The Sun. — London, England, 1844-03-15 00:00:00

decide upon the guilt or innocence of the contend ing parties. It was first introduced in the sth cen tury, by the Burgundians, in order to supply the de ficiency of the law. The courts of law, which were the vindices injuriarwn, provided remedies for offences against the person and against property, but where a man's honour was attacked no remedy was provided. There were a thousand ways in which a mans honour might be so impugned that he could not sit tamely by and endure the imputations cast upon him for which the law ought to provide a remedy, but it had not done so. There were codes of honour regulating the practice of duelling, but it was evidently an ah - - surd practice, for it made no distinction between guilt and innocence. He was aware that some per sons cast ridicule on courts of honour, but they *ere established in many countries, and were found to be of advantage. In the army of the Emperor of Russia no officer could . fight a duel without having recourse to a court of honour; and in former times in this country there was a tribunal of a somewhat similar nature, namely the court of chiihlry. Judge Blackstone said that duelling would not be put an end to till some means was devised which would, in the eyes of society, give an injured person equal repara tion to what a recourse to duelling was now supposed to afford. He thought that if a court like that to which he had alluded were established it would ac complish this object. The nature of every quarrel would be brought before such a court, and the judges might draw up such an apology for the insult offered as they would deem adequate ; and if the offending party refused to make the apology, the facts would be published, and the injured individual ' would thereby be righted in public opinion. -(Hear.) If the Government are really anxious to put an end to duelling, he believed that means could be devised for effecting that object. He would suggest the ap pointment of a court of honour; a jury might be selected who were as nearly equal as possible in sta tion • to the parties concerned, and who would there fore be able to decide in a satisfactorily manner upon the question brought before them. Sir R. PEEL said the Hon. Gentleman proposed that the House should pass a resolution declaring " That duelling is immoral in its tendency, that it brings into contempt the laws of the country, is con trary to Divine command, and ought to be abolished." He hoped that the House would pause before it dealt with offences by means of resolutions.—(Hear, hear.) It was a dangerous precedent for them to establish to decide what was or was not in conformity with the Divine command.—(Hear, hear.) It was an easy and compendious way of dealing with criminal offences. Their proper province was to prohibit by legislation that which they thought ought to be pro hibited, and it was a dangerous example to establish to denounce by resolution that which, in their judg ment; ought to be suppressed.—(Hear, hear.) If resolutions were not effectual for their purpose, if they were "practically diiregarded, and they had no power of carrying them into - effect, the passing of them could not but tend to lower their character as a Legislature. Let them suppose that they passed this resolution.. How were they to - enforce it ?—(Hear, hear.) In the casenf'officers in the public employ, and Servants of the Crown, it 'might be possible to exercise some influence _; but how very small a pro 'portion of society was amenable to this species of control. The great mass'of men would be perfectly unaffected by a resolution, and if they failed in their object, they would not only - establish a noxious pre cedent in undertaking to determine by resolution what was or was not an offence in-law, and, above all, what was contrary to the Divine 'command ; but they would give a practical proof that their: authority was inef fectual.—(Hear, hear.) Upon this general ground, therefore, applicable not only toduelling but to offi cers of every description, he deprecated the denounc ing of certain acts by resolution§ Of that House. But the Hon. Gentleman who• had proposed the reso lution' said it was his intention to bring in a Bill on this subject. If' he contemplated the pos sibility of dealing effectually with this offence by means of an enactment, why did he preface his mo tion for leave to bring in a Bill by a resolution ? (Hear, hear.) If legislation ;Could be effectual, the resolution was unn'ecessary.z--(Hear, hear.) If the Hon. Gentleman, havingpassed his resolution, should proCeed to legislate, and- should fail in . legislating effectually, he thought his resolution would stand in a rather awkward.position, through his being unable to give effect to it by any substantive enactment.— (Hear, hear.) Taking either alternative, therefore, he ' did not. see what they could gain by pass ing ' this resolution. Having made these re- Marks, he must say that he thought the mat • ter was one deserving of the most serious considera tion, and that if any remedy could be applied, it was the duty of that House to give the subject their best attention.—(Hear, hear.) And if the Hon. Gentleman would, upon a future night, submit to them his plans with respect to legislation in the shape of a Bill, he would undertake to say that no impediment should be offered to its introduction, though he must of course reserve to himself the full discretion of forming an opinion as to the policy of 'the measure which might be proposed. The speech of the Hon. Gentleman had not diminished the doubts which he entertained as to the probability of success. —(Hear, hear.) He had only shadowed forth the enactments which he thought might be effectual. . The first was a law providing that in no case should capital punishment attach to duelling, excepting where two persons fought without seconds. Now that pro posal only deepened the impression which he enter tamed as to the extreme difficulty of dealing with sub jects of this nature by means of legislation.—(Hear, .hear.) He 'was very much afraid of adopting any legislation which should appear to give a sanction to duelling, however it might be conducted.—(Hear, hear.) If the good sense and the moral feeling of society were opposed to duclfing—if there were a diminution of the practice—he was afraid lest they should encourage by legislation that which the- tone of socity was practically prohibiting.—(Hear, hear.) Suppose they were to pass the law to which the Hon. Gentleman had referred—suppose they were to declare, that if in the heat of excitement, if in a mo ment of irritation, pistols being within reach, parties should fight a duel, they should be liable to punish ment, whilst those who went home, deliberately, se lected their seconds, and fought according to prescribed usages should be excused, it would be very difficult to pass such a law with out appearing to lend an implied sanction to the practice of duelling, when conducted accord ing to established rule.—(Hear, hear.) Ger ' tainly the - policy and the principles of English law viewed with comparative indulgence the man who gave way to the influence of passion. Take the case of Lord Byron and Mr. Charlton, who retired im mediately, without seconds, in consequence of a dis pute. The law would view with more toleration an offence committed in the heat of passion, than the de liberate appeal to seconds, and a duel fought, after wait ing three days, according to rule. The tone of society Might have great influence in this matter; but when they were dealing on such a subject by 'legislation, it was exceedingly difficult to enact that, under cer tain circumstances, favour should be shown, without appearing to imply an opinion that the practice under those circumstances, was entitled to indulgence.— (Hear, hear.) The very mention of seconds in the Act of Parliament must have that effect. An Act of Parliament on the subject must be drawn up techni cally, and construed literally ; and to use such words as principal and seconds in the manner that he had mentioned would have an opposite effect tp that which was intended. Now there was another sug gestion made by the Hon. Gentleman, to which he thought all solvent men would object.—(Laughter.) He proposed that if a man fell in a duel the surviving antagonist should be liable to pay his debts.— (Laughter.) Now that proposal was certainly more favourable to the man who was extensively in debt ,than to the man who had no debts to discharge. With regard to another motive for duelling, he thought the crime w as now a l most at in end. The most pesti lent man now in society was the than who attempted to make a reputation by duelling- 1 -(Hear, hear)—and it very often h a pp ene d that this man was, in truth, the greatest cow ar d. He thoug ht 'society would now treat this class of p ersons w i th If, cont empt,rather than hold them in admiration.h ow ever, ey said that a party should be liableto pay the debts t of the person whom he had slaughtered, all he could say was that he who wanted to establish a reputation by duelling would take care to select as his antagonist a m a n who was perfectly solvent. When the Honourable Gentleman mentioned this as an enactment which was likely to be effectual, he must say that, • it did not increase his confidence in the ef ficiency of legislation. Now these were the only two enactments which the Hon. Gentleman had suggested. With respect to the proposal of the Hon. Gentleman who spoke last—the establishment of a court of honour—he was afraid that there would be great difficulties in giving any legislative sanction to an institution of that description. It might be a false notion of honour, but he thought they would find it impossible to induce gentlemen to seek by such means reparation for an offence which had wounded their feelings. He thought it would be much better to ap peal to the honourable feelings of the man who had offered the offence than to any other parties. He thought it was' much more probable, in the present state of society, that if an offence had been offered in a moment of heat the party offering it would yield to an appeal to' admit that he was wrong, in order to prevent the necessity of any further appeal, than that an,amicable settlement of the dispute would be se cured by an appeal.to a court of honour. In ancient times he believed there were courts of chivalry to which appeals ofthis nature were' made ; but in those times certain regulations were enacted for the conduct of duels, which were afterwards abolished—(Hear)-- and although a court of honour was recognised at' former periods, he did not think that it could be transferred to our own times, and he was very much afraid that the institutions of such a Court would tend to prevent that Amicable settlement which he did believe, with men of true courage and true honour, would always be preferred to duelling. But how were they to enforce the authority of such a court ? —(Hear, hear.) -Suppose the offence to have been the greatest which a man can receive, the offence of threatening, such as the holding of a whip in a me nacing position. No one would deny that this was wounding to the feelings, and that it was intended to be so. Well, an appeal is made to the court of ho nour, and the court says to the party, " the insult was unmerited, and you must make some reparation." But suppose the man who offered the offence refuses to make reparation, how will you proceed in the case? (Hear, hear.) By imprisonment or fine?—(Hear, hear.) It will be necessary to provide very minute regulations for the purpose of enabling the tribunal to enforce its authority ; and, after all, if the party does not submit to it, what reparation is there for wounded feelings ?—(Hear, hear.) He was very much afraid that a tribunal of this description would be wholly ineffectual. Now, he must say that her Ma jesty's Government, believing that the tendency of society was adverse to duelling, believing that it was on the decline, and that the juries by whom the law was to be executed would execute it in a very different spirit from that which had hitherto characterised them ; believing that any law which they might pass on the subject would be ineffectual, unless they provided some means of procuring evidence which did• not now exist, did not think it advisable in the present state of things to introduce any legislative measure upon this subject. The House must recol lect that the offence of duelling was an offence com mitted by a man who, in vindication of his honour, was already prepared to act in defiance of the law. He did violate the law of God ; he did risk his own life. They were told to make the punishment trans portation. He did not think that the fear of convic tion ever deterred a party from appealing to the laws of honour.—(Hear.) Nor did he think that the fear of transportation would be more effectual. There was not, as yet, such a change of public opinion on the subject as would prevent the party convicted fro% being in some degree an object of public sym pathy. He thought the fact that 360 persons of high honour, including. 13 Admirals and several Generals, men most distinguished in their professions, had come forward to discountenance duelling, would be a more effectual discouragement to it than any legis lation. The declaration of men of the highest honour, notorious for courage, that they would not give or accept challenges—that they would seek any other mode of procuring reparation for an insult than that of an appeal to arms—by producing an alteration in public feeling, was far more likely to check duelling than any attempt at legislation. These were the grounds which induced her Majesty's Government to abstain at the present time from proposing any law on the subject. Though they would not refuse to give a fair consideration to any proposal which might be made, he rather deprecated 4he attempt. He saw the indications of the public mind ; he saw the feel ings expressed in consequence of the last duel by the representatives of public opinion ; he saw the combi nations of honourable men against duelling. His own impression was rather in favour of permitting the flaw of this current of public opinion, and he was fearful of checking that flow by unnecessary or precipitate legislation. There were certain departments of the military and naval services with respect to which her Majesty's Government had devised regu lations which would show that they were not indifferent to the subject, although they were opposed to direct legislation.. Whatever might be the views of the House of CoMmons as to the policy or the efficacy of legislation, he hoped that they would at least concur with him as to the impolicy of establishing the precedent which the Hon. Gen tleman asked them to establish by passing a resolu tion declaratory of what was or was not in conformity with the Divine command.—(Hear, hear.) Be trusted the House would weigh well the possible consequences .of such an interference ; that they would consider the danger of the precedent and the possibility of proving that their authority was inef fectual ; and that they would discourage the attempt to denounce offences by means of resolutions. Lord ROBERT GROSVENOR said ,that, with regard to the resolution then before the House, he was perfectly ready to admit that Hon. Members might . oppose it, without being subjected to the im putation that they approved of the system of duel ling. His view of the resolution was that it was a means of asking the House whether it agreed in the system it enunciated, and, if so, whether it was dis posed to follow it up by legislation on the subject. He confessed he was one of those who thought that legislation might be advantageously proceeded with. The reason why this barbarous practice of duelling had so long prevailed - was—that a person avoiding a duel, or not giving a challenge under certain circum stances, was looked upon as one to associate with whom was not reputable. But this opinion was fast being obliterated, and better and higher principles prevailed in the governance and regulations of society. And when he found so many men in that House, distinguished by their position and their undoubted courage, denouncing this practice, he must say he entertained strong hopes that it would gradually fall into desuetude. He could not, however, understand that new regulations, with regard to this practice, were to be framed for the members of the army on actual service, which were not to be applicable to those on half-pay, or to the navy, or to civilians. He thought that the proposal to make duelling a transportable offence was too severe a one. In his opinion of the members of the army and navy, and persons employed in the service of the Crown, were deprived, for a time of their appointments, and if civilians were deprived, also for a time, of their civil rights, the evil they so much deprecated might be at once greatly abated, if not wholly put an end to. Mr. HUME said he was of opinion that in the present state of society the question did not admit of legislation—they could not put an end to the system of duelling. Although he was prepared to vote for the resolution, he still thought that a more appro priate one might have been submitted to the House. Had, for instance, a resolution been brought forward simply denouncing the practice as bar barous, and pledging Members to do all in their power to discourage it, he thought it would have commanded a greater unanimity of opinion. Such a resolution too might have strengthened the hands of the Government ; for as all who had spoken in that House upon the subject had deprecated the practice of duelling, it must have passed unanimously, and so have afforded great weight to the responsible servants of the Crown in any steps they were now or hereafter to take. If the Ministers were only to advise the Queen to make a declaration that hereafter no person, whatever his rank, station or property, should be capable of holding any office under the Crown, after he should have been engaged in a duel, the practice he was sure would very soon be given up by all classes. Mr. PLUMPTRE said the resolution was not worded in the best way possible ; but as he had no other mode of showing his opinion upon the subject be should vote with the Hon. Member for Truro, if he should think proper to go to a division. Mr. WARBURTON hoped the Hon. Member would withdraw his resolution, more especially as he had received from the expression of opinion on all sides of the House the most sufficient condemnation of the practice of duelling. He could not see, after this, what he could possibly gain by pressing the reso lution further. If he did so press it, he must vote against him, although it would be contrary to his wishes and opinions on the subject. To save himself and the House, however, from an embarrassing posi tion, he should move the previous question in case the resolution were persisted in. Mr. BROTHERTON also hoped the resolution would be withdrawn. He quite agreed with the Right Hon. Baronet (Sir R. Peel) that it was better that the House shOuld not be called on to give opinions as to what was or what was not seemly and accept able in the eye of God.—(Hear.) He further agreed with that Right Hon. Gentleman, that whatever was to be done in the matter must e effected by public opinion. This was called a Christian country, and when we had a Christian people as inhabitants of it, then this most .wicked practice would cease. He thought considerable good would accrue from the strong denunciations of duelling which had fallen from so many men of high standing in society, and of undoubted courage. One great source of this evil was, that persons were afraid to refuse a chal lenge, froM fear of being thought wanting in courage. Now, in_ his (Mr. Brotherton's) opinion, true courage cons i s t e d i n no t b e ing afraid to be thought afraid—in having the courage plainly to say, , ," I will no t not b e guilty of th i s great sin. e (Hear.) If th a t House hoped to do any good, it would not be by op a l eat the Old mere resolution, but by a Bill; and t th o ey be m p u u st n t i rj people and imprisoned Bailey,n oy t nnl and cause them for killing people in duels, but for fighting at all, for sending a challenge, or for being a party to the sendin g o f a challenge. He thought, however, the better cou rse at the present moment would be for the Hou se not t o interfere at all upon the subject, but to leave it t o pub?. lie opinion and to the example of the higher members of society for correction. Sir T. D. ACLAND must add his request that the motion should be withdrawn, for the sake of the great object he had at heart, not more so, he was sure, than .the great majority of Hon. Members around (Hear, hear.) Should the motion be persisted in, he must vote for the previous question ; but he hoped this would not occur, as the public did not understand the technical distinctions and the ticeties of that Hoine, and might suppose that they were refusing to condemn duelling, when, in fact, they were most anxious for its suppression. He, for one, had long entertained strong opinions upon the subject, and sincerely . trusted that his own country might have the honour, in taking the lead in doing away with such a barbarity. The wisest thing that now could be done, after the very useful discussion that had taken place, would be to withdraw the motion, If thi s s we . s re. THE S . . fused by the Hon. Member, he would ask, where the question would then be ? The next best thing to a withdrawal, would be to vote with the Honourable Member for Kendal (Mr. Warburton), and this, he for one should do. The fact was, the law bad done all it could do, but society refused to act upon that law.—(Hear, hear.) The opinion already expressed in that House, echoed as it loudly would be by the country, would be the surest way of rooting up this great crime of society.—(Hear, hear.) Mr. TURNER, in reply, stated that he would be con tent to leave the whole subject in the hands of the Right Hon. Baronet. He trusted the Right Hon. Ba ronet would introduce a Government measure on the subject, and would not let the heavy responsibility of introducing a Bill on the subject devolve upon an indi vidual Member. If, however, the Right Hon. Baronet did not introduce a Bill on the subject, he (Mr. Turner) should feel it his duty to do so. He wished to correct a misapprehension under which some Hon. Members seemed to labour as to a statement which he had made. What he had said was that it was the law of Switzerland that the man who killed another in a duel should be liable for the debts of the deceased. He would at once, seeing the general feeling of the House, withdraw the motion, and he took no merit to himself for so doing. The motion was then withdrawn. PROBATE AND LEGACY DUTIES. Mr. ELPHINSTONE then rose to move—" That this House do resolve itself into a Committee of the whole House, on an early day, for the purpose of taking into consideration the Acts 36 Geo. M., c. 52, 45 Geo. 111., c. 28, 48 Geo. 111., c. 149, and 55 Geo. 111., c. 184, with the view of imposing the same amount of probate-duty on real estate, as is now, in similar cases, imposed on personal property ; and, likewise, of con sidering the expediency of imposing a probate-duty in all cases, on the death of the cestui que trust (whe ther the trust property be realty or personalty); in order to substitute such proposed probate-duty on real estate for some of those taxes which now press most heavily on the productive industry of the people." In asking the House to take this subject into their consideration, he hoped he should be enabled to show to them that it was only just and fair that the same taxes should be levied upon real property which were levied upon personal property. As the law at present stood, all personal property was liable to the payment of probate duty and legacy duty upon the death of its holder. Probate duty was levied upon the whole of the property according to its value, whil3t the amount of legacy duty.imposed varied according to the degree Of relationship subsisting between the party receiving the legacy and the deceased. There was this difference between the two duties—that while real property was in no case liable to the probate duty, in certain instances, annuities, rent-charges, and lands directed to be sold under the provisions of the Act 43 Geo. 111. were liable to legacy duty. With these trifling exceptions, it might be assumed that personal:property was in all cases liable to these duties, while real property was.exempt.--(Hear, hear.) Now this state of things was.most unjust to the trading and commercial classes of this country. — (Cheers.) It exposes} the Members of that and of the other House of Parliament to most unpleasant imputa tions. It was known that the great majority of them were landowners, and it exposed them to the imputation of having passed a law, not for the public benefit, but for their own private advantage.—(Cheers.) When the imposition of the legacy duty was first pro posed by Mr. Pitt in the year 1796, he had intended to impose the same tax upon real property, and although the landowners were too strong for him, he told them that he considered it would be unjust to lay a tax upon personal property to which real property should not be at the same time liable.—(Cheers.) Mr. Pitt, in intro ducing the Bill, said that he considered it but right that property should contribute towards the expenses of a war undertaken to defend the rights of property,and that landed property being the most permanent of all property ought to be called on to contribute accordingly—(Cheers)-- but, continued Mr. Pitt, " I do not intend that the im position of the legacy duty shall be confined to landed property. I intend that it shall be imposed on per sonal property also."—(Hear, hear.) Such were the sentiments of Mr. Pitt.—(Hear, hear.) The exemption of real property from .those duties was not only unjust, it was absurd. In cases of leaseholds held for a term of years, the leasehold was considered as personal pro perty, and was liable to the tax, but when a leasehold was held for lives it was considered as real pro perty, and was exempt. It so happened in the borough of South Shields that one-half of the town was let on leases for lives, and the other on leases for a term of years, so that one half of the inhabitants of the town were liable to the tax, and the other half were exempt. He would ask the House how they could suffer the liability to a tax to be regulated by these absurd technicalities ? (Hear, hear.) Why should the leaseholder in London be sub ject to this tax, while the copyholder in the country was exempt ?—(Hear, hear.) He would now proceed to show, from papers on the table of the House, what was the amount , paid by the personal property of the country from which the real property was exempt. It appeared that, for the year ending sth of January, 1844, a sum of 2,239,768 L 7s. W. had been levied as probate duty and as legacy duty; while from the returns, as regularly laid before the House, it would appear that from the year 1797, when these taxes was first imposed, up to the close of last year, a sum amounting to 66,835,9591. had been contributed to the revenue from the personal property of the kingdom by these taxes, for which the real property was entirely exempt. There were no precise means of getting at the amount which the revenue would derive from the imposition of the probate and legacy duties upon the real property of the kingdom, but he thought they nlight arrive at some near conclusion on the subject by a little calculation. Mr. Gwynne, who had for years held a situation in the Legacy Duty office, ,and who was a high authority on the subject, estimated that one-thirtieth part of the per sonal property of the country was annually subjected to these duties. The Right Hon. Baronet, in introducing his measure for imposing th 6 income-tax, had estimated the gross rental of the kingdom at 39,400,000/. ; now, estimating the value of lande4 estates at 25 years pur chase, that would give 985,000,000 L, as the landed capi tal of the kingdom. If they applied Mr. Gwynne's cal culations to this statement, they would find that 33,000,000/. would be liable to this tax, and that a revenue of about a million and a half annually would be derived from this source. There was another method of arriving at the same conclusion. From Mr. Porter's valuable work on the " Progress of the Nation" it appeared that there were 46,000,000 of acres under cultivation in this coun try. if they took the rental at an average of 15s. an acre, they would arrive at pretty nearly the same amount. But whether his calculations on that point made the amount too large or too small, still the fact remained the same, that the land was exempt from a tax which personal property was called on to pay. What could be more unjust than that a merchant or manufacturer leav inra small pittance to his widow and family, should have that pittance lessened by the imposition of these duties, while the landed proprietor, who inherited an es tate of perhaps half a million, went scot free.—(Hear, hear.) What could be more galling than that, land, while it continued to be the property of a landed gen tleman, should not be subject to this tax but that the moment it should be employed for the purposes of commerce, that moment it was purchased by partnership capital, it became liable.—(Hear, hear.) The moment it was directed to be sold to satisfy the demands of his family it became subject to the legacy duty. It was a great injustice that land ordered to be sold should be saddled with this legacy duty, because it was also at the same moment liable to other taxes. It was liable to auction duty, and to the duty paid on conveyances —such was the case with land directed to be sold ; but land that was inherited was exempt, Taxes on real property had been imposed in all civilize& countries, except England and Spain. The Romans had levied a very large revenue from the levying of the twentieth penny—the vicesima pars. France derived a large revenue from the imposition of a tax upon real pro perty. The same was the case in Belgium, in Holland, in Germany, in Switzerland, and in many of the smaller States of Italy; and he-trusted the time was not far dis tant when the same would be the case in this country. When he brought this question before the House two years ago he was met by two assertions—the first of which w as that it would be unfair to adopt this course, because the stamp duties and the duties upon mortgages were more than equivalent to any extra burdens which might be imposed upon other classes. But he was able to show the fallacy of this assertion by stating that the whole amount derived by the revenue from stamps upon deeds and other documents amounted to 1,600,0001, - but then, in that sum was included the stamp duty upon per-' sonal property, and he knew that only 400,000/. was de rived from real property, and mortgages, and settle ments, while the remainder of the 1,600,0001. was made up out of personal property and bonds of every descrip tion. He was ready to admit that, these stamp duties were a heavy burden upon the landed proprietary, inas much as they considerably increased the expenses of the transfer of property. He was fully borne out in his views upon this subject by the opinions of the eminent conveyancers of the day. He found the same principle of benefiting the rich at the expense of the poor, pervaded all those laws. He should take the case of a mortgage, or transfer of property, nn der 100/, and the stamp required for that would be 11, whilst the amount of stamp duty on a mortgage of 20,000/. bore by no means a relative and proportionate increase. If a poor man were to, require to transfer property to the amount of 20/. the stamp duty would be 10s., whilst the rich Nobleman, who would have to trans fer property of the value of 20,0001, would pay 1,003/. When a very large quantity of goods were to be sold, those duties pressed much more lightly upon the large salesman, and they made a distinction in his favour against the small tradesman. Now he • thought what was fair in one case was, and ought to be applied to all. He should, if the House went into Committee upon this matter, be able to - prove to their full satisfaction, that the same principle should' be in operation with respect to both personal and real property ; and he thought this was quite a sufficient reason for his making this mo tion. The people of this country, above all other things, loved fair play, and they could not understand, the rea ltupb be thee n acbolrdnetomfsson for thi s un f a i r d ec i s i on. notM sre.e how TRELthAisWmNoEtiYon could sec b onde e d op th p e ose ir b i ec on. aus li e H d di on d . keep Gentlemen a d opposite had said that it was necessary to laws , e in th o order that imposed the l an u d p h o o n l d t e h r e s should gentlemenagriculturalh4lterest. alluded to the necessityltwasttue that some of of upholdingth those those laws to meet mortgages, and enable them to grant marriage settlements. He denied that those burdens pressed more heavily upon the agricultural than they dAI upon any other class of the community, The former paid quite as heavily as the latter for the support - and repairs of the highways. Again, the land and oiler taxes were borne by the others quite as heavily as the landholders. He utterly denied that the land bore more than its fair proportion of the burdens of the Bt7ate. ~ In consequence of the pressure of heavy excise duties, the artisan now paid as much for one pound of tobacco as would buy nine pounds, and the same was applicable to a vast number of other commodities, so that more than two-thirds of his labour went for the payment of taxes. The CHANCELLOR of the EXCHEQUER would ask whether, in point of order, this motion could be put. The matter had been already twice discussed in this House during the course of the last session. It was an unusual course to make such a motion as this, which affected the right of imposing new taxes. The SPEAKER thought that the motion, as it stood, was irregular. He had considerable doubt as to the right of the House to impose any tax on the people without a - direct message from the Crown. The CHANCELLOR of the EXCHEQUER thought the motion ought not to be taken at present. Mr. HUME submitted that the House was perfectly competent now to entertain the motion. The Hon. Gentleman then read the motion. He considered that the motion was legitimate, inasmuch as it did not pro pose any new tax; The utmost effect of it would be to disburden one part of the community that was oppres sively taxed, and to compensate for that removal by taxing those who could bear it. He hoped the day was not far distant when the whole House world resolve it self into a Committee for the purpose of considering the general subject of taxation ; more especially the ques tion of equal and unequ a l burdens borne by diffe rent - classes of the community. The Hon. Gentle man was about entering into the subject matter of the motion when, Sir R. PEEL rose to order. He assured the Hon. Gentleman he would not have risen if he did not consider that one of those safeguards against entering too hastily into the subject of taxation was about being invaded. The question then before the House was, not whether the Hon. Gentleman's motion was politic or im politic, but whether or -no he was in order in making that motion. • The Right Hon. Gentleman the Speaker seemed to be in doubt upon the matter, but expressed an opinion that the present motion was, at all events, an evasion of the established rules of that House. Now, he (Sir R. Peel) considered all interference with the rules of the House as most dangerous, but evading them . worse than any other species of innovation. If the Hon. Gentleman were allowed to persevere in this mo • tion, it might form a very dangerous precedent. Mr. HUME said the Right Hon. Baronet need not. be under any apprehension that he would at tempt to evade a n y of the rules of that House. He believed there was no Honourable Member more anxious to maintain the rules of that House than he was. The fact was, he considered that the opposition given to the motion by the Right Hon. Gentleman, the Chancellor of the Exchequer, was an attempt to smother the motion, and as such he opposed it ; but if there was any doubt that the motion was not in conformity with the rules of the House, he would have recommended his -.Honourable Friend to withdraw the motion. Mr. BARING thought it would be very wrong in the House to decide without due consideration. lie agreed in what had fallen from the Right Hon. Baronet as to the propriety of preserving the rules of the House, and that they should be particnlarly cautious in everything that regarded taxation. The Hon. Gentleman might have been guilty of some irregularity in bringing the matter before the House, but he was sare the Hon. Gen tleman would not persevere in it contrary to the disposi tion of the House. _ ._,___ ... Mr. ELPHINSTONE ‘ was willing to withdraw the motion, but he hoped the Right Hon. Baronet would allow him.to fix some day next week for the considera tion of the motion.. . -- Sir R. PRF.L . --Yes, Tuesday or Thursday. Mr. ELPHINSTONE hoped the Right lion: Baronet would allow him to fix on a Government night. . -- Sir R. PEEL could'not consent to that proposition. Mr. WARBURTON would suggest to his Hon. rela- - tire that the debate should be adjourned, and he thought . no objection could be_made to the motion. The SPEAKER said he could not at that moment Re collect 'every precedent which would apply to the, present case. H 6 `.thought it" was a case in which the douse ought to, pause before it came to any decision. Lord J. MANNERS thought it would be much better to adjourn the debate to another evening. Sir. A. LEITH- HAY objected to the adjournment of the debate. '.. -‘ . . . After a few observations from Mr. EViAIiT and Sir R. PEEL, the motion was withdrawn. POST-OFFICE. Mr. -WALLACE, pursuant to notice, moved—" That full effect be given to the Act, commonly called the, Penny :Postage Act, by the. issue of postage free stamped paper, without restriction as to size or quality, —in addition to the use of labels, postage free envelopes, and prepayment at post-offices, as at present." The .CHANCELLOR of the EXCHEQUER trusted that the Hon. Gentleman would not persevere in his motion, as its adoption could not be attended with any good. Captain BERNAL said he was desired to express, on the part of several stationers, their dislike of this mea sure for stamping half sheets of paper. They believed that the •Government had the same security in the ' present stamped envelopes. . He believed, too, that the people were perfectly satisfied with the present plan, and he could not understand why the Hon. Member for . Greenock should be so anxious to press his . proposal on the Government, and he 'hoped that the Government, would give-him (Captain BerneWan assurance that these sheets would not be issued to anyzypat extent. He un derstood that a considerable quantify_ a peculiar kind of paper had been laid in by the aditirnment to the amount of hundreds of tons, at Is. Id. per 1154 and that they were afterwards obliged to get rid of it at-ii loss of ninety per cent. ' -=ira Mr. F. BARING stated that the late Government , had contemplated an issue of Mr. Dickenson's peculiar paper, but had ' not done so from an apprehension of creating a monopoly. He hoped the Government, n bile consulting the convenience of the public, would be care ful not to create a monopoly of that kind. .. Sir GEORGE CLERK said it had been con3idered worth while to try the experiment of the half sheets stamped for writing inside. Not a day passed by but suggestions game to the-Treasury of improvements in the postage plau,,but he did not think that any sugges tion had been made of any advantage, to the public arising from the issue of stamped - sheets. and affixing labels to it. He believed the public found. as mu c h or more a d v a n tage arise frenitlie. stamped sheets, to -, .1..he expense of in elis writingespecially ch i ai rlyco to ov n e tn inconvenience um poor, e m e common ni paper, f they.went might buyinestamped sheets, if they shdiild spoil the letter in writing, as it would be impossible to recover the - penny stamp from the Post-office. He could 'iligure the Ijon. ;Gentleman thatthey were trying the experluient'on: 'a very small scale. --A small quantity only of stamped half-sheets were to - be issued,-in order to .ascertainvehe wALLACE. still 'rem a i ne d o f- o pi n i on th a t 'th e . they the plan wouldafford additional convenience to the. ... . pu m bli r c . . penny stamps on. full sheets.*paper would 'be a great , Conveni en ce to the public, especially to the poorer classes. • He was of opinion that the plan of the half-sheets would be a failUre ; but evidently seeing that - the House was against his proposition, he would withdritiv - his motion. The motion was then withdrawn. - T.' •,,' '' FOREST OF -DEAN, The Earl of . LINCOLN moved for legit to bring in 'a. Bill to ex tend the time within which arrangements may be made on behalf of ,- the Crown, of encioachments on GEORGE CLERK, leave was' L Commissioners, Names 6h . rec4 = - SMA A irml e s re Esl e Lo d! wißss. .I‘ . TAII . O . given iveS BILL te. F unN o lD r há e e- s : t r miA :f ogxt no COMMISSIONERS n to Mr. WALLACE called the attention of the Houser to the petition from the . counties of Lanark, Ayr, and Renfrew, respecting the. inefficiency of the lave' forbid ding the going armed by. night for the purpose, of de stroying game ; and moved for leave to bring in a Bill to extend the provisions of the Act 9 Ge6. - -IV., c. 69, to similar offences when committed on highways, and other public.roads azid paths, during the night, as when those offences are committed upon inclosed or open lands through which highways and other roads and paths pass. Leave was given to bring in the Bill. Mr. FRENCH Moved for a return of the names of all persons who have been appointed to command , vessels in her Majesty's service, from the Ist day of October, 1841, to the Ist day of March, 1844 ; -specifying whether each person so appointed be a native of England, Ireland, or Scotland. Mr, S. HERBERT had no objection to grant-the -re turn, provided the specification of country was omitted by the Hon. Gentleman, which, being agreed to, the re turn was, ordered. , TOBACCO. Mr. HUME moved that the following gentlemen form the Select Committee on Tobacco :—Mr. Hume, the Chancellor of the Exchequer, Mr. Parker, Mr. Villiers, Mr. Colquhoue ' Viscount Sandell, Mr. Beckett, Ntr. Ewart, Mr. Young, Mr. Smythe, Dr. Bowring, Mr. Hodgson Hinde, Sir Charles Douglas, Mr. Alderman HUmphery, and Mr. Darby.—Agreed to. . The Teachers of Schools (Ireland) Bill went through Committee. The Report of the Three-and -a-Half per Centtun Re duction Bill was brought up. Sir GEORGE CLERK brought in the annual Indem nity Bill, which was read a first time. Sir JAMES GRAHAM presented a petition from the Professor of the University of Glasgow, praying that they might have nu religiou s tests im p osed on.thern. The House then, at Twenty Minutes after Twelve, adjourned until to-morrow. RAILWAY. EXTENSIONS.—The popular feeling in favour of new railways appears to be on the increase, not withstanding the immense number of Bills for new railways already before Parliainent. The city of Lincoln appears to be a point of especial favour. No Jess than seven different railways are contemplated to start in one direction or an other from that point ; and, if only a pOrtion of these lines are made, Lincoln will suddenly start into .a-plice of 'vast importance. One of the most importont of these projected lines of railway is an extension by the Eastern Counties Railway Company of the Cambridge Railway,. from Ely -to Lincoln ; and the surveys for this line are now actually being made by Mr. R. Stephenson, with the view,, it is understood; of immediately taking measures for obtaining an Act in , the next session of Parliament.. This line, when carried out, will undoubtedly effect a vast alteration in the present trafficfrom the north to the metropolis, as it will be the direct line for a large portion of the northern traffic. A'GIIOST STORY.—A. report is becoming very pre valent in Stamford, that since the death of an old lady, who resided with some relatives in Broad-street, a variety of noises are . nightly heard, such as thepanging of doors, and knockings on the partitions, &c. We hear the occupiers are becoming very•much alarmed about the matter, and that arrangements have been made for le-party to sit up in the house for the purpose of watching. Amongst the young folks_ and gossips , in the town, this circumstance has given rise to many conjectures and long faces. The credulous say that the old lady having made a Just will, is returning to ad just it.--Boston Herald. SPIRIT of the PUBLIC JOURNALS. FROM THE EVENING PAPERS OF YESTERDAY. GLOBE.—In the House of Commons last night Lord Worsley moved, pursuant to notice, for "a Se lect Committee to inquire , into the mode of appoint ment, the duties, and the present system of remune rating the clerks to justices at petty sessions in England and Wales, and to report the evidence and their opinion thereon to the House." Long before the attention of the Legislature was directed to the subject, we had employed ourselves in col lecting from the provincial journals, and other sources, proofs of the injustice and oppression of the existing sustem. It is to us, therefore, especially gratifying to find the purpose we aimed at likely to be effected. The Noble Lord who took up the question in Parlia-. ment obtained, in the course of last session, a return of the fees paid to clerks in petty sessions; the num ber of fines inflicted ; and the persons who had been sent to prison in default of payment of costs, or fines. From these returns his Lordship selected a consider able number of instances in which a fearful amount of suffering had been inflicted on poor persons by in ability to pay the fees upon summary convictions, where the fine amounted only to a few pence : " Parties were sent to prison, not because a fine was inflicted of a serious nature, or one that indicated ade • sire on the part of the magistrates to visit the person convicted with severe punishment, but they were sent to prison for the non-payment of fees and costs, super added to those small fines. That was a great evil, and one that might be avoided by adopting a different system of paying the clerks. If they were paid regular salaries out of the county rates, the system would work better than the present one. Lord Worsley, as will be seen by a reference to the speech with which his Lordship intoduced his motion, made out a very strong case for inquiry, with a view to the abrogation of the existing system. At its close, Mr. M. Sutton stated, that " the attention of the Right Hon. Gentleman at the head of his department had been called to the subject, and that a Bill was in preparation which would, he believed, be in a short time introduced." Lord Worsley, on receiving this assurance, withdrew his motion for a Committee. We know of few subjects pertaining to thb adminis tration of justice which has more loudly called for at tention from the Executive than this. If, in connec tion with the mode of remuneration, the Bill to be introduced provides for the direct appointment of the clerks to petty sessions by the Crown, they might be also employed to conduct prosecutions for offenees committed. within their respective districts,' in a way similar to that in which the Sheriffs-depute in Scotland . are employed. 'Responsible to the Crown for the due performance of their duties, they would be vigilant and impartial ; and the ends of public justice would be' ,frequently promotedund secured by their means. The clerk to the Petworth Bench has written to us, re questing us to state that the amount of damage and costs in the case we referred to on Monday, was paid by the defendant; and thus the imprisonment of days assigned as the punishment, in default of payment, was avoided. The poor woman—or rather. her hus band, or some one for him—having paid the amount, and thus escaped the imprisonment, does not affect the argument. The fact remains untouched. The damage was threepence, and the costs 19s. 6d.— seventy-eight times the amount of the fine ! Nor is it disputed that the alternative of non-payment was twenty •one days imprisonment. We have, however, under the hand of Ellis, the clerk to the Petworth justices, a statement of the way in which ' the 19 - s. 6d. costs are made up. As the several items are fixed by high authority, and macy be considered as the established charge - s in such cases; we inseri them for the information of the curious .40_, • • Feei to the Clerk to the Magistrates, as fixed 4. d by the Magistrates of the county at their Quarter Sessions, in June, 1841, and con firmed by Sir NielAolas Tindal and Mr. Jus tice Bosanquet Constable's charges, as settled by the Magis trates in Quarter Sessions assembled in Ja nuary, 1843, under 5 and 6 Viat.,. cap., 109 14 0 5 6 17 6 STANDARD—That it is for the ,inter i est of the community that all its land should be cultivates), and cultivated up to the highest degree of productiveness of which it is capable, will not be disputed ; dany more than the corollary from this proposition, that the Legislature is bound to promote this universal anal . complete cultivation to the utmostofits power. These abstract truths are, however, subject to great qua lification, arising out of the right of property. When society concedes to a man an absohrte pro perty in anything, it concedes the right of abuse as well as of use ; it is his, he may do with it what he pleases ; and if he chose to employ it unprofitably, society cannot interpose to correct his folly, unless the misemployment produce some direct injury to others. We may regret this, but it is a. necessary consequence of that sacredness of proprietary right without which society cannot be permanently maintained. The right of property in land, however, cannot be distinguished from any other right of property, with out destroying it' altogether; and therefore it is scarcely possible for the Legislature to promote culti ,vation by any direct process. Parliament can ' notes compel a nobleman to lay his park and pleasure grounds under the-plough, notwithstanding that his dointe'noto: 7 -might conduce to his own profit; as well :increasing the stock of • food and the demand :ftirc labour in the country. The park is his ; he 'Wafer, enjoying it as a luxury to employing it as r— a nie sof profit, and to invade his freedom in this respect would form . a precedent for violating the citizen's villa gitidgi'LAnd, indeed, for a legal superintendence of the daiieltic economy of every family, with a• view to its sumps iiary reform. There is, however, in the country an :44 5 %;mt of land still wholly uncultivated, though capablee,,of profitable cultivation, variously estimated at Prow two to eight millions of acres; which land is nOtef confirmed in this useless state by reason of the choice or caprice of proprietors, but by the defect of the law, which in some measure disables the proprietors from cultivating it as they could wish. Every one sees that this is a case. urgently demanding the in terpilition of the Legislature ; an interposition, how ,ever, ,Which shall not infringe upon any rights ef!=proPerty, but facilitate their enjoyment. In.. the ease of waste lands, it is true, there is some diffi -culty, not merely in ascertaining the personality of the : proprietcirS,.!but.the kind of property which each ia entitled to'clairoffer,,as every one acquainted with English law is aware;there may be many proprietors of the Sene_ pawed of gr'odit4 each having a different kind of • property ; the rriii*amd- minerals -.may belong to one ; the produce XVII soil by tillage or pasturage to another ; tee ::game . . ;to a third-; a right of - .way to a s foiiiilo 2D d SO on., law for the inclosure, or otb - 0• more strict appropriation of wastes, .which would sot :spect all these rightS t either by securing thern, or by giving an adequate Compensation, would be manifestly ;unjust to somebody. A.nd . here, indeed, is the hitch which has cause.d such an amount of land to remain so"; long comparatively unprofitable . to the. com- Munity..- Lord Worsley!s Bill is a •well;Mea4 attempt to overcome the "serious, obstacle question. 'Whether this , Bill will pass, or _whether, having passed; it would effeetits object, are questions which we are at ,present unable ' ta' answer ; even` by guess. It has some benevolent provisions for the poor, and more no doubt .will be added in its progress ; but upon these we set less value than per haps others would be disposed to do, because with-;. out at all depreciating the value of temporary . relief of the distressed, which, without regard to the 'future effect, is as much an obligation upon Christian states as upon Christian rieri we cannot but see .that the most benevolent disposition possible of the waste lands , of .the country- .Would operate to the relief of the poor for bit a 'very bri4 season. In an enterprising, money-making, and progres sive -country, such as this, there is 'no means ,of dealing with destitution but keeping down the hum ber of , the destitute, and there is no means of keeping down the -number of the destitute but by making them a burden, a heavy burden, upon the more afflu ent. It was in thisway that the old poor-law worked to restrain pauperism, which.* substituted new poor-law has so frightfully increased. Under the old poor -law indeed, any more than under the new, the penal bur deli was not properly applied to the great contribu tors to the ranks of poverty—" the manufaCturers of cottons and of paupers," as the Edinburgh Review truly called them=and so far the system was defec tive ; but let the burden be justly imposed, and a poor-law cannot be too burdensome for the public good cannot be too liberal. Meanwhile we wish all success to Lord Worsley's phrpOse, which is on both sides useful and benevolent. . MONEY MARKET and CITY NEWS CITY, WEDNESDAY EVENING. ' TIMES.—With respect to the holders of Three-and-_ a-Half per Cent. Annuities, 1818, it is right to call at tention to the fact, that if alb) , do not send in their assent to the terms proposed-by the Government on or before the 20th of April, they will be considered dissen tients. Their position is _thus the very reverse of that of the holders of the other Three-and-a-Halfer Cent. Stocks, for - they will _ be consider e d: as , accepting the terms unless they give notice to the contrary.' The following is the form of assent which is to be sent to the Bank of England : 11515. PER CENT. ANNUITIES, 1818. • , Folio— To the Governor and Company of the Bank of England. No.— do hereby give notice (in pursuance of -reholutions of the House of Commoni, passed the Bth of March, 1844), that it is desire to signify--assent to receive 3/. Ss; per Cent. Annuities, and New 3/. per Cent. Annuities, in ac.. cordane with the said resolutions, with respect txt—e— N. 10s. per Cent. Annuities, 1818, now standing in: Name —.--1 844 . N.B. This notice wilt be invalid, unless the several deacrip tic= Woo W l OllllO entry in the Bank POLICE INTELLIGENCE. (YESTERDAY.) CLERKENWELL. Martin Gahetiss, the landlord of 'the Swan Tavern, Upper Holloway, was summoned to answer the com plaint of Inspector Thatcher, for unlawfully and know ingly permitting gaming on his premises. Mr. Duncombe appeared for the defendant. It appeared, from the evidence, that on the 27th ult. a corn-dealer, named George -Bradley Shonnet, residing in Gray's Inn-lane, went to defendant's house, accom panied by two young tradesmen, named Alfred and and James Stroud. Shonnet deposed that having drank a considerable quantity of wine, James Stroud, challenged him to play a.t "four corners." They did play, and he lost 681, 101 in money, a 201 promissory note, and a 361. bill. Shonnet further de posed that at the time he signed :the bill he was so stupidly drunk as not to know what be was doing, and recollecting himself in an hour afterwards be snatched the bill out of Alfred's hands and tore it in pieces ; the pieces were, however, collected by a friend of Stroud's, and put together so as to form a whole, and subsequently the bill was circulated and presented for payment to Shonnet by a clerk of the Bank of England, but payment was refused. It was found that the landlord was pre sent whilst they were playing for the bets, and must have been cognisant of it. After the bill was torn Shonnet deposed that James and Alfred Stroud attacked, kicked, and beat him in a very violent manner. Mr. Duncombe admitted that skittle-playing and gambling had taken place, but denied that his client was aware of it He called- several witnesses, but they did not disprove the evidence for the prosecution. Mr. GREENWOOD, fined the defendant Si. and costs. Two men, named Rawley and Davis, were charged as suspected persons. They were found lying in a brick field in Islington on Wednesday night, by police-consta ble 201 N, and on Davis were found a large number of duplicates, some of them relating . to valuable articles. A pocket-book was foUnd on Davis, in which was the following entry, " This night we must get money, or lie in the station-house." There were likewise tickets for the Royal Effingham Saloon in Whitechapel found on Davis, and two bludgeons. . .The prisoners said they were natives of Bedford Shire, and had been sleeping in these brick-fields for the last seven or eight months. On being interrogated by the Magistrate, they acknowledged that they had subsisted by begging, and had note been in any honest employ ment. They acknowledged having cut the bludgeons in Hornsey wood. Davis refused to answer any ques tions touching the pocket-book or tickets.—They were sent to the House of Correction for six weeks. • MARYLEBONE. • • Yesterday two boys, named William Matthie, and Jo seph Hood, the eldest of whom was not more than 14 years of age, were placed at the bar before the sitting magistrate, Mr. Long, for re-examination, charged with the following daring robbery:— . The evidence gone into upon the first occasion went to show that on the -previous Thursday, between one and two o'clock; Reid, an active' officer of the E division, was walking along Oxford-street; when, he observed the two prisoners close behind a lady, who was going east ward ; he distinctly saw Hood lift up the - said lady's Pocket, and draw therefrom a purse, which he handed to Matthie, who immediately put it into his pocket ; they‘then ran, away, pursued by- witness, who succeeded in taking both of them into custody. In the way to the station Matthie dropped the purse and ran off, but witness having cried " stop thief, ' as loud as he could, he (Matthie) was speedily captured," and with his com panion, locke,d up. The prisoners were both searched at the station-house, and on Matthie was found lOs 6d. in silver. The purse contained a bank of England note for 101., together with a sovereign, a half-sovereign, two half-crowns, and a sixpence. The -constable added that in his anxiety to lay hold of the prisoners, he altogether lost sight of the lady Who had been robbed. • Mrs. Catherine Ann Cobden was now sworn, and stated that on the day in question (7th inst.), she left her home in Newman-street Oxford-street, with her purse in the pocket of her dress, at twelve o'clock, and that on her return she found that her pursp and money were gone. Mrs Cobden identified the pnrse and. the .101 note, and .she also spoke positively with regard to her having taken out with her the gold and silver eoins • alluded -to, making up in the whole 11/. 15s. 6d. The prisoners, who thongh young as regards years, are old in crime, and well known to the -police, were committed'fbr trial. MAREBORO V GH- STREE T. • Henry Meyer, a very fashionably dressed young man, re- - siding at No. 87, Park-street,-Gresvenor-square, and whose connexions are stated to be of the,bighest respectability, was placed at the bar on the following et Police-constable No. 26 of the .0 divlsion, stated that be tween twelve -and one o'clock this mdfiiing, as he was on duty .in Park-street, he saw the defendant 'in a very in toxicated state, nearly opposite to his own reirdeiret. was, accompanied by a friend, who was endeivour- ing to persuade him to go home, After some time the defendapt threw his hat . into the carriage-way, and on -wftnss . 4 picking it , up and returning it- to him, he strnck hkablow of tremendous force on the cheek with his clenched4ti f ik.hich knocked him - down. On getting up the- defendant again knocked him down, and theii fell ,heayily upon him ; affer:'ity, , hich he kicked him twice in - a savge, apd brutal manner; - pi'm part of his: person likely tq: produce very serious and probibty fatal consequence& Even tually the defendant was overpoWee&, , and taken to the . sta tion-house. : • . • Two other charges . Of violent assault te nreferred against the defendant by police constables who assisted in taking him -into custody: The defendant said that he bad.drank to exesid, and was quite unconscious of what had: oceursed. He was; however, most sincerely sorry for his misconduct. :. - I ➢ir. ILtuDivicx said, that in such a iiagrant case an ample must be made of the evil-doer, and lae l sbould there-'t fore fine the defendant 5/. each for the first and second as saults he had committed, and 2/. for the third, as it v ,yists pot of such a violent character as the preceding ones. . The defendant immediately paid the 121. and was liberated. - QUEEN' S-SOUARE. Dennis Coughlan, a crossing-sweeper, was charged by' the authorities of St. Margaret's parish- with refusing to support his'wife and child, who thereby became' chingeable to that parish. His wife, a quiet, subdued-looking woman, attired - 'in the workhouse garb, said that her husband was continually ill treating her, which compelled her to leave him and to. reside * with her mother. He refused to allow the merest trifle for her maintenance or that of his child. He swept a crossing in Bridge 7 street, Westminster, immediately adjacent to the law courtsand the Houses of Parliament, and was in the habit of taking a good deal. of money from benevolent pe 14strianS; sometimes as much as 9s. A day. She had left him, Milg s to his conductofine times, and each time on her re hitt-She had been, obliged to leave him,,so that it would be worse- than useless to make another attempt to live with him. • Coughlan l yho was very decently dressed, said that the crossing in tot *et weather yielded no more than is 6d: or 2s. a day ; in fact, tlltil•was.only six pod months in thp year, and he had been Isidatip with rheumatics for five months. He was w illi ng t o . 4s kristjkgkforgive the past, or to allow his wife Is. a week, - • The Clerk of the Court s , tly e crossing on which he bestowed his attention was one of in London; and yielded a vast deal more than CoughlaST had stated.—He spent all his earnings in drink. • - Mr. BURRELL expressed his surprise at the smallness of the suin, and intimated to Coughlan that he should commit him for a month to the House of if .he did not, allow his wife more than the sum he bad stated. Coughlan said he would allow her. 2s. a week. His offer was accepted, and he was discharged. IRISH ASSIZES. THE MURDER OF ADJUTANT MACKAY,' OF THE 'STH FUSILIERS; At the Tullamora assizes, on Saturday, George Jubee was arraigned for the murder of Robinson Mackay, on the 11th of August last, by shooting him in the right side of _the bock with a leaden bullet. - The SouciTon-GirsEnAL condticted the case for the proSe cution. The eVidenee was .precisely the same as that given on the coroner's inquest. Mr. GonarAict, who was assigned as counsel tor the prisone addressed the jury iita very ingenious speech; calling atten tion to the fact of the Crown not, having attributed any ads- . quate motive to the priSotfer for the-commission of the mur der; froni which he argued; hat if an individual committed an "ace thaqn his sound mind he must know would bring him to condigeritinishment, and diet-not-attempt to. fly after its c?ininission, could- ithe said that mai n ;. as in possession of his reason at. the time - t = If any individua . Court assas sinated' a fellow-creature where time was ho possibility of escape; heul# they 4eubt that that man at the time was' la bouring under temporary insanity ? He did not attempt to fly or Sheiter.himself, but stood there with his musket between. his legs. There was no disputing the facts of the case; and ha would submit. to them that they Should consider delibe rately the state ofthe:prksoner s mind at 'the time of the coin:. mission of the act. No witnesses were e±aminea-ori -the part of the prisoner. The CHIEF JusricE chirgecl=thizjary, who retired for a few minutes, and, on their return Alto Court, handed in a verdict of" Guilty:" 4 Clerk of the Crown—Gaoler, look to your prisoner. George übee, what have you now to say why sentence of death and execution should not, be awarded against you according 'to laWl ' The prisoner made no reply. • - The Cut.EsquaricE then passed sentence of death in the usual form. • " . The unfortunate young man was • immediately removed to the condemned cell, where he has passed the greater .part of the' time in prayer. The poor fellow is extremely penitent and resigned. The day for his execution will . riot be named until the elose of the assizes. KING'S Col.ll4lT.—Tumiafonn, Minot 10. MURDER OF LORD NORBUItY. The : Crown Counsel, including the SolicitOr-General, held' s consultation respecting the expediency of proceeding at the present assizes with the prosecution for the . inurder of Lord . Norbury.. At first it was rumoured that they had determinol to go on; and to apply to the Court to fix;Wednesday for the trial ; but it is . now stated ver' confidently that the,.' Case will be postponed until next assizes. Some witnesseri, summoned from England have already arrived; One 'of the'. witnesses for the, Crown is the. steward Of the murdered nOble:. man ; but that person, I understdnd' hits not yet reached Tullamore. , • _ • TITE MURDER OF MR. GATCITELL. 'l')lomas;DOwling, Charged with the murder of Mr. Thomas Gatchell, is to be placed on his trial to-morrow`. MARcit 11: ' The Solicitor-General is still here, and - upon inquiry him, this merning, with regard to the Norbury case, : he stated that the CroWn had not even then finally resolved.: .upon the course which they w ou ld p ursue . 1 believe they are waiting for the arrival of some of the Norbury family frcim England, whom they think right to examine should the trial be proceeded with. There are the most extraor dinary rumours afloat here with regard to the matter, which it would be imp ro p er t o mention pending a trial. The names : , of the two men to be tried' are Dolan. and Gill'; they were - :1 :both in the employment of Lord Norbury at: the time the . murder took place, one as a farm-laboUrer and the other as a shepherd. . „ TRIAL FOR MURDER. ••• • - At ten &clock ,this Morning, Chief justice Doherty took his seat in the Crown Court, - and; 'after the grand panel':was called over, three brothers, named Thomas - Gilligan, James Gilligan; and' Christopher Christopher Gilligan we re arraigned :for the murder of John. - Fuller, which took ' place at . or . near Bally cuMber, On the evening of the 29th of August last, Mr, GORMAN, counsel for the prisoners, stated that by ar 7 : ringement with the Crown, he would only ask forty peremp. 7 : tory challenges on the part of the three prisoners, although, in point of law, they would be entitled to twenty each., We believe that this course was adopted to prevent the 11-- --- 0 Crown trying the accused separately, which theY kl a right to insist upon if they thought proper. fired sopeo We may here state, that amongst the first hiui. on the jury panel there are but eight Cathol ics.- P snd The SOLICITOR-GENERAL stated the case very brier- then called witnesses. teenti It appeared'that the son of the deceased and the Pr er had had a difference previously; that on the night tion a scuffle occurred between the parties , in vihiell 9 1 ! ' AO Fuller was so severely injured by a blow that he dice' days after. t 'HrhiseLjuorLbsuroreugphatssienda_thveersdienctteonfeemoanf ;laughter. ranspor. tation. iv 7 on the prisoners. 0 10 sot FLNDLNG OF THE BILLS FOR THE 1111.712 DER or LORD - ce. to The expected witnesses in the Norbury Murd er .; ie Dr. rived here, to-day, at two o'clock when bills were . •' ;00 fore the grand jury, which came down at half-Piew I found. It is said that one of the sons of Lord Norbury, th eir l o ot Mr. Garvey. the house-steward, and several of the se? who were at burrow Abbey when the murder mitted, are amongst the witnesses who arrived heretfratio Besides the Solicitor-General and the whole host ° I g d so counsel'who are to prosecute, Mr. M`Donagh is 645 the part of the next of kin. • tb 6 ARRAIGNING OF THE PRISONERS. cony -At four o'clock, John Gill and. Peter Dolan weret bar, and arraigned for the wilful murder of were or Earl of Norbury, on the Ist of January, in the See,o of the - reign of the Queen. The prisoners were in th e of sge* common labourers, and each appeared about 32 vears ra of p u lea en d d e s d o N .m ot onv Gu w ilty t . he l N f t o l r i b e tuy trial cas fo e r N, t i h : e trio t d ca T G h a e te Y he Wednesday—if not, on to-morrow, Thursday. The most intensel:lll exists with regard to it. Dolan is charged as th pt and Gill as an accessory before the fact. TIPPERARY (SOUTH RIDING) . , e d. CLONMEL, MARCH 9.—The Commission was ar'", this day by the Right Hon. Judge Ball. Judge BALL (the grand jury having been re-ewsiopl,'; ceeded to deliver his charge, and said he was v. . 0 1 t ot tf ;4 find, with reference to-- the calendar before n01h,..„, amount, as well as the general description of enr division of the county, was considerably less than t l l, I of former assizes. He had, precured a return, rr, c o3st i been' handed to him that moment, which he (J l l7OlO considered to be an interesting one,•and which - taiga', co found a useful one. A column annexed to thecalea".7o,o6s tamed a specification of the state of education of the Pi t j i ib e in gaol, and who were for trial, and ho found that , "Loble . exception of about ten out of sixty-one, the others .0° either to read or write; or, in other words, that of f° he i prisoners, fifty-one were so far instructed as either II e ttli to read or write. That struck him, whether for g 007,; as.a fact well worth attending to. It also appear ed of i i-4. 0 1 were able to write than to read. The fact Might no is tod be of much importance, but if such returns-were far° gel the state of education at every assize, they nlikb t ' men of experience, afford a means of explaining 'the fete which led to crime within the county, and what ta7 4 0,0 61 4 calculated to check it. He (Judge Ball) had 'not ani asem e a to detain them by making further observations 0:V800n he would,-therefore, proceed to take the presentoyd • the foreman and the majority of the grand JUI ;id to dispose of the bills which would be sent up Wi'""•;i, The case in which four men are in custody for s: murder of the. late . Mr.. Scully will not, we un prosecuted at the present assizes. . DisTR,A.INT ,AND SAL— .gI FOR . • INCOME-TAX. he r; • - .: t n t I v ; The circumstances attending thedistra , u- ° Orc leo - is party of Messrs. Fielderi, Brothers, of Todul ois herl , Manchester having 'transpired, and been -I )° . „,: ec t 0 1 ' 0 1 other journals, ' we may briefly notice and e ol :: i d e at,„ Oftlie statements. 'lt 'seems that Messrs. " f. to $ ll t r e returned the papers which they *ere required . 1 ,, ..1 , with their' trade profits, &c., With the Word "_ ll.l e ,; r a, $/., . .1 Commissioners, not being satisfied with the T ,'„ - 3 1 ' 1 4 0 sessed thaw- in about Z5O/. Mr. John Fielo. e- 0 ' of i' c i, the senior-partner, • appealed against the decil o orai t i o Commissioners, when the assessment was oat it, ci s Messrs. Fielderthaving refyied to pay the sr . /I t h irli, l o/ Commissioners issued' a warrant, of liiistreSS• N `,l o o o ,,,,l sheriff's officer proeeeded to Todmorden, t° " r y rc D r a ; woney. He was, however, met with a pererall t° aistni; ot . payment, and he was : told that he Inigl o ittg,d the partners, who were on the premises, c l o sed i e° 1 1 l they, would turn' out all their hands,: all"•'ties' I *nci ' works when he did so. Eloivever, it having' re boil t o transpired that.. there were:l6ods in - the - wti fticiea / 00 0 the firm-in Manchester, supposed to be s ° he tc 10 -satisfy the Claim,' -the sheriff's:officer said that i iite 't sd ec i 1 0 first see the stock there, and if he found 1 ,itit . 0 . would withdraW the man be had brough t i . e `' )0 4 ,'' et i and whom he then left in possession. Im ig l tv.iir F.iel - den immediately stopped their works, ' t oe of •Qtlt all their'hands,. thus causing 'considero•Telitser, meat in TodniOrden, 'and tbe bailiff iii:pesaf ssl oo . . l , 6 A re a time in 'no veryenviable position. 'The su e- t he finding that there was property enOpigh i°_ . „ t .c,11 , 706 house .at Miinchester . to satisfy the atao7a r er / 0 sent immediatelv to Todmorden, . and wi _ t ,.oak,Art man.- On the Officers proceeding to the wa'e o'4,,it 21,,Pee1-street; Manchester; ,Mr. T. Fieic l o g el trievs that no more husiness should be transactedr o 'ds to fo s s was -settled,' and refuSed to allow anY . C ° O ii either in or-out - of the prunises. He refuse", l i ed 1 7"i', tion to the officers,.and when one of thenr r'''.., re. , ,et key of a locked;door in the tipper story, it: our par e . f 0 and. Upon this - the officer broke it. open. I n. fietteo l pe Wednesday was advertised ...the sale hY, • - t he f i) :'St . quantity of-grey. domestics and sheetings 0 1 , 4 ..000 ing Monday. The sale, under such circulra b , . 0 0 _ tracted various ..parties, • Anil it was Well °Alai - is, be eo Should. state : that though the original .anae tt iZ,bla 3 to the firm as income--tax wits about 3501., 0 ;4; 0 0 0 increased by,Coats and expenses to, n early ''''; e ll. as}' thii extent the auctioneer was authorisea t ° I , go° A po sale commenced shortly after eleveil o'clock i'd faiiii tt . and Mr: Joseph' Qale, the auctioneer, , s ° , o gs, r jf o( lots, consisting of g,rey. dOinesties'and 'She e e c i e a 1..,,, 5 cv 4juus lengths,- widths, &c., at priCes freni 2 ,2„ e i r icri,rd° '27;1=11 grey 4omestics, to 91a. a yard-for- ° ;,i, usiT t o'il'' inga;-isemig,- we believe, a little, but not wi z- o liseu e cr market prices of the goods. - The 41 lot'S';' e o in t l ' J ar 13s. 5d.;.. and. tho Ugh there Were six in Ova ,° .. / ,t to . d er -1 - slogue, the auctioneer having sold "SitfAc i `xoaco' the :resiaircdiii.o!,tp.t, closed the We. ..' Guarditlx.:::-.. : " - ....- .: . ---:••'- - _,, i t i l. ~.. ieglim 'MARKET.. ASTE*S. (YE .A; .!:-..:..,, • • i , 'so' Coarse .--Coas ir e M ltrea jliiitSili dow liit:- . . ' 4,.. il"s .4: :: "4 ' t i ii ° ,l l : e it:s :ful ditto, 31 8s to. 31 12s C r rme - 1.4 1 .104 * .t4,Zivr.jf v . 31 163 , _Clove4lay, 3! 5s to 51; Oat Stralri_,...'..' $0147 Wheat Straw, 11 8s to. 11 lOs per 1 0 ,‘, , r .., ';,,, 1; 'moderate„And trade very dull. 1. ~, i . e .,' , - , 5i 1 , 117 t0 w i CumnEnutico.-•-Coarse Meadow Hit, °` - 41 . ." 4 " 7 froi dittos 3/ 10,s to 3/ 15s ; : fine Uplan - _clittßr o 3(9 ,4 ll o Clover Hay, 31 lOs to 41168 Oat Straw, 1 / 7 , 0 '407', s i; Straw, labs to It • izs per load. • Both haY,7 -.:.,„, i. off slowly, at barely stationary price's. ` gt" l 2 t lr e tt 'WarrEciterEL.—Coarse Meadow ,t'W, 7,1 ditt0 , ,_,..71 P A Y usefal ditto, .3/ 5s- to -31 10s. fine UP,Litn o - ct0w,,,4 , r -- 3/ Ifs; Clover. Hay, 31 5s to Si St; ifilb, "..it . 'r, ; - 1/ 81- Wheat Straw, 1/ iss tb.lt lOs per . .l9Pf .. , ::.•( is kt supply, aid a heavy denial)/ '`--- --:--.,- _,,,.. e - - ' - I. '1 t tl • MILA.T. bliiliZMwD`',4 " Pitle 4 ,ol ° SQUIIIALL 4 Billteit 13 Although tiv,li . .. - _A a ise t , if ,kiad of fatstockon sale to-day • was a full:L * o 0 "11 ro# 'general demand was -steady, and last weeK .s ,i f lttefek4,oLo mostly supported Beef, from 2s 8d to 0; ~,,, u 4 ,,.0,f0' Cifi ; Veal, 3s 10d to 4s . 10d ; and Pork, 25 B d,,, w, ge, ;4 , f ee to sink the o ff al. Supply—Beiests,'4B; S her ' ''l' " 3 - 50 ; Pigs, 49. . . -- N risi lige,i RostFonn, MARCH 13.—Prime -Mutton sa ift.. o * I to. Any at full.l4riees,-but otherwise the trad e Tf o l° 8 11 ' 9:1 ' 1 6 1 . 0 state. Beef, from 2s 8d to 4s; Mutton, to- 411 * i?. Veal; -3s ' l'Od-to 4s Sd ; and Pork, 2 5 8 ," 500' - i' l Suckling Calves, 18s to 28s; quarter-01...i," cak , ,, oil to 204; and Milch Cows' with their sou' - -'';'ld4.l t e each-. • ec d f t° o o - LEwEs, Mancm 12.—We had rather -, 0 0 - !/1 - here to-day on the fallowing terms :-=Bee f It gt. l : - " 2aflllutton, 3s 4d to 4s 8d ; Veal, 38 8d to 4 ", 2S 6d to 3s 8d pet 81.1 : ;;.'.. ,i,..1 a. -- ---- „c.s; , ;aIP - 0 0,;,3 CORN A V ERA 17 ,„ -i lttS,ltf i t n' ' J' • GENERAL AVERAGE PRICES OF 61 •; '- ;OPV' 0) fthe 'Meek ended Mai eh 9, ties ntade ~,, 1 P.,„0s t,' ilt• e.l the Insneetori in the different Cilia's and'''''' '. ';,,P ' )l' wales; pet Imperial Quarter.. :. , p c m• ~.... • Wheat........ 56i. W. Oats ........ 19 i• lITI re asr.'" - -: , •1ear1ey...... ... 33i. 6d. I Ryit .. .. : ... ff3i 9d ....Ott ' ,• • • • „AVSAAnies •or Tna LasT SIX .-- , g t 11 , ' . Weeks ending WALT. saii.sy.l OATS. I 111-. ' • P 6 ~.......e't o IT 1 ' l l i t 1 Feb. *3.. .... 10 52 733 1 1 3- , 1 " ,1 , .....'" . .. , 9, . 1 - 17 ..... 53 6 33 4 19 , o'. , 31 " 1 .10 gil 5 / 4 0, • 34 55 1 , . - 34 7 19 7 '''„, A , -,fi - , f is' W' t Marsh 2 56 233920 0 n ' 9:' "til*r . e' 9 56 0 33 6 -19 11 ..' of' , ~., jo- IMPXIIIIO •GORIAATZ A•ZiAOSS 0F*40 1 ',:::,, #1 Wheat ' 546 4d. 1 Data ..... . 19;: 0,1 .1 peaSe' / TO. tit Batik!••• 33 - 74. ~..0, 33.. 54 I Rye ..,.-;;... r• , s , . , i DUTIZS Olt ItOnstaTt ~...C?ioeso °' . . o , e pi Wheat (..;..; ... 18a. 04.1 0at5,......... ls . : " . ,:i:t pea " - ~t pv: filarial' .... ..... ss; 'WI stye; .;;.,,.:,..S,l l ' Ll' ) -- --- aelty4 o ln svP r jefl' The . Bishop - of London has an n ot dosl 0 January=, 1845,:he will not admit- allY E xo ra r fio:V versity of Cambiidge as a eandida! o 0 ,- - has not passed the voluntary. thoolopcx ' ITIRTgS. • :„.64, 0, On, _ the 14th inst., • G eat Russell , '" - 4 1 in . r ,,,f : pf 1 Mrs. Joseph Aldridg, of:u - son.. , t he P'''; meg Ou the 12th inst., at ' LEros Regli4 flo , illt r Waring, Esq., of e daughter. . - c ter ' On the sth inst., at Badenßadeu, the Is •. ae ripe-i Esq., harrister-at-laWibf atia:ughtert Ate' pot', }Pi! On the sth init., it BetltUngton, Stirr e ica a , , s l3 ` V It°3ll ' l4pf a Ben, Whie4, initviNied its birtli:optsa . Cl l On the 7th nat.. at 'Sthetton, Wel ver ed li e b t' s f - lie a c i Lieutenant-General ,Moueltton, of a sear- f ejl, •- pai On the 9th inst., at ,the Vicarag e ' Sta t 1). Bev. W. W. Berry, of a sli ret On the 9th inst.; -at* EbloY, Glouceste.r_bas lig il Peter Leversage, Esq., of a daughter, ati l 0 1 0 a l. oi C ?bo; f i le , 4 • •• . . - 2tLARB/La ks eller , f C4 l ° C f el7 OU the 9th inst., Mr. Pletcher; 1)0i:4a, 0 ,el!' Ire i l, MarY,,datlghter,of - the late John Relfe , '5,1011,1.1410 or On tip 3 9th ipBL, atl-St. George 'B !A eon c4 iptiie j Walter Tte•ders, of New rockham, thiP' ',co, ~ I of Gloueesterplece, Old Kent-road; I °. . 1).--- • Kent, of Bedfords-place, Old lient:r°4ll. P4' ~! :- DIEDG:corg e slit. toil., i i i. ;pi ozi the 7th4nst., in London , Waringstowojreland,;aged 50; . 0 01 11 1; 0i A m On thelth mst.,Zarry NeTes , 9' the Ir` colt'gt• On 'the . Bth inst., A nne Elizatt , , 4 0 _ . .,vs, I i r ij°l o ev oar ir Mason, Esq., town-clerk, Lincoln- p o se -or ,st On the - 10th irist.; at Crouch...l,n, Pig shite.' , eir: .Esq.,ifif-the firm of Sir C. Yriie an .... , -_ , „,,,zhea s , , 4 4 On the 10thiiiist., at Watnall, , r,,,:`. , — o ;totif.,f . ii lir wife 'of tauneeldt Rolleston, Esq,,Ls"- - 1 , 0 01 . ,IA O, in-.Allsop-terrace; New-road;ftiti-`ll,, V, 8 4:1•9 L" ~ e 4 :a l ici •:... On the 3d-Inst:, Thomas " „, f icli, ', ;)" 1 square,.aged 63. E .., .of IP"oisr! oi . On the Ikinef., George Kitliarl ii s tli, • o f P .7 On the &i inst., at Camden -place, ~, iife gi. :of E. Earl; Esq;, aged 83. . " ~ J s ue, t' . .0 0 On the 4th: inst., atCarabetwvi „dal' d er Britton, Esq.' . • • i inr y, reli e "' ' f pe'r Otilhe Ath inst., at Islingt oo 9.,!- . . ,5440 tern How, of St. John-street. - : ' , rails,: -' ._„, On the 4th jest:, 'Monies Flow . ' ..,,,,,iir 4 d , On Streatham, aged 82. ...,, ni b, of P ' . Se ,On the 4tl! Lust., Mies „IN hit e° . _ a ttol i On the sth Canldep-town 6ci. , P . ' • y e 'inst., : _Edward . Frere , , vr i 0 near Bath, aged 74. • c el • lISP V ° lk° Iti Pt London.:. o op ii :P , Ser ri l e n i d, all at ti The P_ub s. li rn he otrar d i! cei f oti r/ 16, 11 5 44, County of ItiMuost x 11%41 . 1 4 I . I • t i S tl 4 ‘44 l ' U.