The Sun. — London, England, 1828-07-09 00:00:00

IMPERIAL PARLIAMENT. HOUSE OF LORDS, TUESDAY, JULY S. ---- - Mr. Crafer presented a Statement of the Income and Expenditure of the United Kingdom from the year 1813 to 1828. On the motion of Lord MALMESBURY it was ordered to be printed. Sir A. GRANT and others brought up a Bill to amend the Constabulary Act of Ireland. The Charing-cross and Strand Improvement Bill, the Corn Bill with Amendments, and two private Bills were agreed to. Upon the motion of the Earl of SHAFTES BURY the Registry Deed Office Bill in Ireland, and the Parliamentary Poll Electioneering Bill, were read a third time. Earl FERRERS presented a petition from an individual, praying for the extension of the power of Trial by Jury to New South Wales. The Earl of SHAFTESBURY presented peti tions from the merchants of Cornwall, and the north-west of Ireland, in the kelp trade, praying for relief. The Marquis of LANSDOWNE presented a pe tition from a parish in - Wilts against slavery. Also a petition:from a Clergyman, complaining that he had been imprisoned for the non-payment of poor's rates on tithes to which he contended he was not liable, and praying for relief. MALMESBURY thought it legal to es►- force the payment of poar's rates upon tithes. The Earl of SHAFTESBURY objected to this petition upon the ground of its bringing forward a question purely legal. The Marquis of LANSDOWNE agreed with he two Noble Lords, and withdrew the petition. Earl GROSVENOR presented a petition from the Stove Manufacturers of Yeovil, Soniersetshire, against the importation of Foreign Stoves. The - Report upon the Irish Promissory Note Bill was received, with an amendment by the Duke of WELLINGTON, which was ordered to be printed, and ithe Bill read a third time this day week. Adjourned at Half-past Five o'clock. HOUSE OF COMMONS, Juts S. Sir IT, PARNELL moved the Order of the Day for the Committal of the Holyhead Roads' Bill, which accordingly went through a Committee. The -several chutes were agreed to, the House resumed, and the Report was ordered to be received to morrow. Sir F. WILSON presented a petition from a parish in Yorkshire, in favour of the Additional Churches' Bill. Mr. A. DAWSON presented a petition from Londonderry, praying that Orange Associations might be put down. Also a petition from the butler buyers of Dundalk, praying that an inquiry might be made into the laws relating to the butter trade. Mr. CHICHESTER presented a petition from the landowners of certain baronies io Wexford, in favour of the Constabulary Police. Sir G. HILL presented a petition from the Mer %haute, Traders, &c. of Londonderry, for a reduction of the Ditty on Coals. Mr. DAWSON supported the prayer of the pe tition, as did also General GASCOYNE and Mr. J. CiRATTA N. Colonel ARBUTHNOT presented a petition from ehe Landowners of Aberdeen, praying for an Amendroent of the Excise Laws in Scotland. After a f ew words from Mr. rgitGussom and Mr. C. Fvscur PeemEe, the petition was ordered to be printed. Mr. SLANEY moved fer several returns eon , fleeted with the Poor Rates.—Agreed to. Mr. SLANEY also moved for several returns connected with the Malt Trade.. Mr. CUytTEIS presented a petition fr©m the Landowners of Coltspur, praying for a continuance of the Small Note circulation. Sir J. /SCARLET •!' presented a petition from the Solicitors of London, complaining of the want of accommodation in the Courts of Law at West rninster. Sir James said that he could bear testi mony to the truth of the allegations in the petition. The SOLICITOR GENERAL also bore testi mony to the want of ventilation and accommoda tion in those Courts. The petition was then ordered to be printed. Mr. W. SMITH presented a petition from New port, Isle of Wight, praying that the Additional Churches' Bill may not pass into K law'. Mr. W. SMITH also presented a petition from Harleston, Norfolk, praying for the abolition of slavery. Mr. FYLER presented a petition from the Ope rative Ribbon Weavers engaged in the .Silk Trade at Coventry for protection. The Hon. Member said, the petitioners objected to the law being kept ;11 its present state, because it was a state of suspense which deprived the manufacturers of confidence and security. Free trade had caused an increase of labour 6ut it had also caused a reduction cf wages, and al ff though there was an artificial stimultiegaen to trade it was greatly depressed. Mr. Secretary PEEL presented copies, by eom manU of his Majesty, of the Correspondence between t h e Cormnissioners at Sierra Leone and Rio Janeiro, relatis'e to the Abolition of the Slave Trade.—Or dered to he printed. Mr. Japii7sl WOOD presented a petition from the Protestant Dissenters of Finsbury Chapel, Moor fields, against the Additional Churches Bill. He trusted that the Chancellor of the Exchequer would that night state to the mouse his - resolution not to press this Bill during the peesent Session. Mr. Alderman WAITHMAN presented a pe tition from the Kid Glove Manufacturers of London, complaining of the importation of French Gloves, and praying for aduty on Foreign Gloves. Mr. MUNDAY presented a petition from the :inhabitants of Castle Dorrington, in the county of Chester, praying for the abolition of Negro Slavery. Mr. R. GORDON brought up the report of the Select Committee on Smithfield Market. It stated chat the Committee were of opinion that there ought to be a Bill brought into Parliament empowering the Corporation to prevent carts and 713g,gons from -passing through the Market during certien hours on Mondays and Fridays. Mr. R. GORDON gave notice that he would, to morrow, bring in a Bill, founded upon the recom mendation of the Committee. Mr. F. BUXTON presented a petition from the • Clergy of Ely, praying for the Abolition of Negro Slavery, and also similar petitions from Cheltenham, Uxbridge, Gravesend, and seventeen other places. Mr. O'NEIL presented a petition from the Kelp Manufacturers of the county of Galway, praying fcr ditty upon the importation of Foreign Kelp. He also gave notice of a motion for the 15th June, founded upon the prayer of the petition. Mr. BERNAL presented a petition from chester praying for the abolitiara of negro slavery. STA.TE OF IRELANO. Lord JOHN fIUSSELL gave notice that on Thursday, the 11th inst., he should move an initiate Address to the Crown upon ate state. of Ireland. Mr. HUME presented a petition from Montrose against negrd slavery ;_ and also a pet:idea from the own ers of smacks , trading between Leith and Lon don, against the Packet Regulation Bill ; also a petition from the .Rev. Robert Taylor, a prisoner in Oakham gaol, under the sentence of the Court of King's Belk)), upon a conviction of blasphemy, praying that the House would take,his case into e onsideratioi , and would do away with that disgrace to the English law, the inflicting punishment upon a man for his religious opinions, The petitioner stated that he had for years given philosophical lectures in, the city of London without interruption from t he corpo ra te o ffi cers until the mayoralty of Mr, ni ' thony Browne, a dissenter, under whose directioto the prosecution against the prisoner was instituted; He (Mr. H.) concurred with the petitioner in saying that it was much to the credit of the Established Church that no corporate officer being a member of that establishment had ever prosecuted him for his religious °Onions? and in regretting that such pro!, secution should be instituted by a man who differed from the Established Church, and who at the time of instituting such prosecution was himself receiving a favour and indulgence from that Church by per mitting him to fill the high office of Lord Mayor, notwithstanding his religious •pinions, which accord ing to the then state of the law disqualified him • from filling such office. After a few words from Mr. Alderman Wool) and Mr. Secretary PEEL, the petition was ordered to lie on the table. The CHANCELLOR of the EXCHEQUER moved the Order the Day ; for the House resolving itself into a Committee on the Additional Churches Bill, for the purpose of postponing it to that day tiff( • months.—Ordered. Mr. W. HORTON, at the suggestion of Mr. S. Rice, withdrew his motion for the Select Committee on all Acts of Parliament passed since the Union, &c., affecting Roman Catholics, or Dissenters, but said he would revive it early in the next Session. MILITARY PUNISHMENTS IN NEW SOUTH WALES. Mr. STEUART, in bringing forward his Motion for Papers relative to the trial and punishment of two privates named Joseph ,Sudds and Patrick Thomp son, of the 57th Regiment, which took place at Sydney, in November; 1826, entered into the details of the case. From the Hon. Member's statement it appeared, that these persons had been found guilty of a larceny and sentenced to seven years' transpor tation. This sentence was commuted by the Governor (Colonel Darling), to working in the public roa,t,i in irons for that time, after which they were to return to their regiment. The men were clothed in felons' clothes and drummed out of the regiment as rogues. So severe was their punish.' ment that Sudds, who with his fellow-prisoner, had been heavily ironed, was taken ill and died in a few days. He agreed that it might he necessary in soma cases to invest the Governors of distant Colonies with a degree of arbitrary power; but it seemed to him that in this case, General Darling had exceeded the limits he ought to have observed. He moved for an Address to the Crown, for a copy of the Record of conviction of Joseph Sudds and Patrick Thompson, at the Quarter Sessions of New South Wales, on the 7th •)f November, 1826, and of their sentence to seven years' transportation; for a copy of a commutation of that sentence to working in chains on the public roads for seven yea rs ; and for copies of all correspondence between the Colonial Office and General Darling °tithe subject. Sir GEORGE MURRAY expressed his per fect readiness to produce all the documents required, anti entered into an explanation of the manner in which soldiers often mutilated themselves for the sake of obtaining their discharge. In this instance Sudds and Thompson, finding that mutilation would be of no avail for such a purpose,' had committed the theft in question, in order that they might be transported. This object General Darling had thought it right to defeat, and he had accordingly changed the sentence into seven years' labour in chains on the roads. He contended that the chains were not unusually heavy, not weighing 13Ihs.— that the commutation was not needlessly severe— that no torture was used, and that Sudds died of a dropSy, which would have proved fatal even if the chains had never been placed upon his limbs. Sir C. COLE bore testimony to the humanity and kindness of the Governor of New South Wales. Mr. HUME regretted that the Right Hon. and Gallant Secretary fry the Colonies had been obliged to draw such a picture of the state of our army that the soldiers were willing to undergo mutilation, and I to subject themselves to transportation, in order to avoid *Tying in it. A friend to the army would rather have keen anxious to conceal such painful facts. Sir GEORGE MURRAY had nothing to con , ceal, and had concealed nothing ; the more the con stitution and manageme nt of the British army, he ther r.,t home or abroad, was examined, the more honour would redound to it, and its commanders. 'After a few words from Mr.M. FITZGERALD, and in reply from Mr. Sirgwom, the motion was agreed to. Mr. BROWNLOW then rose, pursuant to no tice to move for leave to bring a Billfor t he General Drainage of the Bogs of Ireland. This Bill was• rendered the more necessary, in consequence of the indigent state of the laboring people of Ireland. He did not.&ntend to press this Bill through the Rouse during the present Session; but he wished to have it printed, in order to give time to Mem bers to suggest Amendments in it, and make it more useful and comprehensive, by embracing a more con sidereble range of ohjeetS.—Leave given. Mr..SUGIIOBN moved for leave to bring in a Bill to alter and amend the Law relating to Illuiory Appointments. —Leave giver'. The House then went into a Committee on the Act relating to Superannuation Allowances. • • The CHisIicELLOR of the EXCHEQUER stated that in the Bourse of the inquiries of the Finance Committee—.-a dnty which, he would say, though he was himse lf a Member of it, had been prosecuted with unceasing diligence--they could not fail to be struck with the large proportion of the ex per.se of the inefficient part of the public service t 9 that of the effective part. The whole expense_ of the effective pit of the public service was 21 mil lions; while the ine,ffective part, or, to speak more accu rately, the remuneri4n for p a st services, im posed on the country an annuai charge of fiv elf' il lions and a half. But he would gtofine him strictly ,to the particular sub j ects comprised irr the Bill he intended to introduce. The charge for super? annuation in the Civil Service now nt amoued to 500,000/. ' It was not merely the amount that was worthy of observation, but the rapid and oppres sive mode in which it had aceinvenliged, until it had rendered absolutely necessary the in of Parliament. It appeared by the returns anngtlod to the Report, that six years ago, when the Stye'' , annuation Act was passed, this charge was 340,001, a-year, while at the present period, it was little short of 500,0004 in sirs years, therefore, there had been al increase .of one-half pf the original sum. Though this increase was in some degree owing to the reduction of ofteee in pursuance of the econo mical plans of Government, _yet he thought the amount of the superannuation charge did cA dl f or t h e serious consideration of the House. The Right tur Hon. Gendem then referred to the measures taken by Parliament 6.44 Government in 1821, the result of which was that an Act was passed the fol lowing year, compelling peopps in the Court ser vice to make a certain contribution put of their sa laries to 1,7 y the basis of a superannuation fAnd.— Two y e ars afterwards , in conseq uence of the mi,fi meroils complaints of ,t4e hardship sustained by this l, reduction of the salaries, acid of the general im provement of the circumstances pf the country, that House was pleased to press on poyernment the repeal of this Act, which accordingly 104 - place, notwithstanding the efforts of the Noble f.ord'(efo derich), then Leader of the House, who stroll; ously opposed twit interference with the arrange ment. The Finance Committee, with these facts si befogs them, had only the OW; f recommending' either a resialion of the salaries.,to.sgeli „4 degree as should be barely sufficient to remunerate : the labov performed, or to adopt the.principles of. he Act 01 l 8??; and allowing the saiariea to he sornewliat! larger than was necessary fur the mere execution of', the duty, to ,compel the party to provide himself for his superannuation. In adopting the latter part of the alternative, he thought the House would agree with him that the Finance Committee had acted wisely, it w.oigd be more beneficial pop)! tQ the public and the individuals. He should conclude, therefore, by owing, "That leave be given to bring in a Bill that the Act repealing the Act Of 1822 be itself repealed, and the Act of 1&22 conse quently again brought into operation." The other part of the Bill related to the retiring pensions of Foreign Ministers. By an Act passed 'in 1840, it was provided that no individual should be entitled to a pension us a Foreign Mioister, until yeqr , after the daW a his grst appointment, and after having actually served three years. The present amount of these pensions was 60,0001. It was there fore deemed fit to impose some farther restrictions to prevent its increase. The Committee recom mended that the total amount of these pensions should be reduced to 40,0001. as soon as possible, and that that sum should not for the future be ex ceeded. This recommendation was approved by Government, and would be embodied in the Bill; which would also further provide, that no indivi dual should be entitled to a pension until 15 years after the (late of his first appointment, and that nobody should receive a pension of 2,000/. unless he had served two years as an Ambassador. Mr. HUME seconded the motion. From the very year in which provision was given by right to the clerks of offices, accumulation in superannwa tions had gone on ; and he therefore trusted that there was no lion. Gentleman in that House who would refuse to concur in the measure proposed. Sir H. HARDINGE contended, that with re spect to the clerks of the public offices, he thought they could not be fairly compared with the clerks in banking-houses or merchants' counting-houses be cause the latter had the power of mitking their for tune by successful efforts, while the former could never, in any instance, rise above a salary ; and he therefore thought that the Government c lerks had a right to expect to be rated at a higher s alary than a private clerk. Mr. MONCK thought that public clerks were quite well enough paid. Mr. W. SMITH had been informed, that when the offices of the St. Catharine's Docks were to be ' filled, upwards of one thousand clerks had a pplied for situations, and it was therefore pretty e vident from this that there was no• dearth of them. Mr. PEEL thought it highly 'necessary that those appointed to pnblic officeS should 'receive such a sa lary as to enable them to appear like gentlemen — (Hear, hear) —and it was in this respect that this country had so great an advantage over every other. In his opinion the salary was, generally speaking, too small---(llm,hear)—and after giving four and twenty years of their service to their country, they were only entitled to retire on 3001. a-year. Mr. Alderman WAITHMAN said, that in pro posing to cut down the salaries of the Government clerks, they were beginning at the wrong end — catching the small fry, while they suffered the large fish to escape.—(Hear, hear.) Mr. MABERLY approved of the measure, be cause it was general. The Resolution was then agreed to, and the House having resumed, the CHAIRMAN moved fOr and obtained leave to bring in the Bill. •On the motion of Mr. S. RICE, a return was ordered to he laid before the House of the names of the Butter Tasters in the several ports of Ireland, and their emoluments. ORDNANCE ESTIMATES. On the motion of the CHANCELLOR of the EXCHEQUER, the Report of the Committee of Supply was brought up by Sir A. Grant. On the Resolution being read for granting the sum of 24,935/ to his Majesty for the salaries of the Master-General, the Lieut.-General, and the other principal officers of the Ordnance, Mr. HUME, for the purpose of having his opi nion recorded in the Journals, and without any in tention of pressing the question to a division,. moved two Amendments—the one to reduce the sum to 24,3351. ; the other to omit the words " Lieute nant-General." Mr. JOHN WOOD pressed the necessity of a reduction. Mr. MABERLY regretted the evident indkpo sition of the House to take a single step in the re duction of the public expenditure. After a few words from Sir H. HARDINGE, bOth the amendments were negatived, and the Resolu tion was agreed to. Several of the succeeding Resolutions were agreed to without comment, among others a Resolution for granting the sum of 78,849/. for the remainder of the Ordnance Extraordinariesi. On the Resolution being read for g raudiC the sum of 20,237/. for the expences of the Barrack Department, Mr. HUME wished to know whether it was in tended by his Majesty's Government to carry into effect the recommendation of the Finance Commit tee with respect to the reduction of the pay of Bar rack-Masters on foreign stations ? Sir H. HARDINGE said that, it was not. Mr, MABERLY admitted that the Finance Com mittee had dealt out a severe economy on this sub ject ; bnt as his Majesty's Government had pledged themserves to attend to all their recommendations, with the exception of that respecting the Lieutenant- General, he thought that they were bound to redeem that pledge. After a few words from Sir H. HARDINGE and the CflaiScaLoß of the ExCEEQUER, the Resolu tion was agreed to, On the Resolution being read for granting the sum of 30,0001. for the military works at Kings ton, in Upper Canada, and at Halifax, in Nova Scotia, Mr. E. DAVENPORT • was desirous of know ing, if the Right Hon. Gentleman coal give the House an assurance, that the estimate on this sub ject would not be exceeded ? Sir H. HARDINGE said that the probalsility was that it would not be exceeded. Mr. ROBINSON wished to take this opportu nity of entering his protest against the doctrine broached last night. He thought it was absurd and ridiculous to say, that the time was now come when the question ought to be put to the colonies, whether they would separate from the mother country or not. Even if gentlemen regarded the colonies merely as a matter of pounds, Shillings, and - pence, such a pro= ceeding would be most unwise. After a few words from Mr. MABERix and Mr. W. .. • Mr. HIJME moved as an amendment to the Re solution, " That it is in expedient, considering the present financial state of the country, to engage in erecting military works in British North America requiring so large a sum as 2,833,6901." Mr. WAIT HM AN opposed the-grant. PA.LMER said the Government had been led into this expence, and it was now the duty of the Hopse to contronl it, Mr. XIQNCK opposed the grant, Mr. WARD thought that Government had se" lected what • 'would - ultimately prove t h e n h ea pgst and best mode of defending the Canadas. After a few words from Sir M. W. RIDLEY, Mr. BgETT, . and Sir E. OWEN, the question was put and carried s7:;thout a division. The next vote, that sqtrn not exceedi ng 135,000/. be granted for improving,• in - 62 ,the communica tion. 4 between Montreal and Kingston, ;was eari'ied without a division. CORPORATE FUNDS' BILL. Cor Fund The larder of the D a y was then read for receiving the Report upon th p e u Mr. S. RICE brought p oratethg.l4 'Bill. F Mr. FYLER considered the Bill as unjustiffaW interference with vested rights, and of a nature simi t9 the many Bills recently passed with reference to the iigi4 of Corporate Bodies. He should move that the pt be 1 . 04 tbqr day three m ont h s . Colonel ~1T4.Q11? felt 'N43 .d ,aty to op pose the Bin, Mr. S. RICE sg.Ppcfeo Oe Moion. Mr. ROSS opposed the Motion, and contendpd that • g the Hoh. Alember for Northam n ouht that tc) have taken . the course he had tak p en to with re spect to th)s• ig4BEw.y defended the conduct of his H on . - Relative, who was now 4hsfint with his Regi ment in Ireland. deprecated the unfair and 1. m anly course taken by the liop. Member with re- spect to his Hon. Relative. The SPEAKER—" Order, order !" Mr. MABERLY—Sir, I beg pardon of you and of the House if I have been hurried by my feelings into any improper expression. I certainly did not use the word " unmanly" to the Hon. Member. The SPEAKER—The Hon. Member used other expressions besides that to which he alludes. Mr. MABERLY—Sir, I am ready to apologize to you and to the House, for any hasty expressions I may have used. Mr. ROSS—I beg to ask the Hon. Member if, in begging pardon of you, Sir, and of the House, he means to exclude me ? Mr. MABERLY—Sir, when I apologise for an expression hastily used, I mean that that apology should be unqualified.—(Hear, hear.) Mr. D. GILBERT supported the Bill. Mr. TRANT could not consent to the establish ing of a new law on this subject, unless, indeed, it went a great deal farther, and declared it illegal not only for Corporations, but for all combinations to supply money to procure the return of Members. After a few words from Mr. C. PALLMER, which were not heard, the House divided— For the Amendment ll Against it: 3O Majority. —l9 The third reading of the Bill was fixed for Thurs day. INSOLVENT DEBTORS IN INDIA. On the motion of Mr. WYNN, the Report on the Insolvent Bill (India) was brought up, and agreed to. Third reading on Thursday. IRISH BUTTER TRADE. The Irish Butter Trade Bill was read a second time, on the motion of Mr. T. COURTENAY. Committee on Thursday. The House then proceeded to the other Orders of the Day, which being disposed of, the House ad journed at a Quarter to Two. PARLIAMENTARY PROCEEDINGS. HOUSE OF COAINIONS. NOTICE OF MOTION FOR THIS DAY. Mr. Robert Gordon—Bill to enable the Corporation of the City of London to prevent the passing of carts, waggons, drays, and carriages, through Smithfield, during so many hours as they shall think fit, on Mondays and Fridays. ORDERS OF THE DAY FOR THIS DAY. 1. Supply—Committee. 2. Ways and Means—Committee. 3. Liverpool Road Bill—Report. 4. Warden of Cinque Ports Bill—Report. NOTICES GIVEN YESTERDAY. Tuesday, July 15. Mr. O'Nei:l—That the grievances and distresses of the proprietors of Kelp in the United Kingdom require the immediate consideration of his Majesty's Govern ment, with a view to afford them due protection from Foreign Alkalis. Thursday, July Lord John Russell—Address on the state of Ireland. The Duke of CUMBERLAND and the Duke Of CAMBRIDGE left town together about six o'clock yester day morning, in a chariot and four, for Wormwood Scrubs where their Royal Highnesses, on their arrival, reviewed the 2d Regiment of Life Guards ; the Duke of Cam- BRIDGE, after the review, proceeded to Kew to visit Prince GEORGE of Cumberland, and after breakfasting with the young Prince, proceeded to the Royal Lodge, in Windsor, Park, on a visit to the KING. Lord STUART DE. ROTHESAY had an audience yesterday of the Kuso, at the Royal Lodge in Windsor Park, and kissed hands on being appointed Am bassador to the French Court, and it was understood his Lordship took leave of his MAJF.srr. His Lordship re mained to dinner with the KING. Viscount LoWTII ER had yesterday an audience of his 111AJEsry, to take his commands on matters relative to the office of Woods and Forests. His Royal Highness Prince LEOPOLD gave a grand entertainment on Monday evening at Marlborough Hone, at which most of the members of the Royal Family, nearly the whole of the Foreign Ambassadors and Mini sters, and a very numerous assemblage of the Nobility and Gentry, were present. The suite of state apartments and the grand hall, as on the two previous entertainments, were Used as a music-room, and were brilliantly lighted by ele gant branch chandeliers, &c., as well as the two grand staircases leading to the gallery of the grand hall. A con cert was performed for the gratification of the distinguish ed party, by the most eminent singers, which concluded about a quarter before one o'clock. Among the company present were, the Duke of SUSSEX, the Duke of CAM BRIDGE, the Duke and Duchess of GLOUCESTER, the Duchess of KENT, Princess SOPEIA MATILDA, and the Bishop of ROCHESTER, PROVIDENTIAL ESCAPE.—Between twelve and one o'clock this afternoon, as a gentleman, accom panied by his lady and a fine child, were proceeding past Exeter 'Change, exactly opposite the Sox Newspaper office, the horse suddenly stumbled and fell on his left tide. The gentleman instantly jumped out and assisted the lady to alight, while a Mr. L. T. GASKILL, who witnessed the accident, ran to tke chaise, and held down the horse with one hand, and with the other succeeded in rescuing the child from his perilous situation. The parties escaped with some slight bruises, and after the horse regained his legs re-entered the chaise and drove off. EAST INDIA HOUSE.-(THIS DAY.) -A Special Court was held this morning, pursuant to a reso lution of the last C•urt, for the purpose of taking a ballot on the motion made by Sir Cuanuts FORBES at a previous Court, for restoring the confidence of the Court to Capt. Parscorr. The motion was to this effect—That Capt. Pnitscurr having been acquitted by a jury of his country of the charge of corruption relative to the disposal of pa tronage, ought to be restored to the confidence of this Court. The ballot commenced at eleven o'clock, and will end at six this evening. It is understood that none of the Directors will vote. From the general feeling entertained in favour of Capt. P. little doubt is entertained but that the motion will be carried. THE QUARTERLY DIVIDENDS.--This morning the dividends commenced paying at the Bank of England, and were much larger in amount than those paid last quarter, exceedinz sine millions sterling, the interest on Three per Cent. Consols, (one of the Stocks on which the interest is now due) being by far the largest portion of the public debt. In addition to the Three per Cent. Consols, dividends on the following Stocks are now in course of payment. The new Four per Cents. the Three per Cents. of 1726 ; Life Annuities, Three per Cents. of 1751. Di vidends are likewise due on India Stock, and old and new South Sea Annuities. The Dividend Warrants for the Banking Interest were delivered yesterday. There wag a pretty full attendance at the Bank this morning of parties to receive dividends. Mr. CHARLES BUTLER has addressed the following letter to the Secretary to the Committee of the Friends of Catholic Emancipation at the Crown and An chor Tavern, Strand, in reply to a letter inclosing a reso lution of thanks voted by the Committee to the Learned fientleman, for the ready application of his consummate legal ability and research to the illustration of the state of the law respecting the eligibility of Irish Roman Catholics toserve in Parliament " Lincoln's Inn, July 7, 1828. " DEAR .Strt—l beg to present my thanks to the Com mittee of the Friends of Catholic Emancipation, for the re solution which you have transmitted to me by their desire. I consider it most honourable to me; I feel myself pblil,red by it; and I present them my sincere thanks for it. My opinion, though finally committpd to paper in a great hurry, was formed after much serious consideration ; what I have beard since it has been before the public has con firmed me in the sentiment it expressed. I beg the Committee will command my services in any mann:v OW think. proper. I take leave to assure them of my high respect, and tv,y earneit wishes fqr the success of their labour~ in the noble cause in which they are ehgag,24. " I have the honour to be, "Yew li.-red and humble Servant, " Was. QUIN' Esq." " CHARLES BUTLER." 1 13-TEL — On Monday last, at Settle, the wife 4 ,, c7 with ht e 0 , 1 ( 1 ) . ! er t "rea:ecl doinglildn,svt l o ,— gir 1 1 v s e a s n t d_ morelalid Advertiser. •' On Monday last week, a herd boy following cattle in the river Airless, stumbled on a bag which was found to contain the body of a male child, in such a state of decomposition, that it was imposale for a medical gen, tleman . who examined it to ascertain whether it had ken bun alive. girl. named FLORA Mu xxo, apprehended On suspicion, has admitted that she is the mother of the child, which, as she says, being grill-born, she threw dyer the bridge of Alness; she is committed to the gaol of WTI fur trial. —.lnverness journal. CLARE ELECTION. FIFTH DAY OF THE NEW ERA. LAST.DAY.—;SA'ruxnnr, JULY 5. GROSS F'ol.f.. For Mr. O'Connell 2,057 Mr. Vesey Fitzgerald Majority for Mr. 0'C0nne11...1,075 At length this contest has terminated, and the High Sheriff has declared this morning Mr. O'Con nell duly elected. The votes for Mr. V. Fitzg-erald were completely exhausted, but Mr. O'Connell had a large store of 40s. freeholders in reserve. This morning the High Sheriff and his Assessor called on both candid ates , to argue before them a protest, which had b een l o d ge d by several .free holders against the return of Mr. O'Connell. Mr. O'Creagh, jun., and Mr. Doherty, attended as Counsel for Mr. Fitzgerald aad en behalf of the free- holders ; but Mr. O'Connell declined to appear either in his own person or by Counsel. The fol lowing is the protest : TO THE HIGH SHERIFF OF THE COUNTY OF CLARE. In as much as Daniel O'Connell, Esq.,isa Per;onpro fessino• the Roman Catholic Religion, and, as such, cannot qualify to sit in the House of Commons of the United Kingdom, even if he were elected; we, therefore, give you notice that the election and return of the said Daniel O'Connell to sit in the House of Commons of the United Kingdom, under the writ to you delivered, will he illegal and void ; and we do hereby call on you to return the Right Hon. Wm. Vesey Fitzgerald, he being the only qua lified candidate in nomination. (Signed) William Fitzgerald John Singleton W. H. Stacpoole James Tynous Burden Blood Andrew Stacpoole Augustus Wuter Cornelius O'Brien George O'Coghan William Butler, clerk Win. Wuter Robert Goblett, clerk Thomas Crawe Charles Mahon John Fitzgerald Cornelius O'Callaghan Charles Studdart C. Doxan Daniel England James Fitzg erald Francis Gore, jun. Joseph Blo od Richard Studdart H. Butler William Scott Thomas Browne Charles Creagh Chat les Borlty James Creagh J. M'Namara John S. Vandeleur Thomas Studdart M. Furnell George Studdart Poole Dickeman Robert Kean John Whitby Arthur Capys. The following was also put in :- 1, George Doxan, of Conudatban, in the barony of Clon dalam, of this county, do swear that I have read an ad dress in the Dublin Evening Post newspaper of the Ist day of July, in the present year, signed Daniel O'Connell, and directed to the electors of the county, with a view, in this deponent's firm belief, of inducing said electors to vote for him at this election. Deponent saitb, he believes t h at Daniel O'Connell, Esq. one of the candidates for the Re presentation of this county, was the person who wrote and composed said address, and that said address was published through his means, and by his instigation. Deponent fur. , ther saith, it is stated in said address that the said Daniel O'Connell is a Roman Catholic, and that he declares,that he would never take certain oaths, now by law necessary to qualify and enable him to sit and vote in Parliament. (Signed) GEORGE . DOXAN. A further affidavit was put in, certifying that Mr. O'Connell was, at the time of his taking out his cer tificate for the bar, a Roman Catholic, and that he entered himself, and took the oath as such. Mr. CREAGH and Mr. DOHERTY, in support of their application, quoted the 41st of ceo. 111. chit?. 52, 2d and Gth sections, and contended that a person disqualified front sitting, or voting in the House of Commons, was equally disqualified from being elected. They also referred to the case, of Hunt, in East's Reports, in which Sir Thomas Mostyn, a minor, was returned by the Returning' Officer, having the greatest number of votes, but he being under age, and that fact being notorious, the. House of Commons decided that the Return was void and bad, and that it was vexatious ; and it was also:coa tended by them, that it was notorious that Mr. O'Connell was a person not in ease for the purpose of this election, inasmuch as he declared on the hustings, that he would not qualify himself accord ing to law. Mr. KEATINGE .(the Assessor) begged leave to say, on the part of the High Sheriff, 'that Mr. O'Connell made no such declaration ; he and the High Sheriff were aware that a question as to eligi bility might be raised, and be felt it his duty to watch the progress of Mr. O'Connell's address from beginning to end, and it struck him that the question, whether Mr. O'Connell would or would not take the oath, was cautiously abstained from. Mr. O'Connell addressed the freeholders as if in the presumption that no disqualification existed against to m. One of the Learned Counsel (Mr. CREAGH) stated that Mr. O'Connell said in his address— " Now, choose between me and Mr. Fitzgerald ; he will take these oaths. I would sooner die than do 91 so. The ASSESSOR said he recollected the words, bu he did not think they went to the extent contended for, and, at leasti he would require an affidavit of the exact words. Mr. CREAGII said he was ready to make himse :he affidavit, and then Another Learned Gentleman went on to argue that there was no distinction between persons no toriously disqualified, and that the same objections which lay against clergymen and minors, on the ground of notoriety, also lay against a Roman Ca tholic refusing to qualify. The 30th of Charles 11. recited, in language not to be misunderstood, that a Person refusing to t a k e th e oat h s co uld not sit in arliament, and it was to be gathered from the lan • guage of that Act, and all subsequent legislation, that a person so disqualified was disabled from being elected. In the 6th section it was stated in direct terms, " that any person declared incapable of being elected, such person shall be disabled from sitting and voting in the House of Commons," and he called on the High Sheriff not to permit so solemn a farce to be performed as that of returning to his Majesty's writ a phantom, a person declaring him self not qualified. It was too absurd to suppose, that the payment of a penalty could legalise an illegal act. The objections they contended were in time, though they might /lave been made with equal force on the nomination day, but Mr. Fitzgerald was desirous to show a certain portion of the county de claring in his favour. They therefore called upon the High Sheriff to return Mr. Fitzgerald, against whom no disqualification existed, and abstain from making a return which would only be a mockery to the world, and make the county a laughing stock to the whole empire. Ihe ASSESSOR—I feel the serious responsibility which is cast upon me in this peculiar case ; and I also feel it is necessary I should fully and publicly declare the grounds and reasons on which the deci sion which lam about to give is founded. I feel it unnecessary for me to disclaim all motives of every kind—l mix myself up with neither party, and I come to my decision, h owever i t may b e dissatis factory to either Mr. O'C onnell or to Mr. Fitzgerald. I am here fearless o f consequences, without looking to the right or t o th e l e f t, an d care l ess o f w ho is or• who is not displ ease d . Th e quest i on w hi c h the tligh heriff has to decide is, shortly whether IN.r. O'Connell is, or i s not , q ua lifi e d to be elected to sit in the House of Conireons ? I say qualified to be elected, because, in the course of the argument the qualification to be elected, and the q ualification to sit, and the qualification to vote, have been con, founded. I say, as the law now st i ands, a man ma n y pali44 for one or thp for all • and this ni bapty judgment of mple, tor I 0101 call your attention to the 46,.ets of Parliament, in which these three steps of election, sitting, and vot i ng, are that if any person here decided. The first Act of Parlia ment °ther' referred t that of the 41st of Geo. 111. cap. 52, sec. 2 and 6. The sixth section was commenced with, and it says, tNorbt h et lee dis n a a b c i t e e d d, from, or rendered Inca pable of s itting or voting in the House of Commons, shall nevertheless be elected or returned as a Mem 4Adneedlairwedit whiel e i nter ir 4 , not 11O w her to serve in Parliament, such election or return if on hereby enacted and declared to be void to all intents ' urination thewemo and purposes whatsoever; and if any person or per- in a eeedin ___ sons so hereafter returned or elected, and declared to pers oed ! , be disabled by this Act to be elected, shall presume friend, ex rega r d res to sit or vote as a Member of the said House ' thank . 1. ,_, you ') A s ir. of Commons, such person so sitting and voting which this demi shall forfeit the sum of 5001. for every day bou n d to bear i on which he shall sit or vote in the said tialis y rss_ h ave House." Now, it is material to observe, that sen s o r u n the object of this Act of Parliament is to pr . event ' t o am unw so persons holding certain situations from sitting in the suin,l respect :g thk House of Commons. This Act expresses the three ho unek e e a trac nd. fe B stages ; and, it being the intention of the Legislas to uc h ed , y calun tore that a person holding a particular situation ren- T o ley own es dered him incapable of being elected, it would have man Y a struggle, been the High Sheriff's duty to reject him as a can- es —l el weakness, didate. It would have been his bounden duty not ec ' n eetaied in pi to put him in nomination. The second section is to iris To my m this effect :—" And be it further enacted, that from , h onour of prapot and after the passing of this Act, all persons dig- , indebted; ailed from, or incapable of being elected, or sitting le i nsen,who has and voting in the House of Commons of any Par- sk s , , '. ---"' k have been liament of Ireland shall be disabled from, and being , s n -e "lifirta. From tl capable of being elected, or sitting and voting in . a Liaelislable situ the House of Commons of any Parliament of the , p e° l l le of Clan United Kingdom." I cannot agree with the Learned ' (N o. 00.)....A Counsel's construction of this section. Then the the y s, intimidated material question arises, and we are called on to say ° " i nitnidation. that Mr. O'Connell is not capable of heingelected, and the ntws , this incapacity arises from his declaring that be never k prospect of s there is ri will tak re sents [oahs required bylaw. Some little dif- ra s ik a , ficulty p itself as to the precise words used by i reformet rap that I do Mr. O'Connell ; but I shall give the argument on a radical the broadest grounds, and I will take it, that at the b e as; -- -41 that the' time of his making the declaration, it was Mr. .... 4 , O'Connell's determination not to take a certain too sby the II: nobl e . and 1 oath; now we are to see whether he, being in that su c h feelin t situation, is capable of being elected. They ,have so lo _ g's referred to the case of a minor, in which notice was the "la entere f reeLders , given, and by the Statute Law, a minor is not only scen es which I incapable of voting and sitting, butof being elected, ' are these imuts and that is:clearly laid down in the 7th and Bth sec- th ey p occasio tion of. the 10th and 11th of Wm. 111. Now I. n whi ch y H nutober of th ou art shall see what Statute effects a Catholic in sus , • jure; the 30th of Charles H. is the Act relied on : I, aeave , _ard in las - -- but neither it, roc any. other Statute which has been h -1 the blood offered to me, declares that a Roman Catholic . axis you, Sir, cannot be elected. Has Mr. O'Connell done any N ot one. If act up to the present moment to preclude him from . T . must have het sitting or voting ? None, by any Statute in which th at , -- tnere has t disqualification is declared. And now, since and yet we w much has been said on the point, I will give my 50,000, a 60,000 opinion as a lawyer, that Mr. O'Connell never who had col can be permitted to sit or vote in the House of sought it like ar, Commons, unless he takes the oaths prescribed by obt a i n i t. mil the 30th of Charles 11. Though th a t i s m y o pi n i on , ' example! It s the Sheriff cannot take upon. himself to do that the propriet of which is neither authorised by the Common Law W e e Was y ths nor the Statute Law. There is nothing against a it s t ranquillity Roman Catholic sitting in Parliament, but there is people? The a test which he must take when there, and without pee p to spiril which the House of Commons will not recognise P r essing upo il him : but he must be in the' House to take that most c aused a oath; he cannot take it until he is there; and have n ot we a right to determine, a priori, that any individual tr ac t / dsin , oes this I in a " will not take the oath, when the time in which be E ngland l I 1 can take it is not yet arrived ?It remains only, then, a state of the to be determined what course the High Sheriff of service of dar this county ought to pursue if we were sitting at an to give. their election in England, where an officer has the power are often the to make a double return. If we had the power, I elections. Lot would advise the High Sheriff to give one return for of Clare. Se( Mr. O'Connell and another for Mr. Fitzgerald; but been in all tha that course is not open to a Sheriff in Ireland, and o- fr ence 'to the T we are not permitted to make a double return to ward like men the King's writ. We must selecs between one can- and it has bee didate and another and if Mr. O'Connell shall have, ouch a cause. at the close of the poll, a majority of -qualified been the meat votes, I will advise the Sheriff to declare him duly ae.,, been said t elected. But in this novel situation, I - will advise i - would gladly the Sheriff to state, on the face of his return to the A ssessor, and writ, that after having:given notice to the freeholders, Judgment was two candidates were proposed, Mr. V. Fitzgerald ; a net yet touches .Proteitant, and 'Mr. O'Connell, a Catholic; and e rarpose of sati that the latter announced that he was a Catholic; and vletion that I further, that a Protest against his return was lodged in the Hous by a certain number of freeholders; but that Mr. , oi l y p ena l ty ‘ O'Connell had a majority of qualified freeholders at Statute of C the termination, of the poll. What responsibil ity , tngland and the gentleman thus elect e d may i ncur for, in tne thee Act for words of the Act, presuming to appear in the House , imposed on u of Commons without taking the oaths, is beyond my however, eta( office to inquire. I have now given my opinion on and e ,„. thus th e I this novel and important case; no man s judgment Catholics. is free from error, and mine is liable, as well as that ac i d les_ T . 1 1 ' se of others; but I have given it, fearless of conse- until the: 1 Unit quen , ces to the best of my conv i c ti on a nd reason.— th e Uited r (On the conclusion of this address, Mr. Keating was th en n cr much applauded, and severa l o f t h e f ree h o ld ers at Accreated W h op , both sides complimented him on the impartiality of di --r ests the oa'tl his judgment.) r ains no disab Polling went on languidly during the entire day ; never b e im lil but it was not until a late hour that th e term i nat i on b ut there p here m ust .of the contest was announced. I nstruct i ons h a d I h r'ng the been given to clear the to wn o f th e f ree h o ld ers w h o I g ;, ve t o the I had voted, and preparations had been made to bring a n sew penal I up the unpolled on M on d ay . I t ap pe are d, however, said that no at six o'clock, that Mr. Fitzgerald's friends were I lion the Thirt completely exhausted; and, to the surprise of the th e Right Ho crowd, who thronged, as usual, to hear the speech- C atholiccs fron ings at the hustings, it was declared that the elec- of the Treaty tion was over,, and that . Mr. O'Connell was duly speak of the g elected. This news occasioned a burst of Applause, se rve the rigb which communicated to the multitude outside, an d d T reaty of Lin the whole town rang with acclamations. Mr. V. a n d ifthe Pa Fitzgerald and his friends, including Sir Edward Act, they hit O'Brien, and a great portion of the landed respects- ails ''s and ou bility, appeared for the only time since the first da y fe , s-heers.)—l of the election, and the High Sheriff, also under the is 4 ea msure s ame circumstances, to o k th e Ch a i r . M r . O'C on - fast acts wiii nell was accompanied by Mr. O'Gorman Mahon, 0 In - 1782, It chieftain-like fine young man, with •his green scarf, h awing the and by his seconder, and several other gentlemen of right she she station in the county. Mr. Fitzgerald, notwithstan ST al it is rigl ding, look e d i n t h e b est tem p er , an d s p o k e t o his of Ortunen friends about him like one unmortified by defea't. u nit u oi ,';" the wle The lima SHERIFF announced the gross poll to f i S, ner comin be--for Mr. O'Connell, 2,057 ; and for Mr. Fitz -4.4 ri gerald, .982 ; and declared that Daniel O'Connell, kia sh si s C a tholic, Eso. was therefore duly elected as a Knight to re t4Parental I present tile county in Parliament. This announces ,sit,reot quo t of Rill ment was received with the usual overwiseltielog tia -- marks of approbation, amid which tle E p i t . boon t Mr. O'CoNNaLT. addressed the meeting—ls it plstian col the ordinary phraseology on an occasion of this de- , idrliament a scription—if an occasion of this description be a ti d e to any matter of ordinary occurrence — to say, that the feel- ie, sacrifice that language ings are too great for utterance, . an d lik the on e is unable to describe the emotions of the mind. I f h o s . ~.s I were alone p e rionally concerned in this electian, Pp 7 practice such a form of ex pression might answer; but I con! th s Speaker fees my total inadequacy t se toaak e it to give breath to what s oii t wou ld t feel, whoa I recollect that I stand here the Repro- , kit a seetative of the county of Clare, not from any per', i n p a sonal merit alone, but because I represent the great b.: 4 - . li me n cause of the people of Iteland.—(Cheers.)—l have oa ss t ,S . w ho w, lono . b ee n the virtual Representative of my Country' 11 (Hee "re the li; me 75..... 0 f their wrongs, their woes, and their hopes ; , 4n ti that h ig t but now for the first tune it is allowed me to call my' less t 'ire ardent! seifyouraetualßepresentative.--(Cheers.)—lflhef fre ers spent the greater part of my life, and devoted a great ' n atl . : o ftt portion of valuable pipperty to your eaose, I OW4 that 0._ to th e . lam now richly rewarded,. because I feel that I *hal ......"s,t2_oreistit ] be of bene fi t to my a ffl icted country. (Cheers.) of (C heers.) ers.) This first expression of sentiment being past over, , Ur its ab 'veil( allow me to return to ordinary topics; and the firs . o s roigatic thing I hare to do is an act of justice to my Righ t 0 : yi s ir iame Hon. opponent. I declare it solemnly, that theri otl q t a t; unju mixed no personal feeling in my essertion of what 1. lords P4ce deemed a public cause; and if' in the beginning 0 it _ a here al the contest Ole'? was any thing which felt harsh t o Thee b etter v his ear, I wish it were forgotten. And when I 10. 1 ' . d y back, from my heart I desire to see it expunge . v , m are Irii (Hear, bear.) As to his qualities as a private ge;: e ' 4,.5.D, their are tleman, as to his claims to your county, which e. ' tea t s n a ir , ONVE had four times represented, he is stainless and irr a Ear nt s b proachable ; and if I differ from him, it is only as t will elin aa public man, and because my conscience and du . Yr,: l_ u ga, an( compelled me to oppose him. I wish I could blot ..se.—(C out whatever of harshness was connected with this :! 11 . e . ction 0 contest. 1 wish I could pour Lethean waters roe!, 1 01 1 gof tl 7 - the Ma the slightest unkindness which took place. I will . g