. or that the Governor would allow of any such superiority but to prevent mitconception, he should consider the point before the bringing up of the report. The clause was agreed to. On clause 71, which provided that the Queen and Go vernor mieht cause the aborigines laws to be maintained, Mr. ANSTEY thought that the amendment of which he had given notice was preferable to the clause as it stood. Sir W. MOLESW OATH wished to direct the at tention of the Secretary of State to the immense power which the clause would confer on the Governor of New Zeelend. Under this clause the Governor might se lect any district in New Zealand and convert it into a native district, by establishing native laws and customs therein. Atter a few words from Mr. Walpole, Sir W. Moles worth, and Mr. Aglionby, The clause was ordered to stand part of the Bill. Clause 72, which gives a power to the General As sembly to regulate the sales of waste lands having been proposed, Mr. F. PEEL said he' believed that the clause was wholly unnecessary, and would give no powers which were not already conferred. He would therefore suggest that it should be omitted from the Bill. Sir J. PARING fON said that the only complaint of the Hun. Gentleman against the clause was that it was mere surplusage; but he (Sir J. Pakington) would rather that that complaint shculd be made than that any doubt should exist as to the object and effect of the measure. si r H. WILLOUGFIBY said he wished to know what security there would exist after the passing of that mea sure for the payment of the loans made out of the Im perial i , :xchequer to the New Zsaland Company? Sir J. PAKINGTON stated that those loans bad been cancelled, upan en undehstandieg betGeen the Govern ment and the New Zealand Company. He should add, that he earnestly hoped that the old quarrels between the co mpany and the Government would not again be revived. Mr. AGLIONBY said that the loans had been can celled under an arrangement entered into in the year 1847, by which the company gave up their clatuas to a vast tract of land in the colony; He entirely agreed w i t h the Right Honourable Gentleman the Se cretary for the Calonies, that it was most desirable that the old differences between the Government and the N e w Zealand Company should no longer be remem bered of discussed. Aster some further conversation tho chime was agreed to. Clause 73 was also adopted. On clause 74 being proposed, Sir NV. MOLESWORTH rose, and contended that it ought to be struck out ot . the Bill. The CHANCELLOR of the EXCHEQUER said he had no objection to the postponement of the clause. Mr. AGLIONBY observed that the two succeeding clauses ought also to be postponed, inasmuch as amend ments had been prepared and sent to the Colonial-office, with a letter setting forth the grounds on which the New Zealand Company founded its claims, and which ame ndments the Secretary of State for th e Colonies had certainly not had time to consider. The CHANCELLOR of the EXCHEQUER had no wish to press the Committee to proceed further at that moae nt, and would suggest that the Chairman should report progress, and ask leave to sit again on Thursday next, ater Supply. The House then resumed, and The CHAIRMAN reported progress and obtained leave to sit again on Thursday. The CHANCELLOR of the EXCHEQUER said it would be for the convenience of Hon. Members if he stated that he proposed to take Supply on Monday, and the Metropolitan Burial Bill and the Water-works Bill on Friday evening next. On the motion that, the House at its rising should ad journ to Monday. Mr. ANSTEY rose amidtt loud groans and cries of " Oh." Hon. Members (said Mr. Anstey) must know from long experience that that sort of thing would not go down with him.—((fh, oh, and laughter.) He was proof against al that.—(Renewed laughter.) Ile wished to draw the attention of the Chancellor of the Exchequer to the subject of certain pipers long promised, relating to the disgraceful business of the expulsion of Protestant missionaries from the Austrian territories, and contain ing the Earl of Malmesbury7s acquiescence in the pro ceedings of the Austrian Government. These papers had not yet been laid before the House, and be now begged to ask the Right Hon. Gentleman to use his in fluence to obtain their production. believed he thepapers must CHANCELLOR yh theta t E ye be E inEtell, said ani ho as soon as they were rea d y b e pr e sumed they w ould be laid upon the table. Lord D. STUART w i s h e d to put a que stion to the Il p Q r U Chancellor of th e E xc h eque r respecting some papera which had been laid before the House that day with re gard to 7he outrag e comm it te d u pon M-r• Mather, a British subject, by an Austrian officer in Tuscany. It would ap pear (rem those papers that her Majesty'aGo vernment en tirely disavowed t h e procc ed i ngs of Mr. Scar lett in that case. As he r ea d the papers, Lord Malm esbur y entirely disavowed Mr. Scarlett, and was not at a ll satisfied with the arrangements which had been entered into by that gentlemen with the Tuscan Government.' He trusted the Right Ho n . G entleman wou ld inform the Hou se whether he was r i g h t i n so ' rea di n g these dispatches, and whether it was the intention o f t h e Government to take any further steps to obtain redress for the outrage committed on a B r i t i sh subject. EXCHEQUER The CHANCELLOR o f the must say that he was rather surprised at the inq uir y of the Noble Lord. Th e Government had laid upon the table all the papers - which related to this subject, and yet the Noble Lord asked what opinion he was to form, and what conclusions he was to draw.—(Hear, hear, and a laugh.) The pipers would soon be in the hands of every Hon. Member, and he must ask the House to form its own opinion upon them. lie was 'confident that that opinion would be satisfactory to her Majesty's Govern ment, though he would not answer for what might bo the opinion of the Noble Lord. :All he could say was, that the Government had fulfilled their duty in laying the whole of the papers on the table; that there had .been no reserve ou their part; and that the Noble Lord was now in a position to form his own opinion upon the subject. Lord D. STUART said the Right Hon. Gentleman did not seem to understand his question.---(Order, order.) He wished to ask whether it was the intention of her Majesty's Ministers to take any farther steps to obtain redress for the outrage committed on the person of Mr. Mather? The CHANCELLOR of the EXCHEQUER said his answer was that they bad placed on the table of the House all the papers relative to the subject, as also a dispatch describing the ulterior steps that her Majesty's Ministers were prepared to take on the subject.—(Hear.) Mr. MILNES thought when the papers were before the House, and when the question was repeated, the Government would be able to give a satisfactory answer. SUPPRESSION OF BLASPHEMOUS ASSEM- ' BLADES. Mr. WYLD wished to know by what authority as semblages of persona in Bonuer's-fields were dispersed by the police of late? Mr. WALPOLE replied that the question had been previously answered. Information was received at the Hotne•office that parties lectured publicly on blasphe mous and profane subjects, to the great annoyance of many; and instructions were accordingly given to pre vent such assemblages, as they were prevented in Hyde park, St. James's, and other public parks.—(Hear.) The question that the House at its rising do ajourn to Monday was then put and carried. MESSAGE FROM THE LORDS. A messenger from the Lords brought up the follow ing Bills, to which their Lordships hut agreed:— Bride (Glasgow) and other Works. A U b i v b e o r ; to T n i n e St. Helen' s G as. te W rn at u o n r d wo ß rk ig F a . wear Roads. London (City) I mprovements. Alvidkahrough'and Guisbroug h Railway. Sharpies and Hoghton Road. • Shields and Morpoth Roads. Merthyr Tidfil Waterworks. • Sotncrsetshiro Cemtral Railway, without amendment. Manchester, Sheffield, and Lincolnshire Railway (1.) London Gas Light Company (Amendment of Acts, So.—No. 2). _ _ Portrhsh Elarbour, with an amendthent. PARLIAMENTARY REPRESENTATION BILL, The second reading of the Bill was negatived without _ . a division. TURNPIKE ACTS CONTINUANCE BILL. Thin Bill passel through Commit►ee. PA.SSENGERS-ACT AMENDMENT BILL. 0 , A !I ci rition that ;hi ai amplified be con Mr. BROWNE moved the insertion of a clause giving a power of appeal to shipowners ag4inst the decision of Palieugers' agents. LON DON, SATURDAY EVENIN JUNE 5, Sir J. PAKINGTON opposed the admission of the clause. . Mr. BROWNE considered the clause of vast import ance, and as each should be admitted. The Hon. Gen tleman moved the following proviso Provided always, that whenever the owner, charterer, or consignee of the ship shall be dissatisffiAl with the decision of the emigra tion officer, in any matter in which such decision is rendered authoritative by the provisions of this Act, then and in every such case it shall be lawful for the owner, eharb,rer, captain, or consigk,ee to apply to two justices of the peace having jurisdiction in the port, and such jus tices or one of them shall by order under their or his hand appoint two disinterested persons having acquaint ance with the subject -matter in which such decision may have been given, to hear the appeal of the owner, charterer, c or consignee aga i ns t suc h decision; a Cum shall ret urn t h e i r d e t e r m ination d such t w c captain, a c i r n 3 upon such appeal in answer to such order, and upon such determination the justices or justice shall make such order as to them or him shall in the premises seem meet, and such order shall be final end conclusive.' Mr. HENLEY said the clause w c ., s br o ught forward on very extraordinary grounds, because he had brought forward no cases of difficulty that had arisen under the existing arrnrigement. He believed the giving such an appeal as that proposed would be- a groat curse to the shipowner. M. A. HASTIE and Mr. MOFFATT supported the pro viso; and the House divided— For the proviso ... 25 Against it ... 73 Majority against the proviso ... —4B Amerdments were then agreed to, and the Bill was ordered to be read a third time on Monday. The Turnpike Trusts Arrangement Bill was read a third time and passed. Mr. ANSTEY moved the second reading of the Cor rupt Pr:ctices at Elections Bill (No. 2). Mr. ADDERLEY objected to a measure of so much importation being discussed at so late an hoer, and moved that the debate be adjourned. Mr. KEOGH said it was a very reasonable arrange ment that the present hour (half-past one o'clock) wad too late a❑ hour for discwsing important business. He should be glad to know what was the opinion of the Go vernment upon this point. The CHANCELLOR of the EXCHEQUER did not think any stated rule could be observed iu such cases, and at the present period of the session they must make some sacrifio.e in order to get through the business that was estential. As the measure Prop ose d b y t h e H o n. and Learned Member for Youghal was lik e l y t o c reate discussion, he thought it would Ise quite ri g ht to post pone it. Mr. SADLEIR complained of the unreasonableness of the Attorney-General for Ireland in not fixing some time for the discussion of the Irish measures he proposed to bring forward. Many Hon. Members had been in attendance since twelve o'clock the previous day. The debate was then adjourned. The Suitors in Chancery - Relief Bill was read a third B tim ili e w ; ,a s s om th e en cla p u a s s e se a d. w ere added by way of rider, and the rep T o h r e te T d. rustees Act Extension (Stamp D u ty) Bill wa s The Trustees Act Extension Bill Went through a Com-' mittee. (Ireland) Bill was road 14 second iro T e he Savings Banks . Mr. KEOGH moved tho adjournment cf the House, and took that occasion to complain of the discourtesy of the Right Hon. Gentleman the Attorney -General for Ireland, who would not give any promise as to the time when he would proceed with what he must con sider a Coercion Bill for Ireland, the Right Hon. Gen tleman having stated that he would proceed with it a", any hour of the night. He could assure the Right Hon. Gentleman that he would neither expedite public business nor promote his own dews or th e i nterests or vi his party by acting with such discourtesy towards Hon. Members for Ireland. He could tell him that he would be met with opposition at every step. Without mean ing the least offence, he could assure him that they would insist on being treated with the same courtesy as other Mt ethers, and that he would not be allowed to proceed with important business at that hour of the morning. The Bill, besides, was one that ought not to he entrusted to a provisional Govcsnm en t. Mr. NAPIER said the Bill in question was to con tinue an Act at present in force, and he was therefore surprised when he heard that the Hon. and Learned Gentleman meant to oppose it. Ho had distinctly told him that it was his intention, at any hour the House would allow him, to go on with the Bill. When the Hon. and Learned Gentleman mentioned the arrange ment that hiad been made with the Chancellor of the Excliecier, as the leader of the House of Commons, he of course submitted. This he could say, th a t h e would treat every parson in that House as a gentleman, and neither threats nor anything else would divert him from doing what he believed to he his duty as the first law officer of the Crown in Ireland. Mr. ANSTEY said the complaint his Hon. and Learned Friend made was, that having applied for in formation as to the purpose of the Government with re gard to this Bill, they had not given it ; and he believed they were fishing for a night when they would have a majority to enable them to carry the measure through its stages. He thought it would be better for the Go vernment not to attempt to make a show of carrying a measure which they would never be able to pass. The CHANCELLOR of the EXCHEQUER said they had no intention of advaacina the Bill a stage, as it had been already postponed. He must say that it was not to the honour or credit of the House to allow their discussions to close every evening with these unseemly brawls, which had now become almost chronic.—(Hear, hear.) It would be much better if they would give themselves up to the transaction of public business with good temper.—(Hear, hear.) The H on . an d L ea r ne d Member for Youghal had not the slightest ground for the remarks ho had made; but he must say he was always prompt to introduce eomething unpleasant He believed the Hon. and Learned Member tor Athlone's complaint was misconception, and that he had no good o home when Z e the use of continuing the discussion at that time of the morning. g If Irish Mem gf oruonudnedd for upon fit, nora dfd h esee miss i n g, and English Member s to go to bed when Irish business was on, that would glieh business was dis not be the proper way of carrying on the business of the nation. T he m easure hers were .to E would not be brought forward at a time when an oppor tuni'y would not be afforded of fairdiscussion. Mr. SCULLY agreed that it was a great waste of time to discuss matters that could not be that late advanced at hour of the eight. Lord NAAS reminded the Hon. and Learned Mem ber for Athlone that when the measure was originally brought forward in 1847 he h ad t e suppor d in every stage. The House then adjourned at T Two o'clock. other tGENCE. LAW INTEL 4 (Before the LORD CHANCELLODS' HOUSE OF L o June 4. Peers,) Lord BROUGHAM, and THE DUKE OP ATHOLL V. e. ".) First Divieion of the Court This Repent is from an inVrienniE AND OTHERS. - of ceUtory judgment of the title of the respondents to nary Session, sustaining the tor to establish their right t o us ' Y °xi an action of deehera lies between Blair Athol!, i n in the county of Aberdeen, which erthshire, and Braemar ' t, " 4 .public highway,which, through Glentilt, the prop ee t y ,, in its course passes the appellant. The point involved °' ;the Duke of Athol!, tench the merits of the questiono7 in the appeal does not to travel by the Glentilt-road, 6- the right of the public a preliminary technicality r a i sed u t was in the nature of to defeat the action, by denying public by th e noble appellant dents to sue. the title of the respon- The material facts to the poin t counsel on both sides having h and the argument of The LOAD CHANCELLOR, i n e t ?. concluded, the House, remarked, that in th "ieg the judgment of went at the bar, considerable stress Course of the ergo legal difficulties of the case, but after had been laid on th® after all the House would find that it did not turn out P ' Th e ha to be one of real am. oisinotroifs notlaw. a I :s'its of the case, whe therin question. The simple question l Oway, was cot now suers have the right to sue in the chargelos whether the pur taGelenitnilpt presented themselve to the e court .. ters in which they of contention had arisen as to se l e , l e ow ? A good deal averments made by the pursuers in their"st was the effect of elarator. It was b a tedstronglyin that summons of do te prove the use of the road t h e it was necessary them to maintain their right of ac , Pursuers to enable terlocutor of the Lord Ordinary, and that the in of the First Division, was -in effee _rtued by the Lords question egsinst the appellant. That a decision of that derable discussion at the bar, though • „ l ed to very consi admitted on both sides .. (that is the now seemed to be doubt, the other admitting) that 'that° one side did not concluded by the judgment, but that th(eluetion was not by their own declarator averred that. they having road through Glentilt, they will hav e Y had used the to in the course of further proce edin gs , which that feet in the court below. 'That relieved the mouse be taken c.'nsiderable difficulty, and he believed cane from a been admitted at the bar was the law of stchat what had judges in the court below may decide thatotland. The necessary in such an action of de.clarator as it was not that there should be any use of the ro ad by the present suers, and he apprehended that that cinea bY the pur suers, not be at all concluded by the.pilese tioa of law As the case now stood, thd House was reliXd lid g men t• difficulty; and then came the question whether,from this the averments as they stood on•thesummons, these taking aver ments showed a title by which the pursuers Referring to the description in the summons sue? found that Alexander Torrie was an „ advocate mons he siding in Aberdeen;" Robert Cox, „ write , re- Signet,' residing in Edinburgh; '' and Chid:. to the " merchant, residing in Perth.' Take the name L a w, o f a the latter, for example; be resides in the very count through which this" road pines; and it was moreover oreover y averred that he had h imself p aid convers ion of statute labour money under t he Act of Parliamen t for regu lating and converting the sta tute servi ces in the hounty. Assuming, for the sa ke of argument, that there tvas n law egainst their righ t to maintain the act ion it would o seem that a right was st ated: The statemen t of the c°n deseendenee excluded any question; for in tt e . con e . seeneence they positively s t ate that the y have all used the road, end that they cannot proceed from one ter minus to the other un less the y go round b y a eircuitou route of some miles: Supposing these facts to be proved, there was a very different case from that which was the subject of contention at the bar; for there it was made an abstract question, namely, can any one of h er Ma iery'e subjects Maintain an action of declarator not having used the road? If the averments were proved, the present case would really come so much within all the authorities which had been cited, that he apprehended there could be very little question. The whole difficulty arose from th e diffeiesece of the laws of England and Scot land le reference to questions of this-nature. In England 1 no difficulty can arise like the p resent, bec ause here we , have remedy by indictment; an y p erson can proceed b _ y. a . , laclictraeut to try a right of road on behalf of b ßut 3 - the law ofwSacsotlnanod, such themo mo de public restablishin g generally. a r right therefore, the questio n i s whether the. this m be not in ac- ode adopted in the law of no ' S j e a t:t I f aG l : I I, there wa s no ot h er a p a r h e h s e e present with case i the s w c mode of which he was aware by which a Person merely a right generally could try thequestion.Pers who had admitted that the right of way contended j r was fo lt was right as w in the public generally ; it wo u ld, therefore, seern fellow that every man was entitled to vindicate his ri g ht. It was not denied that he might do so i n th e case of any special obstruction, but the question was whether he could by the law of Scotland do so by action of deele rater. Why should he not ? There might bo incon venience in doing so, but that would arise from the de fect of the law itself in no; having a remedy by indict ment ; but that defect could not take away the right. It was not denied by the appellant that a great many people can exercise the right, but it was attempted to limit to certain classes of the public the right of vindi citieg. a public right of reed. It would be rather sin gular if the la w of Scotland had placed any limit on this right to vindicate. In the course of she argument, when this was so strongly insisted on, he had requested the Learned Counsel to hand up in writing the propositions contended for us based on the authorities. To this he should presently refer ; but he would see bow !Wood the authorities. It was contended that all the canes cited only showed is right on the part of the public to a certain extent, inasmuch as in these cases the decisions were in favour of certain individuals or classes interested, to institute an action of this sort. Theo the question was, could it he lsgicetly said that the right could only be -maintained by per sous having immediate connexion with the road? If there was to be a limit of the right, then what was to be the limit? Was it to be a yard or a mile? Where were you to draw the line? But in the appellant'e argument on the authorities it was contended that a case could not be shown in which a man simply as a member of the public had maintained the right. But he asked, was there any care in which it had been denied, and the answer was " No." The authorities, case by case, showed that the right of vindicating a public right had been maintained, and they wore all agaiust the appellant. The authorities cited failed to show that there was any limit is the right. That the exercise of such a right might be attendetwith inconvenience he was ready to admit, but it could hardly be called a practical one—in convenience had not resulted in practice. And he really believed that it never would do so, for men would not go to try actions of deciarator of this nature who were not naturally connected with the locality. There could be little doubt that the application of the law would be confined to those persons who, according to the admis sion at the bar, were clearly entitled to maintain an ac tion. Inconvenient, it might, no doubt, be for persona who had no connexion with a locality to bring actions of this kind, bat the danger was as great, or greater, on the other side as shown in Campbell's case (as we under stood) cited in the course of the argument, were an owner of land may maintain an action against the pub lic. But a court of law could not be supposed to deal with extraordinary imaginary cases of this nature—a nature not very likely to arise. If there was any abuse of the law it would be sure to be corrected. Suppose, for instance, that the appellant had brought an action of deciarator, with some view of obtaining a decision against the right of the public to we the road in ques tion (and were there any persons he would have been more likely to fix on than the present pursuers?) no very serious inconvenience could have resulted. An action might be brought, but the question would come before a jury, end then there would be very consider able damage to the persons who instituted au improper action. He then came to the question whether this right of vindicating a public right by action was one that should be extended to the public generally, assuming for the moment that the question was actually belle the House. He thought there could be very little difficulty in disposing of that point. In the case of " Tait and Others v. the Earl of Lauderdale" (5, Shaw, p. 330), a great deal Of discussion arose whether servants were excluded—that was a case where a road having been abut by a decree of the justices, a summons of reduction of the decree was brought by nineteen persons, of whom ten described themselves as being " servants " in Lauder and its neighbourhood. Servants, not householders, were held to have no title. But be could not see how that case bore on the present point. It only went to show that a particular class of servants did not form members of the public, that is to say, that the public are a more limited class. As re garded the question of public right, the question just stood where he did before. Tait's case, however, had an important bearing on the general question. Several of the pursuers there were described as being merchants in Lauder, and it was impossible to read the opinions of the Learned Judges without coming to the conclusion that the right to bring the action was acknowledged, not simply because the pursuers were merchants in Lauder, but, being merchants there, that they:were a part of the public, and. had:a right to sue. Every case cited was, in his opinion, in favour of the pursuers right,. and against the appellant. When the Learned Counsel were asked the question, they said the right must be either patrimonial or local; and they seemed very much disposed to contend that it was a servitude. It was no such thing. A servitude was one thing, a right of road another. It had nothing to do with a dominant tenement or a servient tenement; but the question was whether the road had been dedi cated to the use of the public. If it had been so dedi• sated, why should the public not have the right to sue? That this was a patrimonial right could not possibly be maintained. That it was merely local was equAlly un tenable, seeing that it was impossible to fix the limit. When he asked the Learned Counsel at the bar to state the bearing of the authorities on this question of limit it was said, in the first place, that these authorities had not determined the extent of locality or precise limits, but that the Court had ne gatived the right of the subjects of the realm generally to sue. Now, that was not correct, for the Court had not negatived the right as stated, and they had certainly done nothing to show a limit, as each case was in tatiour of the pursuers. It was next said that if the limits were now for the first time to be defined, it must be to persons adjoining the locality (so we understood his Lordship). It was only necessary to hear the propositions that were contended for sit the bar to see that the question of limit was not a matter capa ble of being settled into a rule. And indeed why should such a rule be established? If it it found that the inha bitants of a particular town or distract have a right, why orhow should any limit be placed on the exercise of the right because some of them may be beyond an imaginary circle? It seemed to him:quite clear that any attempt on the part of the appellant to limit the right to sue on local grounds had failed; that it was a contention that could not be maintained. He did not apprehend that an affitmation of the interlocutor of the Court below would in any way prejudice the question on its merits, for the question would just stand as it stood when it first came to the bar of their Lordships' House. The Noble and. Learned Lord concluded by moving that the interlocu tors appealed from be affirmed and the appeal dismissed with costs. Judgment accordingly. SPIRIT of the PUBLIC JOURNALS. TlMES.—There is all the difference in the n w Tchgteco i sn d eprrael. be tween the use and the abuse of a model, as also between a b n r n et n w tr e a e s n t a wh f e a n itl t t h fu e l tw an n d sp m he e t r e e s ly pr fa es n e e n if t ul m i a m r i s ta p ti a o i n n . ts t than end a o nf imitation, which is cannotbetter nbouttto deceive. attemp n v i s o , ii s i n t warnings he ver arevery natural particularly an and praiseworthyneeded, e s i t endeavours which trbe. I a alwaysarenittr natural .Ministersaakn make d to telling transfer universal l sht gravely aa idea ctel ryr s , which Englishmen enr w o9 i t l , ifi o s f ftny o o u tc r ao o nlo w in n nies i ts n i. imitable Constitution to the cases of ou that they are giving tnt li in a House of Lords to New Zeal v a e d our r relation, a o t u i n s n e , of r L i o t r s d n s ? happens A a o House n o t f t Lords e n is parentall W ik h e y the whatis no corresponding institution in the world that a does not present the widest and most fundamental differences. The British House of Lords is the creation of near 1,000 years, and represents, not one, but many elements of stability and power. It represents property, social rank, hereditary and historical prestige, the hierarchy , the y immediate influences of the Crown and of the dominant party, military and diplomatic talents , t h e hi g hest le g al wisdom and probity of' the age. `lt varies even from One day to another. Enter the House in the morning, and you will see a legal tribunal; in the evening, and you will see a synod of divines. On Monday you will find our great territorial nobles discussing the rights and duties of property; on Tuee and Iday nd yian ou ill hear fiein• ld marshals, ex-governors , mman chief discussing colonies and wars. Perhaps, however, the most remarkable feature of this body is not the variety, but the general paucity of the attendance. Oa almost any evening you can mention, according to the written proceedings of the House it has been very busy, and you might imagine five hundred Senators had been busily at work. In fact, how ever, the attendance has never exceeded a dozen, and has sometimes been much less. There have been long and important sittings of only three or four Peers. What is the meaning of this spare attend ance? It is that the House of Lords works more by ite veto than by its initiation. It has been compared to the College of Augurs which every now and then interfered , and on some idle p retence, but possibly some good reason , forbid further proceedings. The House of L o rds is, in fact , t he ballast of the state ship. Bat it is the ballast because it is independent; because it is an cient, hereditary, rich, and venerated; bemuse it it is the e object of an al most su p erstitious regard; because throw oat half a dozen Bills sent up from the Commons i n e ee week, and address a strong remonstrance to the Crown the week after. because a peerage can not be taken away, or conferred without weighty reason. Such being the British House of Lords—an in stitution which many great and enlightened States have attempted in vain to imitate—what is the use of pretend ing to create a House of Lords in a colony, or defending any equivocal institution, by reference to the model of the mother country? Say, if you please, that there must be another House besides that of the representa tives:-that there mutt be an Upper House, or that there must be a House representing property, legal ability, offieial experience, and even Ministerial influence; but to put twenty respectable men into a room and call them a House of Lords is a chimerical and illusory scheme. It is better to start without a name, or a model, that is certain to mislead. The colonies themselves are far more likely to know what they need, and what is possible in their circumstances, than we who aro hampered with the ideas we have been born and bred to, and which we see realised around us. The question is, what do the colonista want? and they are probably the best judges themselves on that point. Of in the cours e they doe% want dukes and earls, because, fi rs t place, they cannot have them . 41,s litld do they wa nt a House of pure n omine es , we should think , t ,little t h a t the Governor himself must necessarily have a seeing veto, so a Souse of nominees is wholly superfluous. in the 1852, earliest and rudest phase of the British Constitution, the Peers were not substantially or generally nomi nees; for under the feudal system there was here ditary rank and office, there was oligarchical influence, and there was the power of combination. The barons who wcortofd Mugna Charta were not nominees. A colonial Governor, of course, will have his council, and that council, for the preparation cf measures and the dispatch of business, will consist of nominees; but that is not an Uppz. - 1 Houee If a second House is reelly necessary—and we do not dispute it—what is more suitable to the condition of a colony than that it should be elective? The particular pattern, or principle, we do not venture to suggest; probably it would differ in diffe rent co:onies; but the Upper House would generally be elected w i t h a hi g h er qua lifi ca tion, and, as in the United States, by larger constituerciese But let. us knoii cer tainly what the colonists themselves want. A slavish adherence to our own models, and still more, a merely pretended adherence, not enough for use, and ceough for deception, cannot possibly be the to permanent 8 way co lonial in9tit miens. RAILWA Y INTELLIGENCE. LONDON, BRIGHTON, AND SOUTH COAST. A special meeting of this company was held yestcrby at the Bridge-house Hotel, London-bridge, for the pur pose of submitting to the proprietors a statement of the proposed arrangements With the Crystal Palace Com pany; Mr. S. Laing in the chair. Several shareholders complained that they bad not received any statement from the directors with re'.er cane to the question intended to be submitted for their consideration and approval. They stated that they were kept in perfect ignorance of the course the directors in tended to adopt up to that moment; and, /talon , heari ng what the chairman bad to say, au opinion was expressed by Mr. Herspeth, Mr. Levy, Mr. C. 811, and other proprietors, that, after hearing the chairman's state ment the meeting should be adjourned to give time for the consideration of any proposition he might think proper to submit. The CHAIRMAN said, tbet if after the statement he had to make there should be any diffsrence of opinion with respect to it, there could be nd objection to adjourn the meeting, and, in the meantime, send a circular to each shareholder, stating the arrangements proposed to be entered into, and the arguments of the directors in support of their recommendations. They were all met fur one common object-4o promote the interests of the company, and it was necessary they should have a clear understand ing of what they proposed to do. He also suggested that a paper should be enclosed to the shareholders re questing them to say " Yes" or " No" to the proposition. That would enable distant shareholders to express their opinions and save the expense of proxies. There were about 4,000 shareholders in the company, and circulars had been sent' to them respecting the Crystal Palace; and he bad received bat four letters from gentleness' against the scheme, and three out of the four had ex pressed themselves satisfied with a short explanation he had sent in reply to their objections. On the other hand, l i he had received the approval of 600 shareholders in re spect of the proposed measure, by their taking shares in the Crystal Palace Company. He then detailed the circumstance relating to the removal of the Crystal Palace from Hydeeperk, which had led to the proposed arrangement with the Crystal Palace Company. He stated that the site at Sydcnh4m, on their railway, had been seh cted as the best and most convenient of 21 other sites in the vicinity of Londoe. The selection of Sydenham led to a competition with other companies who were anxious to secure it for their hoes, and the result was that a premium of from 70,000/. to 80,0001. had born offered to the gentleman who purchased it if he would, consent to break off his proposed engagement with the Brighton Cora peny, and thus enable him to erect the palace in an other place. This offer he declined, feeling that it would not carry out the object he had in view of choos ing the site, and rebuilding the Crystal Palace in a su perior style, making it in every respect worthy of the public object for which it was originally designed. Sy denhana having been chorea as the best site for the building, it became absolutely necessary for the direc tors to take the matter up, and make as good an arrange went as they could for the benefit of the railway Cum pany.—(Elear, hear.) It was first proposed to erect the building on Mr. Laurie's park, which, on measurement, was found not to' be large enough. Tho only other rite was that udjoining Mr. Laurie's, belonging to the deputy chairman, Mr. Schuster.—(Hear, hear.) When they fixed upon that site they communicated the matter to Mr. Schuster. The first thing that gentleman said was, " If that is your determination I will not name a price for the land; I will leave it to independent parties, land valuers, on both aides, and you shall have for the Crys tal Palace." He (the chairman) would sa y th a t if they secured the Crystal Palace for their line, they would have to thank Mr. Schuster for it. In the first instance it was proposed by the Crystal Palace Com pany that they should have a certain guarantee on the capital required; but this was refused on the part of the railway company, although he believed that had they done so it would have been but a nominal guarantee. The directors felt that to do so would be taking the shareholders out of their legitimate course, but they saw no objection to making an equitable traffic arrangement. The arrangement, subject, of course, to the approval of the shareholders, was, that the receipts, including fares to and from the Exhibition and the price of admission, which would be paid in ono sum at the London station, should form a joint fund, out of which would be taken in the first instance, a certain portion of it to cover the the expenses in relation to the traffic to and from the Exhibition, the remainder to go to the Crystal Palace proprietors until they received 6 per cent, on the capital. In the first place, the railway com pany would be allowed 4 per cent. on any outlay they incurred in providing additional accommodation for the Crystal Palace traffic. For this purpose a short branch would have to be made from the railway to the interior of the Crystal Palace, and to lay down an additional line of rails on the down line, which, sooner or later they would have to make to accom modate the increasing traffic on the line. They would have to enlarge the accommodation for that traffic at London-bridge, w hi c h they could do by removing some offices and by building tip the arches Loin the ground below, at a cost of 7,000/. They had alr ea dy on a part of the line three lines of rails, viz , one line down and two up. The additional line of rails on the down line which they proposed to lay down would enabl e t h em not only to accommodate the C'rystal Palace traffic, but their present short traffic. The cost of laying down the fourth line of rails would be 50,000/. The expenses of improving and enlarging the station would b e a b ou t 25,000/., making together 75,0001., which at 4 per cent., would entail a charge of 3 . 000/. per annum in respect of the proposed traffic. lie then stated that an amicable arrangement had been come to with the South-Western Company, by which the latter would construct a short line as far as Mitcham, and there join a branch from the Brighton line of 24 miles in length, which this company proposed to lease at a rental of 8201. per annum. This arrangement would enable them to render unnecessary a proposed junction from Wandsworth to Croydon, which would have seriously interfered. with their traffic had it been sanctioned by Parliament. By this amicable ar rangement the South-Western Company would be en abled to book passengers at Waterloo and Vauxhall sta tions for the intended Exhibition, but their trains could not come further than Mitcham without the consent of the Brighton Company, and the Brighton trains could not go beyond Mitcham without the consent of the South-Western Company. The distance from the Wa terloo-road station to the Crystal Palace by the South- Western Railway would be 15 miles, or about half an hour's ride; and by the Brighton Railway from Londgn bridge about 7 miles, or about a quarter of an hour's ride. If that arrangement should give their neighbours a share of the traffic, and accommodate the public at the be feel west end, ho would be very gla d, as they wished to good friends, and perhaps they would satisfied that they were not excluded from the traffic resulting from the attraction of the new building. By the arrangement with the Crystal Palace C om p an y they would_jfirat mis nto de duct 2,500/. or 3 , 0001 . fro m the rec. ts of thejoint fond. our t h ar s, t e The remainder would be divid f ed i Brighton Railway Company would take one-fourth for the working expenses of conveying the passengers to and from the Exhibition building, and the Crystal Palace Company would take the remaining three-fourths until they amount to 30,000/., 'which would be equal to 6 per cent. on the proposed capital of that company. When the receipts exceed that amount the excess is to be divided in the proportion of three-sevenths to the railway company, and four-sevenths to the Crystal Pa lace Company. He then showed that if the admission money, including fares to and from the Exhibi t i on, d i d not ()seed Is.—and it was not to be less —they would h a ve for conveying 480 passengers in a special train 6/. for the 14 miles, there and bank, or at the rat(' of Bs. 6d. per mile per train, which would be Is. per 'rile more than the average receipts of the Brighton's Com pany's trains. If the sum for admission, &c., was ls t h e y would have 12s. 6d. per m il e per train. Then 6 " to the expenses, the average p er m il e per train asterp Brighten Railway was 2 s . 9a. on the South-iheinthase line 3s. Id., and on the South-Western 2s, would, therefore, see that th e a ll owance would cover the expenses. It was clear that if they travelled by the ordi nary trains they would fill the carriages that were empty which would be also an advantage to the cons then showed that 40,000 p assengers would pally. H e pay the first charge of 3,000/. for a whole year on the capital required to accommodate this new traffic. That Would be a less number of passengers than the average Lumber of visitors for a single d a y a t t h e G reat E x hibi tion the average Em ber being 43,007 persons. When they arrived at that point of the arrangement to receive the divisible fund, they would receive three-sevenths of their full fare for the the passengers to a nd f rom Exhibition. So that 900,000 persons at is., or 600,000 at Is. 6d, each. would produce 45,0001., and give 30,600/, to the Crystal Palace after patina proprietors, and'leave, them. If 1,000,000 passen he had mentioned (600 00 g s ' theexpenses 5 nu ooot. for in addition to mber , 0) were conveyed in the year, the railway co mpany would receive additional sum of 32,000/., and the Palace Company 43,00 0 . H e then stated that the attraction also ~ Palace in Hyde-park had given them additional C r e a t i rta'' in 1851 of 25,0001., and ho thought it a it reasonable ona to suppose that they would have a lerge portieof traffic at, fall fare' L ona other parts of their line to and from the E tion at Sydenham, independent of the arrangement with the Crystal Palace Co m p an y. Ho also owed out other sources of traffic which would be induced by the Exhi bition on their line. He then entered into an elaborate and glowing,descri9ll t' of w h a t was intend e d to be ca p 1 hlbited in th e new building. and the admirable manner is which everything would be arranged and classi. fled. Ho consid ere d th a t a large traffi c would be derived 11-6111 it Without any risk whatever. In conclusion, e stated that if th e majority did not approve of the t ahr ""gemeet the meeting could bo adjourned, and e "natter would be submitted to the proprietors at large. He then moved a 'resolution to the effect that the arrangements entered into with the Crystal Palace Com pany be, and are hereby approved, and authorizing the directors to carry the same into effect. Mr. HERAPATH VV:II3 of opinion, that even if they carried the resolution it would be illegal. They could trt carry out the pr:paed arragements without an Act of Parli:;ment. Mr. LEVY said he did not approve of the scheme. g o held 300 old shares in the company, and had always a high opinion of the chairman until he appeared at the head of the Crystal Palace Company. He feared that he would now mhdeed them. He could assure the chair man that he would rather vote him 1,000/. a-year in additioa to his present allowance than he should be engaged in any other undertaking to divert his attention from their interests in the Brighton Company. Mr. HERAPATH thought it was utterly impossible for any man to follow the chairman through the mass of figures he had quoted. It appeared, however, that their capitol account was to be opened, and 100,0001. added to it by the present scheme. As far as the Crystal Palace was concerned ho had no objection to the traffic nrrange- M:eits, but as to reopening the capital account of the Brighton Company he felt that it was his duty to oppose it by every means in his power.—(Gr(at applsuse.) He agreed with Mr. Levy in understanding tht the chair man was to have devoted the whole of hie time to the Brighton Company in consideration of the 1,500 a year which he received, and he (Mr. Herapath) would rather give him (the chairman) an addition to that sum than that he should give his time to other companies, which mieht act prejudicially to the interests of the Brighton Company. Ile bagged to ask fylr. Schuster tie (Ines tions,—firEt, rerpectisg what he (Mr. Herapath) had heard from a respectable quarter that Mr. Schuster was the real purchaser of rue Cre, stal Palace, Mr. Fuller being the nominal one. He (Mr. Herepath) wished to `anew whether that was seer not? Secondly, from two different persona, unknown to each other, ho (Kr. Herapath) had heard that he (Ur. Schuster) had sold, or: egk eed to sell, property to the Crystal Palace Company for 120,0001. which cost him (Mr. Schuster) only about 30,0001; ho wished to know whether that was so or not? Mr. SCHUSTER emphatically denied that there was ono word of truth in any part of the statement, and said there was not a word of truth in it from beginning to end. _ Mr. Etimaname, in the midst of some uproar , said that he merely rose for the purpose o f te lli ng M r . Schuster that as h e had emphat i cally d en i e d th e truth of the statem ent , he (Mr. Herapath) thought as a gentle man he wa s b ound to believe him quite agreed that . Mr. C. B ELL it would be impossible to follow the Chairman amendmet hnrktotuoge the a effectlon g that detail the of meetingfigures. be adjourned f or t h ree He proposed a n the, asihelareinhotlhdee directors to send roun d to of the subject they p ropose to ra m a es s a t ti a m tem e th en e t Mr. MAWDSLEY had been insTbinit. iscd to become a shares holder in the Brighton Compa n y capital account being closed.He i t ia n d consequence of the studiously railway speculation, and h a d never held avoided railway company until la s t Christmas. a share in a eretted that they should h ave anything to dHe deeply re 'Crystal Palace scheme, and hoped tbatoe o with the chairman would not continue to be chair man o f b oth c hleaaie? He (Mr. Mawdeley) would rather incr ease hi s °.. salary, if that would induce him to devote his services exclusively to the Brighton Company. A long discussion ensued on the propriety of opening the capiell account, as the effect would be to reduce the value c):: their shares. TheCiit AIRMAN said, when he joined the Brighton Company the stock was at about 55, but it was now nearly double that amount. The traffic was 450,000, per a.inum, but was now 600,0001. per mum. He had brought the working of the line, with the aid of the officers of the company, into a system which enabled him to devote some time to the Crystal Palace Company, and ether matters connected with the interests of the com pany. Be would not remain at the board unless he was supported in his management by the majority of the shareholders.—(Hear.) After tome discussion as to whether the meeting should be arij °tuned, or a new meeting called, The amendment, proposed by Mr. BELL, adjourning the meeting for three weeks, and specifying that a state ment of the scheme should be circulated among the pro prietors in the meantime, was carried by a majority of 14 to 10. _ _ Mr. SLIGHT, Ben., demanded a poll, which it was an nounced would close on Monday, and the meeting sepa rated. CORNWALL The directors of this railway appear to be in earnest, and to be determined to make up in energy for the fu ture what there may have been wanting in the past. The West Cornwall Railway will be completed in August next to Truro, and the directors of the Cornwall line have instructed Mr. Brunel to obtain tenders from con tractors for executing the line from the junction of the West Cornwall at Truro to St. Austell. By this means the whole of the mining districts west of St. Austell and St. Blazey will be brought into immediate connexion. Tho revised survey of this portion of the line has long ago been completed, and parts of the work were then commenced—reasons which have probikbly influenced the directors to proceed with that portion of the line. Mr. Glennie, of Plymouth, will also immediately go carefully over the ground from Truro to Falmouth, where the chief engineering difficulties exist, so as to determine on the best way of going through that part of the country. With the Cornwall Railway proceeding, and the West Cornwall nearly completed, and with a line in embryo from Plymouth to Tavistock, there is at last good reason to hope that the west of England will, ere long, eajoy some of those great advantages which have been expe rienced in the north from the development of railway communication.—Plymouth Journal. RAILWAY SHARE MARKETS. BRISTOL, JUNE 4. STOCK EXCHANGE. —The share market presented an im proved appearance to-day, and prices generally had a ten dency upwards. The transactions were as follow:—Bristol and Exeter, 96%—Great Western, 91;i—Taff Vale, 158%. JUNE 4 STccs EXCHANGIC.—We have no improvement to notice to-day. The transactions have been very limited, and prices varied little from those which have been quoted for the last few days. The sales reported,were—Birkenhead, Lancashire, and Cheshire (late Chester and Birkenhead ),18—Birmingham and Dudley, 30 Caledonian, 18N —East Lancashire 17 Lancashire and Yorkshire, 71 ')%g —Ditto, Fifths (West Riding Union), 4 1.16 dis.—London and North-Western, 122-- Midland, 671/2 —Shrewsbury and Birmingham (B), 5 5 4 Os westry and Chester, 13 Sonth-Eastern and Dover, 20 5 4... York, N ewcas tle, and Berwick, unpaid - up , 2 15 - 16 dis. BIRMINGHAM, JUNE 4. s ro cic ExcimaiGE.—The business to-day was very limited. The only transactions reported were—London and North- Western,l22—Shrewsbury and Birmingham (A), 7.-A. THE ELECTI?IPANIESC TELEGRAPH COM. Yesterday, on the re - assem blin g of the Committee--. R ju i r g . h s t i ll an o i7y . LordAillor. wet tham;aErkisr arl ,s Je e. Jermyn, Mr. B a ld oc k Gilpin, Earl, and Miller were examined on points of scientific technicality, a ft e r which y, Mr. Hope, Q.C., on behalf of the Electric Tele graph heads of Company, summed up the evidence againstthe penal charac- B i n o f the British Company in one of his usual able addresses, extending over two hours and a half, th e rthoepousnedpretcoedbeentoendnafen conferred by the Bill which, for want of space, may be indicatethas before the Committee —unprecedented t t e o r w o h t a t t h h e e p t e e w rin er e s d p garded the compulsory powers to - and penal as re railways, as well as in the item of interfere with the bility, which, if conferred on one proposed limited lis should be extendedlsimultaneou 1 telegraph company, Counsel drew the attentions yto all. The Learned want of a subscription cont of the Committee to tee of things disclosed in the evidenceract, and satirised the state been no telegraph laid down as to there having the balance-sheet furnishe d since 1850, asserting that Competition in matters a solution to the enigma. the present case would generally was a delusion, but In between the parties and be creative of continual squalls competition in any the railway companies, and if of telegraphs it w " ul shape were carried out in the matter of d be the alternative one that has been suggested, The C o • a route by the old coach road. Committee then a 1 d'ourne Until d Monday, when Mi. Serge an t W raugham, Q.C., will reply for the British Company. ASCOT RACES AND T HE R [lnvEuTrsestenT.] soenenthaeridknool' AL ERRIBITION,A valuable, newly-invented, very sina g powerful waistcoat pocket 1 country scenery g-aass the size of a walnut, by which a person can be Racecourse wn li, miles a t the dis distant; they every purpose and ships are clearlyseen at 12 to 14 miles ;_they are invaluable for shooting, deer stalking, Yachting, to had Sportsmen, Gentle m en , Gamekeepers, and Tonne dill be at Messrs. S. and B. Solomons, Opticians, 39, Albemarle-street, Picca dilly, oppos:te the York-hotel. Telescopes—A new and most important invention in Telescopes, possessing such extra ordinary powers, that some, 3if inches, with an extra eye piece, will show distinctly, Jupiter's Moons, Saturn's Ring, and the Double Stars. With the same, Telescope, weighing only three Minces, can be seen a persons . countenance 3i miles distant, . . from 16 to 20 miles. 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THE NATIONAL GALLERY.—Two valuable pictures purchased at the sale of the late Marshal Soult's collection, and at another sal the National e 111 Paris, on account of the trustees of Gallery, have arrived and been safely deposited in that establish Palma Vecchio. mein. One is by Titian, and the other by