The Sun. — London, England, 1835-07-02 00:00:00

THE SUN, LONDON, THURSDAY, JULY 2, 1835. et attended Mr. O'Malley professionally since 1831 ; that the constitution of that gentleman was then remarkably feeble ; that he had lost one eye by erripsis, and was in danger of losing the other, being under the influence of an idiopathic disease, which was dangerous to the constitution ; that he had seen him that day, and found him suffering evidently from con finement, and was of opinion that he would continue to suffer, end that his life would be brought into danger if further con fined ; that in 1832 he had found it absolutely necessary to order him to leave the atmosphere of London, and had recom mended him to go to Madeira or Italy ; and that, in short, his constitution was very fragile. The witness then withdrew ; and amid cries of " Move I" Mr. Sergeant JACKSON rose, and asked if it were the wish of the House that any other medical gentleman should attend ?—(Cries of " No, no.") He would then at once move that Mr. O'Malley be called to the bar, and discharged on payment of his fees. The motion was agreed to. CHURCH OF SCOTLAND. The Order of the Day for the adjourned debate on this sehject having been read, Lord JOHN RUSSELL roac for the purpose of moving an amendment to the motion which bad been made on a for. seer occasion. I shall not (said the Noble Lord) enter into the consideration of the various argqments which may be ad deced on one side or on the other of the question involved in it ; but I wish to address the House, in consequence of com munications which I have had with various parties to whom the question is one of the greatest importance—both those who urged the propriety of this grant to the Church of Scotland, and those who have felt the strongest objections to its being trade. I have the satisfaction of stating, that both parties appeared to me to be perfectly willing to have a full and fair inquiry on the subject, and quite ready to abide by the result of facts accurately ascertained, and that they were both willing that this inquiry should be conducted by a Commission—the one party seeming to think it better than a Committee, and the other seeming to think it quite as good and effectual. A difference appeared to arise between the two parties on this point—those who were seceders from the Church of Scotland said that they had been unjustly and un fairly omitted from the accounts which had been made of*the population now able to attend divine worship. Whether such may be the case or not, those who appear on the part of the Church of Scotland in this metropolis, and who lately pre sented an Address to his Majesty on the Throne, are perfectly willing that an account should be taken of all the means and opportunities of public worship which are afforded ; so that in this material point there does not seem to be any difference between the two parties. There is, however, a question— partly of fact and partly of principle—which still remains to be decided. Those who are in favour of this grant urge that when you have taken into account all those means of accommo dation which the Established Church of Scotland is able to afford, and when you have added to them those means of wor ship and means of instruction which are now afforded by the acceding or dissenting ministry, there remains still a large mass of the population to whom no sufficient religious instruc tion is afforded, and by whom the means of religious worship, if they are to be at all obtained, are to be obtained only at a price—at a sacrifice of money which the poorer classes are unable to make. The statement of opinion which, no doubt, will always be made by those who dissent front the Church, and who disapprove of any establishment, is that religion will never flourish so well as when left to the voluntary support of those who may be inclined to attend divine worship. On that question of principle I do not wish to enter ; for I can give but one opinion—l can hold but one doctrine on that subject —namely, that a Church Establishment affords the best means of diffusing and promoting religious instruction.—( Cheers.) I think it our duty, as a Government, to maintain that prin ciple, and to uphold the Church Establishment which is founded on it. There is, then, another question remaining, the issue of which depends, however, on certain facts, whicb should be correctly ascertained before Parliament comes to a final decision upon it. If it be true—and I will not now pre tend to dispute the point with those who are acquainted with the state of circumstances so much better than myself—if it be proved that there is a large mass of the population to whom the means of religious instruction are not afforded— either by the Church or by those who dissent from it, there . remains, then, the question, whether you are obliged to supply that deficiency by an immediate grant from the pub lic funds—( Hear, hear)—or whether there exist the neces sary means which are now by law, or which may become by law, available for the purpose of the Established Church. I think that it is impossible for us, as Ministers, to come to Parliament and propose any grant of money until the facts upon which the decision of that question ought to depend shall be clearly settled; anti therefore, in my opinion, the proposi tion of the Right lion. Gentleman, which was supported by the Right Hon. Baronet the Member for the county of Edin burgh (Sir G. Clerk), is defective in this—that it does not propose the means of entering into an inquiry with the view to effect that settlement. That Right lion. Baronet stated that the inquiry would be short and easy ; that it would be sufficient to have the Committee for a week or ten days ; that a Report might then be made, which would satisfactorily prove the case of the petitioners who had asked for the grant. I must fairly tell the Right Honourable Baronet that I do not think that an inquiry of that kind would be satisfactory ; I think that if the inquiry were to be conducted for a week or ten days, and only the partial case of those who ask for the grant were heard, and if we then proceeded to yield that grant, we should act against the wishes of a great part of the people of Scotland, who would say that the evidence which they were prepared to adduce not being heard, we had come to a decision partially and unfairly, and after considering only one side of the question. It is for rea sons of this kind, I believe, that those who are most earnest for this inquiry are, at the same time, desirous that it should be conducted in such a manner as may satisfy all parties ; and that object will, in my opinion, be best attained by the appoint ment of a - Commission, to whom the conduct of it shall be in trusted. It may be urged as an objection, that the Commis sion might extend its labours to an inconvenient length ; but that will be obviated by arranging that they shall re port from time to time, that their reports shall he laid be fore Parliament, and that as soon as Parliament and the Go vernment shall have considered them, and ascertained that a remedy is required, and settled the nature of that remedy, they shall proceed at once to act upon them. I shall there fore propose to my Right Hon. Friend that his motion be withdrawn, and that the following proposition be substituted in its stead :—" That a humble address be presented to his Majesty, praying that his Majesty will be graciously pleased to appoint a Commission to inquire into the opportunities of religious worship, and means of religious instruction, and the pastoral superintendence afforded to the people of Scotland, and how far these are of avail for the reli gious and moral improvement of the poor, and of the working classes, and with this view to obtain information respecting their stated attendance at places of worship, and their actual connection with any religious denomination ; to inquire what funds are now, or may hereafter, be available for the purpose of the Established Church of Scotland ; and to report, from time ttetime, in order that such remedies may be applied to any existing evils, as Parliament may think fit." I have com municated this motion, in the terms in which I have drawn it up, to some persons of great eminence in the Church of Scot land, who have been most anxious that the grant should he procured, and they have expressed their concurrence in it. I think, that if they concur in it—if there be no objection made to it on their part, who belong to that religious denomination which composes the Established Church—there ought to be an equal concurrence on the part of others, the object of all being the same. I trust, therefore, that there will not arise on it much debate, and that the House will not be pressed to division on it. ti Sir W. RAE was understood to ask whether if it was deter mined that a grant should be made to the Church of Scotland, such a grant should apply to the whole of Scotland ? Lord J. RUSSELL replied certainly: Mr. C. BRUCE said that the amendment which had been proposed by the Noble Lord had struck him to be nearly if not equally objectionable as that which had been submitted by the Learned Lord (the Lord Advocate) on a former evening. • Lord J RUSSELL proposed that the amendment of his Learned Friend, the Lord Advocate, should be withdrawn. The former amendment having been accordingly withdrawn, and Lord John Russell's amendment put from the Chair, Mr. BRUCE resumed—He felt bound in the first place to notice the entire omission of any specific allusion to the Es. tablished Church in the amendment of the Noble Lord. Lord J. RUSSELL expressed his dissent. . Mr. BRUCE thought that the direction given to the Com missioners to inquire " what funds arc or may hereafter be available for the purpose of the Established Church of Scot land," would be the means of throwing a firebrand amongst the inhabitants of that country, by raising a question as to whether any unexhausted teinds might be appropriated towards spread ing the religious instruction of the Established Church. He could not conceal from the House, or the Noble Lord oppo site (Lord J. Russell), that when he recollected the speech made by the Noble Lord , . he Secretary for Ireland, on intro ducing to the House the Bill with regard to the Irish Church, he could not place the most implicit reliance on the profes sions which he that night made relative to the religious este. blishment of Scotland. He admired the tone—he cheered the sentiment which the Noble Lord the Secretary for Ireland ex pressed a few nights ago, when in the strongest terms and most beautiful periods—dn language not more remarkable for its force than the justness of conclusion which it conveyed—he declared his strong attachment to the principles of a Church Establishment, and his determination to extend its instruction in such a manner as that it should supply the spiritual wants, not only of any family residing in a remote parish of Ireland, but those of any family which might happen to pass through such a district.—( Hear, hear, from the Opposition.) The wayfaring man was to receive its benefit and rejoice. But when the Noble Lord came to reduce his principle to practice —when he came to show in what way he meant to fulfil - these magnificent promises —when the allowance of a stipend of 5/. a year to a neighbouring clergyman was the superstruc ture which he raised on the proud basis which he had laid down, he (Mr. Bruce) appealed to the House whether he was not justified in saying that on that occasion, at least, " the promise had been made to the ear, and broken in the sense " _( Hear, hear, from the Opposition.) He was disposed, therefore, coupling the speech of the Noble Lord the Secre tary for Ireland with that of the Learned Lord Advocate on'a former night, the latter of which, in his opinion, threatened war to the knife to every religious establishment, to prefer the original motion of his Right Hon. Friend to the amendment moved by the Noble Lord. He regretted that an adjourn ment of the question took place, for he was apprehensive that the impression which had been made upon the House by the powerful speech of the lion. Member for Bute had been dis sipated during the time which had elapsed since the expression of his opinions on this subject. He (Mr. Bruce) deprecated the introduction of party views into the discussion of such questions, for they had the effect of disturbing that calmness and equity by which their proceedings should be marked— ( Hear, hear.) He must be allowed to recommend, as an example worthy to be followed by the present Ad ministration, the disinterested attachment manifested by the Right lion. Baronet the Member for Tamworth to an Established Church, which displayed itself in every act of his Administration.—( A laugh.) Hon. Members opposite (on the Ministerial side) might laugh ; but he would tell them that if they followed the same course as the Right Hon. Baronet, even at a humble distance, in the affairs of the Church, they would be able to secure the support of those whose counte nance was essential to their giving universal satisfaction as an Administration. With regard to the question immediately be fore the House, he would say that if he thought a connection between any religion and the State likely to prove injurious, or that the voluntary system could insure the religious instruc tion of the whole of the people of Scotland, he should be the last man to say one word in favour of the petitioners, who pro fessed their attachment to the Church of Scotland, and who expressed a hope that is religious benefits might be diffused as widely as possible. He did not, however, think that the Noble Lord was justified in alluding to the relative merits of an Esta blished Church and the adoption of the voluntary principle, be cause he did not consider the House a fair tribunal for the discus sion of such a question, and because that question was not neces sarily raised by the motion of his Right lion. Friend. When ever that question should be brought before the House he would be prepared to show that Scripture reason, the experience of every age and of all nations, not only sanction the institution of a Church Establishment, but (as had been well said in the discussion on a former night) the State which neglected to es tablish such an institution, failed to discharge the first duty which it owed to its subjects, and to the Almighty power, on which the prosperity of all nations depended.—( Hear, hear.) Those who supported the amendment of the Noble Lord ex pressed their concurrence in the principle of an Established Church. The question, then, before the House, resolved itself into a question of fact, as to whether or not the Church Esta blishment was sufficiently extended in Scotland to supply re ligious instruction to the people ? It was stated in those peti tions to which his Right Hon. Friend had called the attention of the douse, that a great mass of the people who could de rive no benefit from the establishment of the voluntary prin ciples(for their poverty would form the stumbling-hlfek in the way of having theirsreligious wants supplied) was fast lapsing into a state of absolute infidelity. It puzzled him, therefore, how the Noble Lord and his colleagues could pre tend to be friends to the Church, and vet refuse to accede to ' that proposition of his Right Hon. 'Friend, by which full information would be attained on the allegations contained in the numerous petitions to the House on the subject, and the means of preventing the evils to which they referred would be best secured.—( Hear, hear.) Those who advo cated the voluntary principle seemed to forget that a large class of the community could not receive any religious bene fits under such system ; that the natural mind of man was influenced by a feeling of animosity against the Almighty, and that precisely in proportion that the interests of reli gion should be attended to by them, they were unwilling to make any sacrifice to obtain its advantages. Allusion had on a former occasion been made to those countries in which it was said that the voluntary principle was established with success, and France and America were particularly referred to. In the former, a system prevailed under which all reli gions were established, and by which he could not help thinking that a sort of premium was held out to dissent, and no distinction was drawn between truth and error. In Ame rica no religion was established, and there a spirit of immo rality and infidelity was widely diffused. He had heard, on good authority, of a Presbyterian clergyman who officiated for two years in a district there, but who was unable to pro cure the means of decent subsistence. It had been said that there were already a sufficient number of churches in Scot land. It might he so—but what the clergy asked was not an increase in the number of churches ; for except in the case of Inverness and another place, they required no now church ; but what they did expect was, that such endowments should be made as would enable them to apply the instruction of the Established Church as widely as possible for the benefit of society. As the Establishment at present stood in that coun try, they denied with one hand, by reason of the limited nature of the Establishment, what they professed to effect with the other. Let the extent of the parishes be diminished ; let the clergyman be obliged to gather his congregation out of a limited district ; let his duties be faithfully and earnestly performed ; and let him appear in the light of a friend, an instructor, and director of the people whenever their distresses called for his relief, or their sorrow invited his consolation.— ( Hear, hear.) The demands for the voluntary system might thus be checked, and all the evils which it was sure to entail on the country avoided. He, on the grounds on which he had stated, preferred the motion of his Right Hon. Friend to the amendment of the Noble Lord, because it would secure the extension of the Church Establishment in Scotland. Sir R. PEEL said, that two months ago he should have supported a motion for a Committee, but at the present pe riod he should support the Noble Lord's motion for a Corn mission.—( Hear, hear.) For be could not forget that this was the Ist of July ; and therefore, if the present proposition were to institute an enquiry by a Parliamentary Committee, he should be compelled to say no; more than doubting as he did the possibility of entering into an enquiry to a sufficient extent, and with sufficient minuteness, in the present session. The last time this subject was discussed, he had advised the Noble Lord to refer to a passage in the Address to the Throne at the commencement of the present Session. His Majesty, in his speech, had called the attention of the House to the condi tion of the Establishment in England and Scotland ; stating that, with respect to the former, a Commission of inquiry had been appointed by the Crown. In the Address of that House in answer, after thanking his Majesty for the appointment of the Commission, " the especial object of which was to extend more widely the means of religious worship, according to the doctrines of the Established Church, and to confirm its hold upon the veneration and affections of the people;" the House proceeded to assure his Majesty that they would devote " their earnest attention to the condition of the Church of Scotland, and to the means by which it might be enabled to increase the opportunities of religious worship for the poorer classes of society in that part of the United Kingdom." All he ( Sir R. Peel) proposed was, that the House should now confirm and realize the assurance which they gave the Crown, at a time, let it be remembered, when party spirit ran very high—when the present Speaker was placed in the chair, and when an amendment was carried in the latter part of the Address, in opposition to the wishes of his Majesty's then Government. At that time, when his Majesty's Ministers were in a mino rity, that House nevertheless assured the Crown that they would devote their earnest attention to the condition of the Church of Scotland. Although he ( Sir Robert Peel) was not a member of the Church of Scotland, he looked upon it, as an establishment, with the same eyes as those with which he looked at the establishment to which he actually belonged. —( Hear.) There was no one point in which he was disposed to uphold the latter, in which he would not also be disposed to uphold the former. He said this, not merely en dry technical grounds of law, or of his general attachment to establishments ; but because lie had had opportunities of witnessing the many virtues of the ministers of the Church of Scotland, and the general effect of those virtues on the morals of the country.— ( Hear, hear.) 'All he asked was, that the Church of Scotland should be placed on the same footing as the Church of Eng land. The claims of the Church of Scotland ought, in his opinion, to be more distinctly recognised than they were in the motion of the Noble Lord. After the appointment of a commis sion by the Crown to inquire into the condition of the Church of England, and after the assurance of that House to the:Crown that it would take into its consideration the condition of the Church of Scotland, it appeared to him that, although it might not be very important in other respects, it would be important in prin ciple to introduce some expression more distinctly recognising the claims of the Church of Scotland. It was a point of which he thought the Noble Lord would feel the propriety. He should, therefore, propose, as an amendment, to introduce after the words " pastoral superintendence," the words " un der the establishment of the Church of' Scotland " That was all that lie proposed : for in his opinion nothing would be more unfortunate than in a case like this to create anything like a hostile collision between persons of different religious persuasions. He had not the slightest disrespect for Dissen ters from the Establishment in either country. While he sup ported the Establishment, and was ready to take every just means to increase its members, God forbid that he should take any unjust means for that purpose. As to an inquiry into the funds which were, or which might hereafter be, avail able for the purpose of the Established Church of Scotland, lie confessed that he would much rather see the necessity for a law on that subject considered by Government, than that it should devolve on a commission. As to available funds, the question which ought first to be determined was, whether there was any available funds or not. That was the fact which ought to be ascertained before any change was proposed in the law. It certainly ought not devolve an a com mission to propose any change in the law. lie hoped the Noble Lord would accept his (Sir It. Peel's) verbal amend ment. Lord JOHN RUSSELL was happy to find that there really was no difference between the Right Hon Baronet's object and his own. The Right lion. Baronet approved of the re ference of the subject to a Commission, rather than to a Com mittee of that House. As to recognising the claims of the Church of Scotland, he was as ready to recognise them as the Right lion. Baronet himself ; and, on the other hand, he was happy to find that the Right Hon. 13aronct was as" sensible of the valuable assistance rendered to the cause of religion by the Dissenters as he ( Lord John Russell) was. It was a fact which ought never to be lost sight of, either in England or in Ss•otland, that where the State Establishment did not furnish sufficient means of religious worship for the people, it was ex ceedingly desirable that the deficiency should be supplied by other bodies. He did not, therefore, lament to see the growth of dissent in large towns, where the means of religious wor ship under the Establishment were insufficient ; or that the ground which the Church was unable to occupy, should be taken up by others. With respect to the manner and the na ture of the inquiry, there was no difference between the Right lion. Baronet and himself. As to the amendment proposed by the Right lion. Baronet, a similar one had been recom mended to him since he came down to the House, which he had declined adopting, because the motion which he had of fered to the House had been drawn up in the words of high authorities in the Church of Scotland. He had no positive objection to the words proposed by the Right lion. Baronet ; but, for the reason which he had already stated, he must de cline consenting to their introduction. Sir R. PEEL observed that all he wished for was that the Church of Scotland should be placed on the same footing as the Church of England. Lord 110 WICK was rather at a loss to understand the Right Hon. B arone t' s p re ci se o bj ect . - His Noble Friend's motion, as it at present stood, comprehended both the Church of Scotland and the Dissenters from that Church. Why in troduce words which might b e cons t rue d i n t o a li m itation f the inquiry in a manner in which the Right Hon. Baronet himself, according to his statement, did not wish to gee -it limited ? Being all agreed on the principle of the measure, it would surely be impolitic to risk any angry feeling by the introduction of words which might be . misinterpreted. He was sure that his Noble Friend's object and the object of the Right Hon. Baronet were the same ; and it was of the greatest importance that on an occasion like the present there should be a general concurrence of opinion. He hoped and trusted that when the result of the inquiry ap peared, they would be able to prevail on both the Church and the Dissenters in Scotland to agree on the measure ne cessary for the desirable object in view. Sir GEORGE CLERK expressed his gratitude to the Noble Lord for the tone and temper in which he had treated the question. The Noble Lord had, however, omitted, in the early part of his motion, after the words " pastoral superin tendence," some expressions suggested by the high authorit ies to which the Noble Lord had alluded, recommending that an inquiry should also he instituted into the situation of chapels of ease aAd unendowed churches in Scotland. Mr. PATRICK STEWART supported the proposition for the appointment of a commission. As a friend to the Church Establishment of Scotland, he thanked his Majesty's , Government, and ho thanked all who had ta k e n part in the present discussion, for the conciliatory spirit in which they had met the question. Sir TtOBERT PEEL, being unwilling to disturb the tone and temper which had hitherto prevailed on this occasion, and understanding that the motion was admitted to contain a re cognition of the principle for which he had contended, felt that he should best perform his public duty by not pressing his amendment to a division. The ATTORNEY-GENERAL rejoiced in the Right Hon. 13aron:q's determination. He rose, however, to correct a statement made the other evening by the lion. Baronet, to the effect that such had been the rapid growth of infidelity in the city which he (the Attorney-General) had the honour to represent, that not an eighth part of the population at present received religious instruction. So far was that from being the case, that he believed there never was a period at which piety and religion more extensively prevailed in the metropolis of Scotland than at the present moment. Mr. SINCLAIR and Mr. 'MACKENZIE were under stood to support the motion. Sir WILLIAM RAE explained the circumstance which had induced him to wait until he saw what steps his Majesty's Government would take with reference to the subject under discussion. Ile regretted that some words had not been in troduced into the Noble Lord's motion more distinctly recog nising the peculiar claims of the Church of Scotland. Dr. BO WRING said that he would cheerfully consent to the nomination of the Commission ; but he hoped (as was un derstood) that the Dissenters of Scotland would not be an noyed by the use of language offensive to them. After a few words from Mr. A. JOHNSTON, Sir W. RAE moved to leave out that part of the address re lating to the inquiry into the funds of the Scotch Church. Mr. HUME opposed the amendment. lie was anxious to have the fullest inquiry, in order to give to Scotland, if she should be found to require it, all possible means of education. Sir W. RAE said that his proposition was made with a view to avoid the excitement which he knew the question would cause in Scotland. The amendment was then negatived and the original motion carried. IPSWICH ELECTION. Mr. Sergeant JACKSON informed the House that Mr. O'Malley was in attendance. He moved that he be called to the bar to be reprimanded and discharged. Mr. O'Malley was accordingly called to the bar. The SPEAKER addressed him to the following effect : " Peter Frederick O'Malley—This House has found that you have been guilty of aiding and abetting a witness in absconding to avoid giving his testimony before a Committee of this House. In weighing the guilt of those persons who have committed the offence of violating the privileges of this House, in connexion with the proceedings of the Committee to which the merits of the return for the Borough of Ipswich were referred, the House has had no hesitation in coming to the conclusion that those who aided and abetted others in the commission of that offence are those who are deserving of the severest punishment. " It is with peculiar pain that I am called upon to state this to a gentleman of that profession to which I have myself the honour to belong ; and I hope that, in the discharge of the duty which is now imposed upon me, the House will excuse me if I press with less severity than perhaps in strictness I ought, those observations which arise, first, from the petition which you yourself presented to this House, and from the other circumstances which have been disclosed to this House in the proceedings of the Committee. In stating that you were not aware that in aiding and abetting an in dividual to absent himself, for the purpose of avoiding giving that evidence which it was his duty to give, you were violating the pri vileges of this House, you offer an excuse which this House. will receive from no man, but least of all from a person in your profes sion. That you, who attended the proceedings of the Committee as a counsel, should have in any way connected yourself with a per son who was capable of giving evidence to that Committee, well knowing, by your attendance as a counsel before that Committee, the obstruction which had been opposed to the administiation of jus tice by the absence of those who had wilfully withdrawn themselves, is a transaction upon which, I am sure, you will never reflect but with pain. " The House, deeply impressed by the evidence which has been given in your behalf, with respect to the state of your health, has been induced in its lenity to discharge you more speedily; than others who have committed the same offence with yourself. Trust ing that you will always reflect with gratitude upon the kindness and indulgence of this House, I have Row to acquaint you that you aro to be discharged on the payment of your fees." On the motion of Lord JOHN RUSSELL, the reprimand was ordered to be entered on the journals. Lord JOHN RUSSELL said that he wished to state to the House the conclusion he had come to with respect to the course to be pursued with regard to the persons implicated in the Ipswich transactions, who were to be brought to the bar on Saturday. Considering the state of the business of the House, and the number of witnesses which might have to be exa mined, he had come to the conclusion that the inquiry had better be undertaken by a Select Committee. He should ac cordingly move the appointment of the Committee on Friday, and also that it be appointed as several of the same nature were last year and the year before—viz., nine or eleven Mem bers being chosen by lot, and two being nominated by the House, one on behalf of each party. Sir EDWARD KNATCHBULL made some observa tions, inaudible in the Gallery. MUNICIPAL CORPORATION BILL. On the motion of Lord JOHN RUSSELL, the House went into Committee on the above Bill. The twenty-second clause was agreed to, with verbal amendments. The twenty-third clause, providing that one-third part of the Council should go out of office annually, having been read, Mr. C. BULLE R rcse to move the amendment of which he had given notice on this clause. He strongly objected to one-third of the Members going out each year by rotation. From the influence the remaining two-thirds would possess, they would in the course, of a short time form " a house list" of the thirds to be elected, as had happened at the Bank and at the East India House. lie thought - it would be much better, therefore, that the whole of the Members of the Council should be elected annually. Wherever that plan had been tried it had succee ded to admiration. Of all the corporations mentioned in the Municipal Corporation Com missioners' Report, there was none which had been spoken of in such terms of unqualified praise as that of Wisbeach. That was not a Parliamentary Corporation, but there had been there the greatest and most economical attention paid to the administration of the funds and charities of the place, and everything was conducted with a regularity and efficiency that conferred the greatest credit on all concerned. There the Corporation was elected a nnuall y and b y ballot.—( Cheers. ) Another objection he had to the system of triennial elec tions was, that parties once elected would have to serve, under the penalty . of a fine. It was unfair to condemn a man who had no inclination for the task perhaps, to dis. charge the arduous duties of the Town Council for the space of three years. Annual elections would also have the effect of preventing agitation, by discouraging parties from becom ing candidates. For these reasons he begged to move that, in line three, the words " one third part of" be omitted. Lord J. RUSSELL said that the objections of the Hon. Member for Liskeard to the clause as it stood were inconsis tent with each other. One of his objections was, that as the clause stood, there would be great agitation and excitement to get the office of Town Councilman ; whilst another was, that its duties would be so onerous that it was a hardship upon individuals to be obliged to serve for three years against their will. Another objection of the Hon. Member was, that the two-thirds who remained in office would elect the one-third to be elected by a kind of house-list ; but this objection was also answered by the assumption of the Hon: Member that there would be great anxiety out of doors to become members of the Council. He had not heard anything, therefore, to make him doubt that the system proposed to be established by the Bill would work well in practice. Mr. GROTE said, that the periods during which the Corn. mon Councilmen of London held their seats afforded a striking refutation of the argument against annual elections, founded on the inconvenience of having every year a large number of new arid unpractised members. The Common Council of London consisted of 140 members, and the average length of time which the present members had held their seats was nine years and three-quarters.—(Cheers.) Assuming that the average expectancy of continuance in cffice of the present Common Council was another nine years and three-quarters, it would give an average length of service to each member of nineteen years and a half.--(Cheers.) This was a complete refutation of the supposition that annual elections would pro duce a continual influx of new and inexperienced men. With respect to the argument that by annual elections a particular man would be displaced by a ternpatnry excitement; although that might happen in one year, the member would be re chosen the next, when the excitement subsided. That the members, however, who would fall victims even to tempor ar y excitements would be small, might be judged of from the fact that there were only nine members in the Common Council of London who had so suffered.— ( Hear, hear.) They must not forget that a body chosen annually was much more likely to have their attention constantly directed to their duty to their constituents than one elected at longer intervals. The feel ing of constant accountability to their constituents, which, after all, must be the great source from which the disposition to do their duty must emanate, could not be too deeply rooted in the minds of Representatives, as was proved in the cases both of London and Wisbeach.—( Hear.) The ATTORNE Y-GE NER A L allowed that if the elec tions were annual there was every probability the old mem bers would be re-elected, but still there was a possibility for which they must legislate ; he meant sudden convulsions in the political world, that might cause the whole body of the common council to be changed. This would not be a trifling evil, when it was recollected how much more severe their labours would be under the new than they had been under the old system. They would have to manage all the local affairs of their respective town s, they would have to admiister their property, to direct the paving, lighting, watering, and watching of their streets, all of theist functions of a compli cated and onerous nature, requiring rixiverience in those who discharged them. 'pie proposition eot4irted in the Bill, Mn the other hand, was not a speculative experiment, for it had been tried in Scotland, and as far as it had been tried had suc ceeded to admiration. Sir J. R. REID was understood to oppose the amendment. Mr. E WART supported the amendment. Mr. WILL IA M S (Coventry) mentioned the case of the Common Council of the City of London as an illustration, I that no possible inconvenience, or practical objection, could arise from the adoption of the proposed amendment. That body was elected annually, and had the management of funds to the amount of 400,0001. a year, and yet no consequences had resulted from it prejudicial to the interest of the citizens of London. After a few words in support of the amendment by Sir W. MoLEswoirrn, and by Mr. C. BULLER in reply, the amend ment was put, and negatived without a division. Col. SIBT HO RP moved as an amendment, " That after the words ' shall go out of office in 1836' (clause 23), all the words should be omitted, to the end of the words in the present year,' line ten, for the purpose of inserting these words, That those who shall go out of office shall be such councillors as shall be by open vote so chosen, at each period at which such removal or change of one-third, and consequent re-elec tion of some number of councillors to fill up the vacancy, shall be deemed necessary; no councillor who shall have been re moved, shall be re-elected into office within the period of three years after such removal.' " Lord J. RUSSELL opposed the amendment, and it was put and negatived without a division. The clause, as amended, was then ordered to stand part of the Bill. The 24th clause—" Elections to be neld before mayor. Mode of voting." Mr. BARLOW HOY moved, as an amendment, " That the votes at elections' for the council be taken openly, in the manner now usual at elections for Members to serve in Par liament," and accompanied hiimotion with some observations, which were altogether inaudible in the gallery. A brief discussion then ensued across the table, in which Lord J. Russell, Mr. P. Thomson, and Lord Stanley took part ; but owing to the conversational tone in which it was carried on, we are unable to give even the purport of it. The amendment was eventually put, and negatived without a division. Mr. GROTE then rose to move the amendment of which he had given notice, and in doing so, could not but express his sincere regret that the principle of the vote by Ballot was not recognized by the Bill. The amendment which he now proposed to lay upon the table, did not in the least touch or in fringe upon the general principle of the Bill. If his amend ment were adopted, the method of voting which the House had lately sanctioned by its decision would be still open to these municipal corporations. There would, however, be an option given to the town council of those corporations, if they thought the adoption of the vote by Ballot to be preferable, to adopt that mode. He was fortified in making this proposition by the course pursued by the Right Hon. Baronet the Member for Nottingham ( Sir John C. Hobhouse) on the Bill introduced by him respecting Select Vestries. Indeed, he had copied the greater part of his amendment from that Bill, and had taken no greater precaution for securing secrecy than that Bill pre scribed. There was but one difference of any importance to notice between that Bill and his amendment. The Right Hon. Baronet's Bill enacted that every parish containing 800 rate-payers and above, should be entitled to declare its option to adopt, by a majority of the rate-payers, that mode of voting for the representatives of the vestry which I now propose to be adopted (at the option of the town council) for the election of the municipal (or town) council of the boroughs. He only differed from the Right Hon. Baronet in this respect, that instead of lodging the option in a majority of the rate-payers, he ( Mr. Grote) proposed to lodge it in the absolute majority of the Town Council. There were some minor differences as to the appointment of inspectors which he would not more particularly advert to. To lay a ground for this proposition, it was not necessary for gentlemen to agree with him on the subject of the vote by ballot. It was sufficient for them to admit that in some of these two hundred Municipal Corpora tions there night be political and acrimonious feelings, which the majority of the Town Council might think it best to avoid by adopting the mode of election for which he was now con tending. The adoption of the Ballot was infinitely more ne cessary in municipal elections than even in the exercise of the Parliamentary franchise ; for as a lower class of persons were entitled to vote at the former, it was but reasonable to suppose that they were more open to undue influence. He begged to add at the end of clause 24 the following proviso : " Provided always, that it shall be competent to the Council of any borough, if an absolute majority of the whole number theieeof shall so think fit, to direct that at elections for mem-. bors of the Council or of auditors fior the said borough, the votes of the burgesses shall be taken in the following manner : that is to say, that the poll shall be taken by ballot, each bur gess delivering to the mayor as aforesaid, or to such clerk as may be appointed to take the poll, in manner hereinafter men tioned, a folded paper, containing the names of the persons for whom such burgess may vote, as fit andproper to be council lors or auditors: and that the said mayor or clerk shall deposit the said folded paper, without previously opening the same, in a balloting glass or box, which shall be closed and sealed up at the time fixed for the termination of the voting, as here inafter declared :—That after the close of the said ballot, the mayor as aforesaid, with four or more inspectors appointed by the said council, and in the presence of such number of the council as shall think fit to attend, shall proceed to unseal the box or glass and examine the voting papers so delivered as aforesaid, for the purpose of ascertaining which of the several persons voted for are elected ; and so many of such persons being equal to the number of the councillors then to be chosen, as shall have the greatest number of votes, shall be deemed to be elected ; and in case of an equality in the number of votes for any two or more persons, the mayor shall name from amongst those persons for whom the number of votes shall be equal, so many as shall be necessary to complete the requisite number of councillors to be chosen ; and the mayor shall pub lish a list of the names of the persons so elected councillors, within three days (exclusive of Sunday) from the closing of the poll." Mr. BARLOW HOY expressed his surprise that any pro position should be made for the introduction of a secret mode of voting into a Bill the professed object of which was to do away with secret and close practices. Lord FRANCIS EGERTON thought that the adoption of the Ballot in municipal elections would occasion consider able turbulence and confusion. Mr. WARBURTON said that the Ballot had been adopted with great success in many parishes. Sir JOHN HOBHOU SE denied that it had been adopted in any one instance. subscribe be b s WARBURT ON nametOt he s u t l would s prop ha o v i s n e g that t i e f d any for votershould particular party, his vote should be void.—( Hear, hear.) Sir JOHN HOBHOU SE again stated, that no ono parish had availed itself of the provision in his Bill which gave them the power of adopting the Ballot. An LION. MEMBER here interposed, and said that he himself had been elected to a parochial office by ballot. Sir JOHN HOBHOU SE said, that in preparing a great measure like the present, and in endeavouring to attain the best mode of carrying it into execution, it was perfectly im possible that they could fall in with all the modes proposed by every individual Member. Ho entreated the cordial co-ope ration of the House, and he made no complaint of the recep tion the Bill had received, because it certainly had met with a very fair share of support ; but if Gentlemen whom they had the pleasure of seeing on those (the Ministerial) benches, really meant well to the Bill, he implored them to merge their own minor differences of opinion, to stand by the Government, and support the great principles of the Bill. Mr. WARD meant to impute no dereliction of principle to the Government, when he said that, if the amendment were pressed to a division, he should support it.--( Hear, hear. ) After the observations of the Right H on. Baronet, however, he hoped the Hon. Member for London would consent to withdraw his motion. Mr. AG LIONBY made the same suggestion, and observed that the mere fact of the metropolitan parishes not having adopted the ballot, proved how safely the alternative might be left to them. Mr. GROTE, under existing circumstances, would con sent, though with considerable reluctance, to withdraw his motion. The amendment was then withdrawn, and the clause was agreed to. C:ause 25 was also agreed to. After some discussion, Clause 26 was agreed to. On Clause 27 being read— An HON. MEMBER moved as an amendment, that in case of an equality of votes between any two or more of the candidates for the office of councillor, the mayor shall draw by lot the requisite number, instead of nominating the successful can didate. After afclv wordsfromLord J. RUSSELL, the Committe e whendivided, there - appeared— -142 Ayes 190 Noes --48 Majority On our return to the gallery, Mr. H. HUGHES suggested that the period allowed by the Bill for casting up the votes taken at elections, would, in large towns be too limited, because it would be in the power of any person to put a candidate in nomination. Lord J. RUSSELL said that he' would consider if there was any difficulty in the case. Mr. , WARBURTON said that it appeared to him that there was a mistake in this clause in omitting the name of the town-clerk, who ought properly to preside, pro tempore, over the election of mayor. The clause was then agreed to. Clause 29 was then proposed. Sir M. W. RIDLEY had an amendment to propose, to the effect that all persons now holding offices in Corpo rations should continue to hold them until persons were elected under the provisions of this Act to succeed them. He did not think that provision had been made in the Bill for this purpose Lord . J. RUSSELL had a proviso to propose at the end of this clause, which he thought would meet the objection of his Hon. Friend. Sir M. W. RIDLEY had prepared a clause on the sub ject, but was and his Hon. to leave the matter in the hands of his Noble Friend,and Learned Friend the Attor ney-General, who no doubt would frame a clause much bet ter than he could do.—(llear.) Lord J. RUSSELL then proposed a provision to the effect he had stated. The clause was then agreed to. On clause 30 being put (certain boroughs to be divided in to wards,) Lord STANLEY intended to call the attention of the Committee to a most important point, namely, the principle on which the Government intended to act in proposing that his Majesty in Co uncil should have the p ower of dividing a b oro ugh into -wards. This point involved three important principles--first, whether it was intended to propose that any borough should be divided into any number of wards which his Majesty in Council thought proper ; secondly, on what principle his Majesty's advisers intended to propose to fix the boundaries of these wards ; and thirdly, whether it was intended for the future to give his Majesty, or rather his ad visers, the power of fixiens the number of constituents in each individual ward. If the first point was conceded, it would be almost unnecessary for him to submit to the Committee the amendment which he intended to propose. He trusted, however, with reference to the last two points, his Noble Friend would give to the House some explanation, and would state would course he and his colleagues intended to advise the Crown to pursue with respect to the limits of these wards. Did his Noble Friend intend to propose that the number of wards should be governed by the local circumstances of the place, or by the boundaries of the parishes in a borough ? He did not believe that they intended to propose that a borough should be divided into wards solely with reference to the po pulation. Surely his Noble Friend did not mean to say that because a ward contained a certain population that it should return a certain number of councilmen, witliok reference to the wealth of the different wards or the portion each contri buted to the common burdens of the place. if his Hon. Friend did so hea.vould depart from the principle he had laid down in the Reform Bill, and would give more power and in fluence to the mere population of certain wards than to those in other wards who might contribute mainly towards defraying the exigent expenses of the borough.—( Hear, hear.) It this point was to be acted upon, it was only right and proper that Parliament should be made acquainted with it. His amendment, however, only went to the extent that certain towns, not divided into wards by the Bill, should be divided into them. To a certain degree his Majesty's Government agreed with him, but did not go thb extent which he proposed. If his amendment, or something founded on the same principle, was not carried, he was satisfied that in several comparatively large towns, an important minority would not be represented in the council, and a combination of a certain portion of persons might exclude a great portion of the wealth of the place from the slightest influence or control. Another and a stronger objection was, that in those towns not proposed to be divided into wards the number of councillors would be so large, that the electors would not exercise their choice from a know ledge of the parties, but would be guided by popular preju dices. There would be one or two lists, for instance, the Yellow and the Blue lists ; the electors would not be guided by their opinion or knowledge of the persons they had to elect, but by political prejudices. If they divided a borough into wards he thought that there was the best chance of the voters of a town only electing such persons as they were well ac quainted with, and whom they thought best able to represent them. He thought that the mode proposed in the Bill of di viding boroughs into wards was too arbitrary. The amendment he intended to propose was, that it should be left to the Crown to fix certain bounds to the wards, but that some rule should be laid down as to the principle by which they should be guided in dividing a place into wards. His Majesty's Government proposed that only towsis containing 25,000 inhabitants should be divided into wards—it appeared that they took this as the basis of the population and wealth of a place ; bus places also might be divided into any number of wards at the pleasure of the Crown. Now there were several places of great import ance which it was desirable to divide into wards which con tained a population of less than 25,000 persons; for instance, Leicester, Chester, Cambridge, Derby, Ipswich, Carlisle, Ox ford, Wigan, and other places he co uld mention. In these towns the rule laid down was, that they should return the whole number of thirty-six councillors. There would be almost necessarily two parties, arid a most powerful minority . might be entirely excluded from any share in the representation in the council. What he intended to propose was, that towns with less than '25,000 inhabitants should be divided into wards. Ile did not propose this vexatiously, but he thought that the adoption of his suggestion would improve the measure. He intended to propose in the preamble of the clause that the words, " Whereas by reason of the great number of the inha bitants of boroughs named in the schedule annexed to this Act, it is desirable that such boroughs should be divided into wards," &c., should be struck out, and that they should adopt some principle with reference to the number of wards a town should be divided into, containing a certain population. What he in tended to propose to be inserted was to this effect, " That it was expedient, if it should appear to his Majesty in Council that the population of a borough according to the last Parlia mentary census, exceeded the number of 10,000, that it should be divided into a certain number of wards not exceeding three; if the population of a borough exceeded 18,000 that it should not be divided into more than six wards; and if it should ex ceed 25,000, that it might be divided into any number of wards which his Majesty might think fit." He did not wish to ad here very closely to what he had laid down, but was willing to leave the matter to his Majesty's Government, if his Noble Friend would promise to carry out the principle which he had partially acted upon, and divide towns containing 10,000 in habitants into wards. If the principle were adopted; he would leave the details to his Noble Friend.—(Hear, hear.) Lord JOHN RUSSELL observed, that there was no doubt that the principle was of great practical importance on the working of the Bill. It was a question of practical detail rather than one involving a principle. He was disposed to go to the extent of stating, that he was willing to consider whether the plan of dividing towns into wards containing a less population than 25,000 inhabitants could be adopted. His Noble Friend asked what principle his Majesty's Go vernment intended to adopt with reference to dividing a bo rough into wards ? In the first place it would depend on the wealth andpopulation of a place. Undoubtedly they would to a considerable extent adopt the principle of population in making a ward—that was, they would not do so unless it con tained a certain extent of population. The course, however, they would adopt would depend to a . great degree on the cir cumstances of different places. For instance, if a place were now divided into three or four parishes, it would depend upon the circumstances of the case whether that division would be continued. if this arrangement could be continued advanta geously, there could be no reason why this should not be done. He should be sorry to divide a borough into wards, when the the number of voters we so few that they were likely to be influenced. If this were The case, it would produce a jealous feeling which would be most pernicious. As the case now stood, his Majesty's Ministers would be guided by the circum stances of each town, and the wealth and population of it. He was not now prepared to adopt the suggestion of his Noble Friend ; but if he would postpone his amendment, he (Lord John Russell) would propose to take it into his consideration, and the decision on it would be taken on the Report. Mr. BARLOW HO's! , had intended to propose an amend ment, that all towns containing 15,000 inhabitants should be divided into wards; but the amendment of the Noble Lord fully met his views on the subject. Mr. HUME hoped that the Noble Lord would not agree to the proposition that had been made.—(Hear, hear.) The CHANCELLOR of the EXCHEQUER said that the principle of the clause being a division of the• popular boroughs into wards, he did not see that there could be any reasonable objection to the proposition being taken into con sideration. • Mr. KE A RSLE Y hoped the Noble Lord would not for one moment -listen to the Hon. Member for Middlesex—( A laugh)—or to any Hon. Member on that (the Ministerial) bench—(Laughter)—he trusted that he would rather allow himself to be led by the good sense of the Noble Lord who had moved the amendment, havingin view the good of the He feared, howe ver, co untry. that if the Noble Lord relied on the Noble Secretary of State, he would depend on a broken reed; he had no hesitation in saying that he believed the Noble Lord would fin that he Ne Secreta of State for the Home Department d t was weak o in bl his knees r .— y (Shots of laughter.) The amendment was then postponed, and the clause was agreed to. Clauses 31 and 32 were also agreed to. Clause 33 having been moved, Mr. GOULBURN moved an amendment, to give to in. dividuals in the different wards the power of voting for an; property they might have in any of such wards. After a conversation, in which several Honourable Mem bers took part, The ATTORNEY-GENERAL said that the adopt an of such a principle would cause the Bill to become exceedingly unpopular. Mr. KEARSLEY and Mr. BLACKBURNE rose at the same time to address the Committee. There were loud and repeated cries for Mr. Kearsley, amidst roars of laughter. Mr. Bernal having repeatedly called " Order," to no effect, sat down. Neither of the two Hon. Gentlemen seemed disposed to give way to the other, and at last both began, and for some mi nutes continued to address the Committee at the same time. Whatever they uttered, however, was completely drowned in the uproar and general confusion that prevailed. Mr. Bernal again rose, and having called upon Mr. Blackburne, Mr. Kearsley at last reluctantly resumed his scat. Mr. BLACKBURNE then said he was sorry to interfere with the amusement of the Committee, but lie would not de tain them for more than a few seconds. The Hon. Gentleman was proceeding to remark upon the amendment, when Mr. BERN AL said it was withdrawn.—(Laughter.) Clause 33 was then agreed to. Mr. KE AR SLE Y again rose, amidst shouts of laughter. On finding that the clause had been passed, he again sat down. Clause 34 having been moved, Mr. DENNISON moved, as an amendment, that no elec tion should be held to supply any vacancy or vacancies in the council so long as four-fifths of the members of the council who were originally appointed should remain in office.• Lord JOHN RUSSELL was'ainderstood to say that if the Hon. Gentleman would withdraw his amendment, he had a proposition to bring forward which would accomplish the ob ject he had in view. The amendment was withdrawn, and the clause agreed to. Clause 35 was agreed to. Clause 36 was agreed to ; when the House resumed, the Chairman reported progress, and obtained leave to sit again. EXPENSES AT ELECTIONS BILL. In consequence of some objection made to this'Bill, as hav ing provisions in it, with respect to the qualification of Mem bers, that were considered to go beyond its ostensible object, Mr. HUME withdrew it for the present. ROYAL BURGHS (SCOTLAND). Mr. OLIPHANT obtained leave to bring in a Bill to abo lish the Convention of Royal Burghs in Scotland. The Bill was afterwards brought in, read a first time, and ordered to be read a second time on Wednesday next. The other orders of the day were then disposed of, and the House adjourned at a quarter after one o'clock. During the late oppressive weather several instances of illness, and even death, were the result of the sudden change. A coachman in the service of the Marquis of Down shire, in returning from the races, dropped 'suddenly dead in the stables. Every effort was used to restore him, but life was quite extinct. COURT OF EXCHEQUER LYDE V. BARNARD. This was an action brought to recover the sum of 9991. from the defendant, a banker, for falsely concealing that there were incumbrances upn the marriage settlement of Lord Edward Thynne, whereby the plaintiff had been induced to lend that sum upon a security which was valueless. Mr. SERJEANT Bomrass (with whom was Mr. CLARK) stated, on the marriage of his Lordship to Miss Mellish, a sum of money was settled upon him yielding 1500/. per annum. He soon raised money upon it by way of annuity to the amount of the whole fund, and being very much in difficulty, his father, the Marquis of Bath, agreed to take up three of the annuities, and his father-in-law agreed to do the same by the other three, but at the same time they prudently determined that his Lordship should not have the power of ruining himself again. Accordingly, Mr. Mellish had the as nuities regularly assigned to himself, and the Marquis of Bath raised a suns of money to the amount of 2,000/., with which i.e paid off the annuities ; but, in order to make all safe, he took a mortgage to the same amount upon the marriage settlement, notice of which was given to the trustees, one of whom was the defendant. When the plaintiff was applied to for the advance in question, his Solicitor Mr. Miller went to the defendant, in order to see whether there were any other incumbrances upon the security than the three an nuities held by Mr. Mellish. The defendant assured him that there was not any more, and that therefore the security was good enough. On the faith of that assurance the money was advanced, and the plaintiff now claimed to recover against the defendant for the loss lie had sustained by the false represen tations of a man of business habits in money matters, who ought to have known better. It was admitted by himself in Chancery, that he had received notice of the mortgage.— He called Mr. Hunter, a solicitor, was applied to by Lord E. Thynne, to raise a large sum of money. Witness was in negotiation with the Globe office upon the matter, when one day in Feb., 1834, at the house of Mr. Duncombe, M.P., Lord E. Thynne said he was much pressed for 1,000/., could he not get it soon from some one? The money was to be raised upon his mar riage settlement of 1,5001 , which he represented as totally unencumbered. Witness applied to Mr. Barnard, as the trustee, in March 1834, when he said there were no other in cumbrances upon the fund of the marriage settlement than three annuities purchased by Ms. Mellish. He told him that there had been other three annuities, but that they were paid off by the Marquis of Bath. The money was advanced upon these representations. First heard of the mortgage for 20,0001. to the Marquis of Bath some months after the 9991. was advanced. Cross-examined—Was introduced to Lord E. Thynne by Mr. Duncombe, for whom be had been solicitor for a long time. Mr. Duncombe paid witness either 701. or 801. for his services in the transaction and the preparation of the deeds. Could not say what part of the money Mr. D. had, for he and Lord Edward Thynne went out immediately on the money be ing paid. Witness made no inquiries on the subject of these incumbrances from either the solicitor of the Marquis of Bath or that of Mr. Mellish. The witness underwent a long cross-examination as to per sonal transactions, which did not place him in a favourable light. Mr. Braithwaite, a silversmith, went with Mr. Hunter to see Mr. Barnard in May 1834. Mr. B. then said there were no other incumbrances on the marriage settlement than, Mr. Mellish's and Mr. Lyde's. Cross-examined—Had not given any orders to Mr. Hunter to sue out any writ against Mr. Barnard. Had never heard his partner say that he had given such orders. He made the in quiries because they were going to lend Lord Edward Thynne 2,0001. The money was given to Hunter for the discount of a bill for 1,000/. 700/. was given in cash, and 3001. in goods. When the bill was becoming due, he gave another 1,000/. in the same manner to a person named Welsh, on behalf of Mr. Duncombe. Had never seen Lord E. Thynne at all, and did not know how Mr. Duncombe was mixed in the matter. Mr. Hunter examined by Sir WM. FOLLETT—Had issued a writ in the name of Braithwaite and Jones, against Mr. Barnard. Had not taken any other steps upon the writ, and had the authority of Mr. Jones for doing it. Mr. Jones was not present. This closed the case for the plaintiff. • Sir Wat. FOLLETT objected that the- representation ought to have been in writing, according to the provisions of the 9th George IV., which was passed for the purpose of meeting such a case as the present. His Loewe's , ugreed with the Learned Gentleman, and nonsuited the plaintiff. MEMOIRS OF THE LANDED GENTRY.—The Tenth Part of Mr. Burke's very interesting account of the Commoners of Great Britain and Ireland, which has just ap peared, contains, among numerous other eminent families, the following i—Pigot of Edgmond—Childe of Kinlet—Riddell of Felton Park—Lowndes—Stone of Brightwell Park—Jones of Bealanamore—Bigland of Bigland—Close of Drumba nagher—Plowden of Plowden—Wallace of Kelly—Biddulph of Biddulph—Long-Wellesley of Draycot—Leigh of Stone leigh—Morrice of Belshanger—Brisco of Coghurst—Dennis town of Dennistown—Eyre of Wiltshire—Fraser of Lovat--- Hutton of Marske—Dixon of Gledhon--Flarington of Shaw . Hall—Hereford of Lufton—Court Lloyd of Aston—Brock man of Beachhorough—Scott of Harden—Bethune of Bal. four—Brockholes of Claughton—Scudamore of Rentchurch —Canning of Foxcote. KElTll.—Banffshire is about to follow the example set by the Reformers of London, and institute an Association to promote the registration of those entitled to the elective franchise. Hitherto impediments of a nature ynthought of at the passing of the Reform Bill have operated as a partial check in the working of that measure, but which are now gra dually disappearing, as the people become more enlightened and capable of appreciating those immunities which have been conceded to them, and to which they are justly entitled.-- Aberdeen Herald. - - - - - The I'russian State Gazette of the 22d inst. an nounces that on the 15th the ancient palace at Wirrwitz (in the circle of Breslaw) was entirely burnt to the ground. On the 16th a fire broke out in the town of Schurgart (in the circle of Oppeln), which in a few hours consumed the Catho lic church and twenty-eight houses, with several stables and barnes. - CORTES ; OR THE FALL OF MEXlCO.—Bentley. --" The success of Dr. Bird's former work has, we are happy to find, encouraged him to produce this second Romance. The scene of this new work is laid in Mexico in the old pic turesque times of the discoverers ; and we have the haughty nobles of Spain, and the natives of the new world brought into contrast in its pages. There are powerful scenes in the work, and we regret that the one in which Villafamt's treachery is detected and punished, is too long for extract. " Cortes' is the hero of the tale ; Don Juan Lerna is the lover ; his dog, Befo, is almost as gallant a quadruped as Bevis in " Woodstock ;" Zelahualla is a creature so beautiful, simple , and innocent, that we regret not to know more of her. All the characters of the story, even those which are subordinate , are skilfully drawn, and with sufficient variety to recommend the work."—Athencru BIRTHS. On the Ist inst., the wife of Mr. E. M. Van Butchell, of Broad-street, Golden-square, surgeon, of a son. On the 30th ult., in Brook-street, Mrs. J. Alexander Hankey, of a daughter. On the Ist inst., at Knots Green, Le ton the wife of James Reeves, Esq., of a daughter. On the Ist inst., in Portland-place, the lady of Arthur Currie, Esq., of a daughter. On the 30th ult., the lady of P. C. Moore, Esq., of Doctors'' commons, of a son. On the ?oth ult., at Cheltenham, the lady of John Henri Howard, Esq., of a son. On the `3Bth ult., at St. Mary's, Bedford, Mrs. T. John Greco , ly I of a daughter. - . MARRIED. On the 30th ult., at St. Mary's, Bryanston-square, the Rey. 1 1 ', R ee l ! , to Maria Adriana, daughter of the late John Smee, Esq. , O' the Hon. East India Company's Civil Service at Bombay. On the :20th ult., by special license, at the house of the Counteog of Llandaff, Merrion-square, Dublin, Edward Symes Bally, Es4 . ' of Ballyarthur, county Wicklow, to Catharine, youngest daughter of the Right Hen. M. Fitzgerald, Knight of Kerry. On the 30th ult., at the parish church of St. James, Garlick Hythe, Thomas James Marriott, Esq., of Gibson-square, to . EII O Mary, seventh daughter of the late Abraham Mann, Esq., of oar ham, Surrey. On the 30th ult., at St. James's Church, Sir Harry Calvert, to Eliza, daughter of the late Admiral Sir George Hope and of the Hon. Lady Hope, sister of the late Lord Kinnard. D IE D. On the 30th ult., at Worthing, in her 74th year,' Anne, relict of \ the Rev. Joseph Dixon, late Rector of Sullington, Sussex. On the 30th ult., at Wimbledon Lodge, Mrs. Jeanne Madeleine Sunier. On the 28th ult., at Peckham, Surrey, Phoebe, youngest ( "BAJO' ter of the late Rear-Admiral Samuel Wittewronge Clayton. , 7' On the 28th ult., Richard Marston, Esq. , of Ely - place , aged 7,.'" On the 27th ult., Mr. John Griffin, of Bishopsgate - street -witP out, in his 634 year. On the 224 ult., at Liverpool, Peter Gilfillan, Esq., of Giese' aged 49. On the 29th ult., at Maida-hill, in his 70th year, Mr. Jose p b Manton. of On the 29th ult., Ellen, the infant daughter of Mr. Gibbing, .Mornington-crescent, aged two months. On the 25th ult., in Hampshire, in his 33d year, Mr. Daniel P' Le O n late o 2 f Newgate-market. London. el the 6th of May, at Malta, Lady Hankev, wife of Co lo ' Sir Federick Hankey, ' On r the 29th ult., at Cheltenham, William Thomason StepW' eldest son of else late Captain W. G. Stephen, of the Bengal f le gneers. On the 24th ult., at Castle-street, Budge-row, Mr. James &I don, youngest son of the late JaMes Gordo n, Es q ., of U pp er Co'. min ,, -s.treet, Pennvie. On the 29th ul to t., at Witchingham-hall, near Norwich, Charl‘. Thompson, Esq. On the Ist of May, on his passage to Jamaica, Thomas Del 4 Hall, Esq., of Worctster and Roundhill Estates in that 1010 aged 57. Wi t On the 26th ult., at Stepney , M ar y Ann, wife of Ca p tain Barclay of the ship Planet. of On the 27th ult., Mary, the wife of Mr. Daniel White, Thames Ditton, Surrey, aged 63. e, cf On the 24th ult., in Isis 69th year, Mr. Anderson, of Park-P' 9' 91 Ealing. On the 27th ult., at Portsmouth, William Spencer, Egq" years Ordnance Storekeeper at that place, aged 77. lil t. On the 29th ult., in Bath-place, New-road, Ann, relict of Robert. Giles, late of Oxford-seet. O{ On the 28th ult. at Parsonage, Hants; Frances 0 , Stratton giana Dallas, daughter of the late Robert Charles Dallas, EA' the Island of Jamaica, and of Ste. Adresse, in Normandy. London : Printed and Published by MURDO .YOUNG, of oil 112, Strand, at The Sun Ofrice, No. 112, SUand, b the Co of Middlvil x. TR L° ace, may THOM, Ar BE which of wholesal, FRANK City. PA , re pectin supply tl Very bes • Second Very be Second Ladies other Cs B moved fi WARK The I BENJA STOCK Horticul Cricket effectual may be 1 A Pa of dinini, March New an( Fruit n Ropes, 7 Flags !Rooms d Order A ste l 208, Pic Oppositt N` in the each Pe and the addition by the s. N.B. Omnibu daily fro wich St 4 Wharf, Walim T" PLYbTi and Pas ING at Cowes, s'elosk. Offic e also at office, oornrqo RAV THurtl/. The BRIG] and SA Flirt! 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