The Sun. — London, England, 1845-06-20 00:00:00

TEE SUN, LONDO/st FRIDAY MORNINCP,I, .I.N.E; 20, 1845. torh _............................,....-........... tipite Con lition of tl - lose persons who had em'.arked a lei-ee Ititie h ;„ Der htn' for personal purpeses, but eto . ainly Al' pot : view to the greatness of the cosier, y. He wee... bed a c t ) , into a detail of the ins , ui bances whir i • pat h e " place, or o f tho s e which were appreheto•st ke etto w °old say th a t it was i ncum b e nt upon the Gever f oh , 4 Jake st e p s f or reconc ili ng a ll ( l eafleting interests, an.. , r e . a elng th, co l ony upon a soun d an d secure f oun da , ion. A ti t ,r 4 l, son of th e system o f co l on i sat i on p ursue d by other na- Illt o f I :sin favour of the English system. What was th i re• ofti e e French system in Algeria but to provoke the hatred ha tenatives? So much so as to render it unsafe for a French ft.4,2!alk a mile from the capital of the province 'without a Itkrjr. -- (Hear, he a r.) He could not vote with his Hon. thiter r aed Frie n d on thi s occas i o n—( Hear, hear)—but he call span her Majesty's Government to state, not that 6...._0e1d condemn the past, bat that they would modify and ire the fut ure. g 1 , 4 111,,,,_• "EIL said that, although the papers were exceedingly 4 4143, as to the controversy which had arisen be wern s he Ittil of " -44 1 to whom the Governmenr had eetrusted the co.- N l u Tcolonial em pi re , it w a s evident that there were ,onie 1 4,,,,,._ 14 1 nine months after th' treaty of Waterier there was tealZgeraent eati-r , d tut:' which hail tievi-r beet, fulfill d. ~ e o , td been raised as to the meeeing so th , r At ', 0" lka„ gl l , but no qu es i-n Liao teen rated vyth res ,set to tti 4, a ii 4 at was en t ere d in t o _.et • ten the Uovei .i.erit a, . the hay ee lland Comaa•v 1- les-in, Tsiere cool ' b , no tesetre 111e the fluter.' fie dui s , o: he'i.ve, . 0 , eil iie too t his, 4 :the Hon. Gauleman ii, i ,osi e sia..ae-te • t`i ,t 3.iy ‘;‘, - 4141 e Could be r.o•ed ; .i.otha i is he allod d to tilt' I,t(tl 0 1 L a lt !Inky's havi ng sigiefied s me (lout). as to the m '1 • • ‘ laZ that a.rreerneet. But t•,1.5 lie knew th is 4 th e i -* Mr. Som.ss, one of the mess impute aot. ....nib, t it s , e's Zeal an d Company, cil!ed 'aeon Ilia Nob Fr d ie.i ei take elt alanation .o that r•greerniset, and his Ni le Fee-is . 411 "'he , for L. nil in adopted toe exieaeati. - ii Alen h i• B tna gi , v t'n by the Company, and he was not aware that L.ire tive il . - Y*;," , r intimated that a cliff t'ent expi ,nit too e-odi b• I ll etti o , d 'iQ Sense and plain ju:itice put to comma° sense thi a'ilr il , -- flad that. aareement ever bees fultided? Had O''' q ll) c i l'er been executed ? The Com:it:or iaso e ii t. I .;'..urn les '"''L They tail the found trios; of a ereat essl snt • aaC s Peat vast sums in the construcsion of puhhe works. Meier had they received in return? The tpieseiri de. t ht st „ . ° , 3 ll a few facts. It was a great arid proono nt t w ee t kied7 to high relief in this case, that an agreement N e ' and an o u tlay was made by the New Zealaini ,Nhy Y , and nothing was received in return. 'That 1 40 Wa s certain, it was acknowledged by the Govern gee and nothing was given in return.—( Hear, hear.) °lte Was a great 6 fact, which no earthly intrepidity stn, tlgatioa could controvert, which no sophistry could get k.4tat Ceti New Noble Friend sent instructions to the Govern. ce ti eew Zealand to carry that agreement into effect. h not conceive a circumstance stronger than that Na, ef , e had mentioned—an original agreement, deliberately Na `,,,e , the treaty of Watonga, riot ratified by the Govern- S e i r lis Noble Friend went out of office, and Lord Stanley 4 114 t ts and, to his ( Mr. Sheil's) great surprise, the Noble Nlettate at once i n t o conflict with the New Zealand Corn tri They called upon him to fulfil the contract—they en ttthe h.iro---they expostulated—they remonstrated in vain. sty time of th e un h app y a lt erc ation that arose between the Teitteut and the Company, his Hon. Friend the Member Nl,Xolouth, finding that all chance of justice at the Co. 0, t e ile was at an end, applied to the House of Commons. 0 tak. t he House of Commons and the country mark what Ok i n Place. The Committee which his Hon. Friend 0 t eit ! was not resisted ; they (the Government) invited b la L . _ The Government formed the Committee. That often mentioned, but the fact was so important. top e , i tn Pared with the result, that reiterat , on was riot hi ate. H ow was the Comm i ttee const i tute d? Treek i k M tt, , sr t nent appoi n t e d fi ve Whigs, and ten—what should he la tkr'aUghter. ) Ten of their habitual supporters. That co nstitution of the Committee—five Whigs and ten I.' 11• t ' r es• And among these Conservatives was placed `40411,;. Gentleman the Under-Secretary of the Colonies. 1 1 1 4 1 the e ' rie ln Was placed a Gentleman whom he saw opposite. L p re ; he believed, the Secretary of the Treasury, but who N. A tc l in the House, not out of the House, his frialifiea `x k lettati nother Member was Lord Jocelyn, since made the AN . of the B o ard of Control, and another was Lord s._ gerton. He thought that it would be admitted that iliel7ittee more favourable to Lord Stanley could hardly Nio l ti The Committee met, the case was thrauahly in . I tes etio , all the documents were laid before them, all the ttat aets " respecting the treaty of Watonga, the different ti t whole mass o f aers, swollen to a mighty er. ' l ee, under he which the tables of the Hou.:e s i g n e d. ( 14 111t7 n tined their papers, which showed the nature of their • Na , 4 nd vast of milli on which a yarit had never tracts left a vestiges of. After acres, a most laborious g aud surely he was justified in saying a most impartial tlittir: tinri----t 0 what conclusion did they arrive—wi.h a large ,C . II • To the conclusion to which his Host. F. iend invited once to come. They reputed against the its of hear.) That was an tiler thing on which -s,q. o f f' Committee the case depended, and on which he awed sic. Ni t 'of' Committee appa.nted by the Goverdm tot, a A a k i,, iY i ef ten, found a series of resolutions isiculpating the 1,,411,1.-office. That was a tact. But there was mine to be . I'll4,, tl 'd to the atte n ti on o f she Hou e Ana tie: country, whos. l%4: t ,thit subject weis of more impo•t nes. thtei a sy rie ettlew?teh the House m.osit arrive. Lost Sttniey, in hi ,,, e t arie s on the re lust, east that t'se C 111 eT3l . t.-4. 1•V2, , !Mt c _, ll 4 h U S. He sell that the resin wire were car. ied by tee - ,tjl."ties. \Viten he Cllr. Shell) saw the statement look 4, 4 ••° l 'd Stanley, he ana•ysed the maj r ty and iniaori y, 46 . , h o ed t to the division of the Commete.e. whi la i iek pi see sti.to e i f o und that in the resolutiens most strongly -osidemo -1,74, 07 ssjaidee, and tie . whole 'if t'sie policy nein whet tha P.talled New Zealand ware caiidueed he to in i Cult. in wha' ‘4 4 t r ad th a narro w ma j or i ty , t h ere vo t e d aga i nst h im 11•5 Hon v al, e Member for Pont e fract, an habitual supporter, an L tla n a nd not only an useful, but an ornamental—supprote , hrvernment. He found that an honourable a most : Id y_ished r: i -entaeman, elected by the Governmont o moya k t a e , r s , s at the commencement of the session—he me ins. I, ` 4l l arteris—he found that he also weed sgaintt Lord ttA k _ He found th‘t Lord Jocelyn, an Irtshman, who, he Nes _on this investigation, might hive remembered that :te,Zlailey was once the Secretary for Ireland—( Laughter ) ~ i . 5 1 14 that he, whom they had elected as the Secretary f e laa Nt ßoard of Control, voted against Lord Stanley. D - e 7!%.. 1 1 last in enumeration, yet the first in account, he WC'ttoelLord F. Egerton, a man of great rank, of the highest r i,: t h this country, of great talent, and of inestimable k e •i e d 1; a l ean of whose services the country had been de 414t'i,t1°1se's which all of them had concurred in l a men t i n g , th net - " a t he voted against Lord Stan le y . Na y more, he e op e ler - '„,tent with voting against him—he found that he was i„....4.-4,141 who moved 'as an amendment clauses strongly 4' , aft , - " k _'''rY of Lord Stanley. If the House was not aware 4. l tta, - " e ol mark the words in page 20. What words could tk e ' m P i ..,„!gnificant ? An amendment was proposed by ti,Jtev e ,.:cla Egerton, that these words be added—" . Th . at "W r u mens of Lord Stanley was productive of very . inju• PLe s a n le ,!inences." That was the whole case. The entire of tZti n ' t ' k unls of his Honourable Friend might have been com . - 'll,oef tk rse expressions, and that resolution thus denunc . - 0.4rt p ,7 Government, moved by way of an amendment. So of the conviction of the Noble and virtuous Lord of the eh _ ' the treaty, that not satisfied with the justice of the re : moved by the friends of the Company, he moved the elite a nt to whi c h h e h a d j us t ca ll e d th e i r a tt en •i o n. He Zala d `"ttld rely on facts, and he would ask them when they 11,1 hint the honour to advert to his observations. not to tl?d L e ln _ (Mr. Sheil) but Lord F. Egerton, when they would 4 pk ee rd Stanley. After the Committee had reported what 4Lith er ' One would imagine that when Lord Stanley had s ksit h e Pert of the Committee he would have retraced his tiO h would have acknowledged his mistakes—his policy h iv e been altered, or, assortl events, that he t t licee e av e entered into some of amicable corn araZil with the Company. What course did he take? si4tia t ,T ir a dispat c h, an d h e seeme d t o ha v e thought that as rll l4l4eh t 4 against Lord Stanley, he ought to make a cross Lo rd Stanley against the New Zealand Company. His ai s Se, i t eritained a series of animadversions on the Company. f e ,4l.j e . w as drawn up, in which it was stated as colonial law, hZ 1 147,,t0 a principle laid down by Sir Ge urge Gipps, a 11 1 ,1etartteiple, namely, that barbarous tribes had no yessed eli lll arl land. Lord Stanley's course was to dispute L sea and expatiate on the merits of the New Zeaiand 1 4 7ti e l; Let laim call the attention of the House to the si ate thateunonsness made by his Hon. Friend (Mr. C. Bulle) kit le i s i!rlY speech—( Hear, hear)—that the mast powerful h li Nt is et e vi l eala t l- ;e ti founded er his I. n it h le ab o i n tat t e b s e gr t o o und de t it a h t . he tv,,_ 3', h .) The report had no effect nn Lord tli kt m fo e „, u t a great effect on the public mind. When et th e 7t e hat no grant was to be mada to the omains 0; 1 e % in n . rnment would not act a.-cording to th decisio d Ike t .eapi t t n i ttee of the.r own nomination, the mereh nos a • q Itt e4 alist s of London assernoled to tether and pre•ented Iti: ri ere n ; e to which he begged to call the at.enti sit of the al io lie and to the most able eseose.ion of the fact: by s,, t s Wi th clew] the . Member for Sunderland East nectar'. t it i e , , la usual comprehensivenes- He 41S ,..etited 1 4 s te ed 'lalts that were 0 .mmitted. He ( •alr. Shea ) did not tit,r t i.:l,Y that nothing had been s.airs comparaele won The la i lts w of ', 3 Was set serth in the petition of the oier shauts and 1/ itla tn e City of Londou. 1 hat petition was presented tl i ,t L or . ,; 4 ght the 18th of March. 1815. tie bath woo , he Ott,," or ti.e Treasury anted with oetitions from tee iner- Ili ' :' ttiti l l ' e had seen him stand up in the House of Comm -:ss .. N i rap e ., t u L e t - rnphaos peculiar to himself, exaatine n sit ll4' if t hince of the support derived from teas great busy. is k kni i i r ,"e Were his remarks, surely it would be felt that. tt 4 Ate r -n e which he was now about to advance, not only eon et "et Y r net denunciatory of their c nduet, was deserving. 14. 4 , of the„ attention of the Government. at all , a 4;' th at the attention of the pubic. The ,w;;,,,, .01.„,- tli s 'l , e differences and dispute 4 in the colori:e.. h nl p , i eh e t ! seatansfaction and complaiet. which brought the new tli.t‘t„ tis k ti ettlent, and the Company almost to the verge of de 2Qbet This petitioners, in common with the whole comaiu ti` r i for a Select Committee to inquire into the state of NZ , a e d a . tt,ds and the proceedings of the New Zealand Corn tisk Za e iLtated that, as it appeared from the report that the . talL'Pee t ' q d Company had been exposed to hardships and ill 4'd t er ' the result of the policy of the Colonial-office, they tiitlreiprlsrnitipt interference and redress. By whom was that tt,;;Colo:Sentee ? Not by a Whig—not b an partisans;anago . nist of , i'atea I' 4l- office—not by a factious 1 titek4Aattitio"eY ‘ .) .. o_hn . Mast erman. ( Cries of " Hear, hear.") - it, th e was signed by two of the HMI. Members for it app„ one a Whig and the other a Tory, and yet it was ,s‘a t'bl e l r r it that that petition expressed the sentiments of ~ n o ?ove ri , end near him. Let him ask Hon. Members of %i t ad a i ru ent opposite had they read the names of those 'ate. t he 4 ,gbed that p e titi on ?—( H e ar. ) He found attached N'it '!fu rie rn ea of merchants of the first city in the empire ; t, t tti th z e a rePled opul ence , and those whose signatures stood 1 k et ra nks of the commercial men of this, the I t at e ? Metropolis of the commercial world.—( Hear, 1 'ly e to „ .. ‘t would be the answer of the Govern ' 'Ni,. ` ui s petition, or rather what had been the (lie a ' S ert a of -- r.) Had it not been in effect to blight the . tla ei y of the British empire in that region, and to place the 41 4,4 - -iti t he emigrants in that country under a perpetual *4P ilkeo, hear.) The colony had been said to have been .S P t i ° L tigh r i s u i ) ts the progress of trade and agriculture stopped, • 14 he to, '34 been arrested in its operation through the field . 14 4 4 "a the i i i.la.. tad Wood, and the emigrant had, in fact, become I tleZ hut ' ‘ , ll l the recklesss spirit of ferocity to which in sal,. hearsriaen him, blood had been profusely shed.— ' t i i ‘ l ts,:! % et ) The Noble Lord the Member for Sunderland 1 & A t tl ee I . o _ the blood of Englishmen was crying aloud . for 1 Na h , ene 4t r What they had suffered since . their emigration "ka t - gered 1, for that a feeling of just indignation had been kt 44 t t the disasters by which their emigration had ave ( led ktit . , , t , i ta ell - t:if ah;co l ear, hear. ) Let, then, those who did not th e i r s , system of policy . being any longer pursued, iktiir'llia votelenetic authoritativeness and factious lsophistl - 4, J A in favour of the motion of his Hon. Friend. t p ' t tl e ; f 4 fali en ' r GßAHAM said that, after the observations „,talt,„.th e s ~, 'rnai the Right Gentleman who had just i' s Pli e ; .4 th e "ell as those of the Hon. Member who had in ' !Rai is sitig h.sebject, he had risen merely for the purpose of .shad f all 's entire concurrence in many of the observations ) at e C th e e i ll from Hon. Members on the subject, at both 1 t ille7a oo„„ ° use•—( Hear, hear. ) He would assure Hon. I,7eN b `ne ;Posits that he was far from attempting to under ,sscirepr:rY great importance of this subject; for he felt tbki ( d_atit a Zsed With the immeasurable value that the islands of liN•s '"Pra re "_ W ere of to this country, knowing, as he did, the f 4 eY of this country, and the advantages the har titteit4l:' N'w Zealand to e° %s ettle afforded to that navy, as well as to - ‘44 graph ic r ee ; and he could also apprecia•e the value of th e L ,... 4 Position of those islands, which, he was aware, '''Y to the traffic between this country and the China f'eas, all which he was willing to admit were aettters of great mount to the conmercial sate -es:s of i.ais gralt commercial emiiire. a( Hear, hear. ) He aats also e 'nd to state that an additional reason he had f canaurrinia its the obeiirvations of hi , Hen. Friend opposite sac, , h, t h i . .t t: c, asitty, is slice t r the fart, that the increas ing papulaiioa of this country required a well-regulated sys tem of ccaonisation.—( Hear, hear. ) Having prefaced this question with those observatioas, he now begged to assure the House that he did not intend to foil') w the Hon. Member op posite (Mr. Buller) in all the details which he had laid before the Howie, hut he feared he should be compelled to detain the House while lie entered into a few of them. lie was ready to admit, distinctly, that much of what had been stated last night, in reference to the affairs of this island, were traceable to the two causes mentioned—namely, the mode of emigration and the abaence from the island of those who could have exercised an efficient and effectual control.—( Hear, hear.) He had no wish to weary the House by entering into a statement of the manner in waich this colony had been governed under former Administrations, he would rather now paaa over that, and come at once to tha histo y of the transacinn, connected with the mode of carrying out the treaty of Watonga. The Hon. B van at then read a passage from the treaty, by which it ap peared that certain rights arid privileges were to ba pre served to the natives arid the ernierants reTeetivelv. 1- imght he permliie i to .tate tviat it apaeared to him that the a .- a •liffi silty shah his Nail • Friend at the head of the (7,ol , iiiia: had had to etieoisater„ since ha became toe servant of ho G own ha I bet's ihe task .if tecanciling the treaty of Vu'. n a. which h. :rani , { a:atuna cs hinting. with the charter ,t Aar id a she New Zealand Co.nnany. also given by the advice of h.' Nobla L,r 1. The diffiattlta• of remeiciling these two eriaitgern tits was stated. he thought. very forcibly, and, as he tianah.. very fairly, in a paper which had b en presented to the aioa , caatainiag a diseus.iion w-ich had lat , ly arisen between a a Gavernmere and the New Zealand Comp iny. Th.. New • - •!and C :mu iny Kail It is impossible to reconcile the missaina v system with coloaization. The object of the atiss:atiaries has beett to prevent colonisation, and to preserve nai ion slits ot New Zealand." The House knew the noeneed hy the Nets Zealand Company, with re f-. enee et the two documents—the treaty of Watonga, which pewee.led on mitsto •ary Principles, and the agreement with the New Zeataad Company which was founded on the pas' system, eaeiely, the system ot . colonisation, as contradistinguished from t' .e missierary system. That was upon two entemenist docu• meets. He entirely coecurred with the view of the Nev Zea land Company with reference to the two engagements. The Right Hon. Gent'eman who had just sat down had contended that, consistently with the engagem 'nt into which the Crown had entered with the New Zealand Company, it was not just to call on that Company to prove their titles to land, to which they were legitimately entitled, before a court of appeal, exercising judicial authority in New Zealand. lie (Sir J. Graham) must say that the view taken by the Right Hon. Gentleman in that particular was entirely at variance with the recorded opinion of both contracting parties. The Right Honourable Gentle man then read some very lengthy extracts from the Trespondence which has taken place between the New Zealand Company and the Government, and also with the New Zealand Company's agent at New Zealand. The Right Hon. Gentleman said that a misund •rstanding com menced immediately upon Lord Stanley's taking office. Now the fact was that no such misunderstanding arose until 1842. lie ( Sir J. Graham) was sorry that when his Hon. Friend the Secretary for the Treasury addressed the House so few Mem bers were present.—( Hear, hear.) But those who had the advantage of hearing him would concur with him (Sir James Graham) that his lion. Friend had used arguments respecting the treaty of Watonga, which were irresstible, and which he (Sir .1. Graham) would not weaken by repeating. Up to the year 18 2 no different s had arisen with respect to the nature of the contract between the C impany and the Crown, namely, th a t they should prove their title before Commiss i oners of inquiry exercisieg judicial fund inns. In 1842 disputes arose of a serious aspect, and it was the desire of his Noble Friend the Secretary for the Colonies, if possible, to devise the means of adjustment upon the disputed points. He first indicated the mode of ailju-tment as early as January, 1843. The instructions to Captain Fitzroy were given under a con tract with the Company, that he should be allowed to act independent of that corporation. He did not wish to enter folly into the whole conduct of the Governor there appointed, nor all the subjects of disagreement between him and the Company ; suffice it to say, that his recal was founded on allegetions —subsequently preyed to be correct--that he had disohey• d the instructions furnished him. There had been a condition always reeegnieed by the Company, forming part of the original engage •tent of 1840, arid subsequently con fireted by the Colonial Secretary who succeeded the Noble Lord the Member for London, that the selection of land should be made within certain specified limits ; and that the Government should receive from time to time full and effi cielit information of the land divided there. But since Captain Fitzroy had arrived no selection had been esatie by their agent, and consequently no report had been re ds red by the Government a home. The 'ion. Member for ~.vreast4b under- Lyn•• had sail that great a lowanees were to he male for Captain Fit zrov's errors, in consideration of the difficult - jest which he had uninterr••pte ly encountered. In that f.enriment he heartily concurred.—( ) It was true that ~., v erai Its berletnee had de•racted from his merit. The iseue of the in-• nen-rale vapor, and the subject of eelbroidne the eetite a a ith nstives of who e dependence could hel u• q a •tionablv decreased he confidence of the Cov•rnmeet •n their effieer, And. while the rernissi in of e ll duns of emst ins we: espial), intlefens.hble ; at the same ems would b' remeimb red that the dffiieultv of lev3ing sit ims elEtetitlino over three thousand miles was a y ex'resnely difficult to be rill - roefi— Near, hear) — hut I . `toir ba n t rem:t.e , w,th.,ut ice -ppeal or remonstrance te the Ho•n Government, was highly injudicious. Tue Hen. Members for Lambeth (alts Hawes) and for Liskeard troller) had nestle severe comments on the course pure sued by the Colonial Department, and had suggested the pro.. eriety of entrusting; the entire management of their affairs to the rte.“ , ••••• , , - - - • • - • • 'tre ;3 lf f ,LFR dissented. What he had said was, that local self-rewern , nsnt might be suceessfully attempted. Si , OR ell A Nl—The Government had been charged, also, with attending to home interests and home influences Ilne. He would no' co nhat that proposition, but would ob serve that if the Highs Hon. Baronet ( Sir R. Peel) at the heal of her 'Majesty's Government, casting aside the interests ee Inrl.ooo New Zealanders, at the Antipodes, had virlded to considerstie 5 of horns , interes's and influences, he would have experienced inuch more ease, and much less opposition f, one Members on either side of the House.—( Hear.) The Hon. Member for Liskeard (Mr.- Buller) had quoted the advice of the Noble Lord the Member for Tiverton ( Lord Palmerston) that they should no more suffer the nonsense of the cofonial office. Now, without offence to the propounder of that suggestion, he would say that, considering that the Noble Lord the Member for London (Lord John Russell) was then at the head of that department ; and, remembering the character of the then Under-Secretary, nonsense was not likely to emanate from that office.—( Cheers ) However, it was not to the past that he would refer; that was infinitely of less importance than the future.—(Loud cheers.) It was impossible to hear the speech sf the Hon. Member far Coventry( Mr. Ellice) and not see that the manly and vigorous sense of that speech—(Cheers)— demanded an explicit reply from the Government.—(Cheers.) He for one would answer as candidly as was consistent with his duty. The first question propounded b the Hon. Member was. whet, was the construct ion put by the Government on the treaty of Watonga ? His answer was that her Majesty was enti. tied to the entire sovereignty of that island. subject of Course to certain igements—the prime engagement being he protected in the possession of thatco n thet i n g t nativesncie e a should lo egg uld land and property ; add the right of land being vested in the Crown, that they should enjoy all the rights and privileges of British settlers. Such engagem..nts should be religiously observed.—( Hear, hear) That brought him to a corsideration of a point of sonic importance. The words of the treaty were " in possession of the natives," in the letters patent granted at the incorporation of the Company, there was a marked differense, the expression then used was "lands occupied or enjoyed," the concurrence of both words " occupied" and " enjoyed " implied that some difference was intended between them. By an Act of the local Government, the sale of oecupied lands (by the natives) was prohibited, yet pre-emotion nn the part of the Crown must have been conteni elated. They could sell something to the Crown, therefore it must imply unoccupied land ; if so, it plainly recognised the right of the native to sell such unoccupied land. The Government. had been asked what they intended to do with respeet to the land. The Government intended to do shot which Captain Fitzroy bad been instructed to do, but which he had omitted to perform. It was proposed, within a limited time, to call upon all the natives and settlers to come fore-ard, in order to poise their titles to the land arid register their names, and all perties failing at the expiration of the rime to register thee- mimes, the right of sovereignty being secured under the treaty of Watonga, tee unclaimed land; world, , at ri ht, be tested in the Crown. In se tett confosmi.y with the treaty et Watonga, the Crown ',eel els become p .ssesse'l of a large portion of :waste land in 'a;ew Zea and. Is had been aAce , l how does the Government int •ipt t deal with the N..s Z .alerpt Company. l'ositiee iestructems ill be given t d the Gevernor to put them into ..13 , 3511/11 of lands within the asagnel limits of which they lash make e see of which they shall retain , he p isseesion. lie had been asked. wh t are the inten reel. ,f the Government with respect to the duties on ate Ze earl. Ne. eeesideriet the remission of the cestrens eut lee was a toot .a ivised act. lie was quite ready to jus try 'hes; at,ino it made by his Hon. F , tend the Secretary of ts Treasury. that ostlers on the subject had been given to the qoeernur of New Zealand. which he had not senperly attended in. He had then been aske I a question of more importance tt s ar, the reft, wrest were to be the institutions under which New Zealand was to he governed. He would answer that it was the »I the Government, and directions had been given to the G everenr, that municipal institutions should be nireid te the settlers under the New Zealand Company, and it' aey lot Crier oteti uneris should be required, the Governor was iiisiructed ,tut only to enlarge the powers of the municipal institutions, but also to increase their number. It had been stated, in strict ascordance with the principle of colonisation, that concentration was not desirable. Dispersion was the most prudent way of colonising large islands ; by dispersing thy multitude, a better local government within the districts, and a safer general government would be secured. It would be said, however, that this was still an imperfect Government, and that representation after all was desirable. He was not, however, prepared to acquiesce in that proposition. A solemn engagement had to be observed. The natives were entitled to all the rights and privileges of British settlers. if the repre sentative form of government was to be adopted, the natives must be admitted to a share in it. If they were admitted in their present state of civilisation it would be premature, and if, on the other hand, they were excluded altogether, it would be inconsistent with justice, and would have a tendency to increase discord, and promote a spirit of dissatisfaction. At all events, he was satisfied suck a system would not prove of the slightest utility under the cir cumstances in which the colony was at present situated. Again, the Right Hon. Gentleman had asked what was to be the law of succession to landed prof arty, and more especially was primogeniture to be maintained, as the right of succession in that country. He thought the Right Hon. Gentleman would not have pressed that question upon the Govern ment. It was a general rule of law that British subjects, in whatever quarter of the globe they might be, as they were still under the dominatioa of the Crown, should carry with them all the rights , privileges, and immunities of the law and of the Constitution. This was the only expl British anation the Government could give ; and if any one asserted to the contrary, it would be a violation of the general law. He had endeavoured to give a most explicit answer to the Right Hon. Gentleman, and he trusted he would b e satisfied with it. With respect to the errors that had been committed by the Governor the Home Government had marked their sense of them in the most pointed manner. The question had then turned to the appointment of a successor. The Right Hon. Member for Coventry thought that no appointment could be a judicious appointment which was not sanctioned by some gentlemen in England. The Right Hon. Member for Somer setshire was rather of opinion that his Noble Friend had been guilty of some indiscretion, by not giving some specific and written instructions to Captain Fitzroy.—(Hear, hear.) The Noble Lord the Member for Sussex had said, do not fetter the new Governor with positive instructions; tell him the particulars in which his predecessors had failed—point out to him what is right, but leave him entirely to act on his own discretion. He (Sir James Graham) entirely concurred in this. Captain Grey was the person that had been selected as the new Governor. It would not be denied that Captain Grey possessed great abilities. On a former occasion it had been stated in a report to that House, that the course pursued by Capt. Grey in his treatment of the aborigines was highly commendable, and ought to be followed. The only objection of the Noble Lord to the anointment was the inferiority of rack of the new Governor. He (Sir J. Graham) could not see what Captain G-ey'e rank in the army hail to do with his qualitica tions for the offense. lie reassessed truth, combined with expe • rience and ability, and these were the pri-icipsl esseitti •is for the station. He did not wish to detain the Haute at great length, hut he should be unjust to his Noble Friend Lord Stanley) if he did not state • what was his strong impression oe the interests of the unprotected natives. He did not admit that that was the end in view, but if it was the end, then the motives which led to it could not be impugned. He was sure his Noble Friend (Lord Stanley ) had acted from the most eeneroue and humane feeling;. Cer tainly the House had to consider whether the colonial govern ment, as administered by the Noble Lord opposite (Lord John Russell), snd also as administered by his Noble Friend, had been that which was calculated to serve the interests of the colony and maintain the dignity of the mether country. It would be for the Flouse to consider all these matters, as they were justly entitled to do ; but in taking such a course they ought to weigh well the difficulties by which the administration of affairs in this colony had bsen surrounded, tine the evils that would result from the adoption of such a course as that recom mended. They ought to take into their molt serious ten sideration whether it was just or politic to pass a vote of censure on what had alseady been done, perhaps from a mistaken policy, yet still. he helieved, from the best intentions. Lord JOHN RUSSELL said that he was called upon to anldsess the House, as he wished to make some exp.aeiations of what had taken place between the Colonial Deearnment and the New Ze +land Company. He would first address himself to the difficu'ties in which the colony had been placed, a; between the chief advisers of the Crown, on the pa , nt of the Legislature of this country, and the colony of New Zealand. On a previous occasion, he had stated that the proper course to pursue, with regard to New Zealand, was to treat with the natives for the property of the colony. He was in hopes that the course which he advised to be taken %voted, lea t to an amicable settlement of the question. But the course taken by the treaty about that time prevented that course to be taken. The Honourable Gentleman the Under-Secretary for the Colonies, as also the Right Honourable Baronet the Secretes) , for the Home Department, hail stated that the principal difficulties which the present Go vernment experienced in the managemen t of Now Zealand, were principally r the fruits of their pre7dece-sors. These state ments having been made, he (Lord John Russell) was obliged to refer to them, and in doing so, he would have to ewer into some matters of detail. He was there to perform the task im posed upon him. He had been highly complimented for the course he had pursued by the Honourable Member for Coven try ( Mr. Ellice) who was an intimate friend, and also by the Honourable Member for Newcastle-under-Line, with whom he was not on terms of intimacy, and with whom he hail never any peliticel alliance; but still, holding opinions different to these Honourable Members, he felt bound to state the reasons why he so differed. An Hon. Gentleman in the course of the debate, said that gross blunders hail been made in the engagements entered into with New Zealand; and another Hon. Gentleman said it was difficult to reconcile what he ( Lord J. Russell) had done with the interests of the country. Had he made such mistakes as had been alledged, he should consider himself unfit to hold the high office he had held. But he was obliged to state the facts of the case. The islands of New Zealand were recognised as an independent State in 1539. In that year Captain Hobson was sent out, with poeer to treat with New Zealand as an independent territory, and, if necessary, to take the country under the protection of the Crown. Captain Hobson was successful in concluding the Treaty of Watonga, by which New Zealand became a part of the British dominions. The treaty was not a long one, yet the Hon. Gentleman who had qu :ted it only read a part of it, he had not reed it all. He would, therefore, read it to the House. The Noble Lord then read the treaty, calling parti cular attention to a passage; to the effeet that her Majesty guaranteed to the natives undisturbed possession in their lands, estates, and fisheries, as I , ng as they wished to retain possession of them ; and that the chiefs, on the other hand, should give to the Crown the right of pre-emption of such land as was not required by them, at such prices as should be mutually agreed on. The treaty was, therefore, made up of two parts—first, securing to the natives the lands; and, secondly, reserving to her Ma jesty the right of pre-emption of such lands as the natives were disposed to part with. An Hon. Gentleman had claimed the enforcement of the treaty, but if so, let them have the whole of it—not only that whit h relates to the interests of the natives, but with regard to the rights of the Crown. With regard to the first part of the treaty, he held that the inter pretation to he given tit it should be the same as that of stipu lations in which islands have been. ceded to this country in times of war. It ought to be considered like treaties with foreign countries, and interpreted in a manner consonant with the common law of Europe, and in which all civilised nations were agreed.--( Hear, hear. ) What had been the case with regard to Canada, Trinidad, De merara, and other places? They did not say that the natives of these places should have possession of all the lands that might be in their country. In the treaty that was made after the war of 1756, no such course was adopted with respect to Cer.aila. No, they said that the property which the natives held in their own righi, and which they were actually in pos session of, should be secured to them—that no one should dis turb them in the enjoyment of this—but with respect to the waste lands, it was distinctly specified that teey should be held as the land. of the Grown.—( Hear, hear.) It was hardy necessary to go so far out of , he way as Sir George Gieps went with respect to the doctrioes which %vete main taineel by p ibltc writers on the subject. lie would not there fore quote Mr. Weeks or any other authority in reference to it. Tee Honourable Gentleman the Secretary of State quoted several iiaragrephs to show the sense he attached to that article in the treaty with respect to the waste lands, and he also quoted a passage from the instructions of Lord Normanby, Nice appeased to coincide with his views, but he forgot to state that there was another passage in the very same page of a different tendency.—( Hear, hear.) One would have thought that any Hon. Gentleman who wished to state the-purport of these instructions fairly should not have omitted that passage which distinctly stated " that with respeet to such lands as were now aetniany occupied or enjoyed that the undis turbed enjoyment of them should be secured." A little further on there was a passage to the same effect, " that no one should i"terfere with or molest any occupier in the enjoyment of his proper y." The Hon. Gentleman the Secretary of the Treasun y alluded to Mr. Spain as a country attorney. Mr. CARD WELL said that he did not mean to speak of Mt. Spain or his profession in a manner disrespectful or dero gatory to that gentleman. L md JOHN RUSSELL—What he was about to re mark was that if it was the character of an attorney to make a point by a quirk or a quibble, the Hon. Gen tleman himself showed more of that character than the gen tleman referred to.—(Laughter.) Before, however, he came to the further arguments of the Han. Gentleman, let him say that in carrying out those instructions anything contrary to time treaty of Watonga ought not to be construed against the natives. The most fair, liberal, and just construction should be put upon that treaty. With respect to those lands in the possession of the natives, they should be left to the full enjoy ment of them ; but, on the other hand, to push the words of the treaty to such an extraordinary length—to push them be yond the treaties of all the civilised nations in Europe—to put such a construction on them with those ignorant savages—he would neither call it fair or honourable, but fatal to the inte rests of this country, fatal to the interests of the colony, and giving them up a prey to every adventurer who chose to settle upon their shores.—( Loud cheers.) There were 100,000 in habitants in the island. Supposing the country to be 100,' 00 square miles in extent, this would be one person to the square mile ; but on the middle island it was stated in one of the !sailers that there were only 1,500 inhabitants. There was not, however, a part of is but was claimed by some portion of the native tribes. That was a most extravagant doctrine. It was perfectly absurd.—( Hear, hear.) He hoped that the House would not sanction it, and he hoped that the Noble Lord the Secretary for the Colonies would not sanction it, as it would be not only injurious to the country, but also the colony. Such being the statement of the case, that the counts) , would be governed by the letters patent which he had read, and by the instructions to which he referred, he had not the foresight to suppose that any dis putes were likely to arise with respect to the waste lands. He th ,u s ht that a liberal construction would be put on the treaty of Watonga. He was not singular in this opinion, for Major Bunbury, in one of his letters, had stated that all the waste lands ought to be taken possession of, and settlers placed on them immediately. Some time afterwards a question arose with iespect to transactions in which the New Zealand Comeany were involved, anti his acquaint ance with that Company first began under circum stances which were not of the most pleasant nature. The view which he took of this Company, and in this he agreed with Mr. Huskisson, was, that it was most essential for the purpose of colonisation. He (Lord J. Russell) was of opinion that a Company like this could do far more for the proper management of emigrants than the Government. As soon as he found that a quarrel hail been going on for some time be tween the Coloteel Depan tment and the New Zealand Com pany, and he endeavoured, through Mr. Soames, as soon as the power of the Crown was declared to be paramount in that colony, to effect same amicable arrangement, so that neither the Government nor the Company might have any unfair ad vantage. or by which the people of New Zealand might be in• juresl. It was said by the Right Honourable Gentleman that the agreement was quite inconsistent with the treaty of Watonga. Such, however, was not the opinion of the Committee which sat last year on the affairs of New 'Zealand. In wilat manner was it inconsistent? He (Lord John Russell) was stated to be of opinion that the agents had purehesed large gni antitiett of land, which they were ready to surrender to the Crown, whereas he (Lord John Russell) was willing to admit them to terms similar to those granted no other persons who were coupe led to surrender a certain number of acres of lands to the Crown, in proportion to the ex pense they had ineurre t—that for every ss. expended they should receive an acre of la..d. Rut there was not a word said in th tt astreetnent as to the peculiar number of acres which they had purchased or anything basing that agreement upon tee number of acres which they had purchased. Hear. ) The Crown could have had no difficulty in carrying, out the terms of that agreement to their full extent. 'Then the question arose—what were they bound to under that agree ment? He was of opinion that the Company had a title to land not exceeding the number of acres which had been a lotted to them under the award, or that a quantity of surplus land would be left, which they would have to surrender to the Crown. He believed the Company had acted fairly in this matter. But, supposing the case that it should be found on investigation that their purchases of land were not goad, or, supposing they were purchased from people who had no title to dispose of them, the Crown had no right to make such grants. But he owned that he did net think the Crown could have fulfilled their agreement.—(Bear, hear.) But it was in eon siderationl of the expense of bringing out emigrants, and on account of their being bound to surrender a certain portion of land to the Crown, and of the expenses which would be thus entailed upon them that that agreement was made.—( Hear.) And the agreement was a prudent one. But that thee,: was any want of consistency in that agreement with the treaty of Watonga, seemed to him most extraordinary. The mis takes of the Company had been their mistakes—they had fallen into the error into which they had fallen. But taking all the peculiar circumstances into account, Government was still bound to carry out that agreement—(Hear, hear) —and he did not see while they held good faith with the natives that they should break good faith with the New Zealand Company. He was at a loss to know whether the concealed correspondence which took place before Captain Fitzroy went out was treating the Company fairly. All that the Govern ment were bound to do with respect to the land was, to make compensation to the Company for the expenses they were put to. Now, he thought the Government was bound either to put the Company into possession of their land or to make them some compensation.—( Hear, hear.) He thought that they had a fair claim in point of compensation, and he did not think that there was either anything in the treaty of Watonga or in the agreement to relieve them from that obligation.—(Cheers.) He might now state shortly what occurred to him was the proper course to be pursued by the local Government. He thought the local Government seemed to have included in it some most earnest and most zealous individuals. They seem e d to have as far as possible consulted the interest of the abori gines, and the feeling was strongly shared by himself and by Lord Normanby, that the aborigines had suffered dreadful ca lamities. He thought it would be found an impassibility to be any time in the Colonial-office, there to read the miserable condition of the few aborigines left in North America, without being touched by a feeling of horror at the sufferings they had undergone, and could not wonder that the local Government of I New Zealand should have [seen Impressed with the same feel ing ; but while he gave them credit for this generous sensi bility, he could not conceal that they had erred most greatly in pint of judgment. They did not calculate en the warlike propensities of the savage race, which had been well shown ea ozo--- ease— -1 t d by tiq ,an ineid, s n t ' - chief went Captain Hoe 4) to the gouse. Westminster I . ststo he cemnment of another trine into the mido u' . , tt time after leaving -et! them, and, in a 5..0. :watched—he )-- • • t these he returned ;nd eats; Av . '''. ,t• • enemy, and they rsoirTss ,yes Captain . a a psrty of the the Hen: end Gallant Member for were eec.srneeti i;a tOne of war. of Lord J. All he ( Lord John Hon. and Gallant Friend's etatemen.. coerced d'd not r!:• All correctness his ,duals h h is a, had opinion ext.er b i y m Russell) meant to thaw was that those indi -, on the first a l et t er of the Governor's in the papers' presentee te. , that in t nated one another. He was well supported i n - of June. The Noble Lord read the letter , wh i c h ste w and the island there was a total disregard of British la the authairity, and. continued the Noble Lord, he came to conclusion that we were not strone enough to enforce or main tain either. And why >vas this? Because they had shown a want of firmness in resitting unjuat demands. They had con founded kindneas with what, in fact, was not such, with some thing which led to a foolish inconsistency, the conse quence of that conduct everywhere, but more par ticularly where savage life was concerned. —( Hear. ) Having been told that they were entitled to more than another, one perhaps having got one hundred and fifty psunds for his land, while another perhaps is -t two hundred and fifty pounds, and not knowing what entitled one to more than the other, na turellv gave rise to a feelino of discentent ; and the tribes be •me discontented not only will the arrangements far the land, hot with the whole of the reguletioes established in the island. Then, again• a chief went to the Governor, and said, We ob ject to that flare of yours, and if you will only take it down, we shall all he at peace. It was plain from this, that even the eliiefs knew whet the flag; meant. They thought if Captain Fitzroy took down the five, he would at once renounce his sovereignty over New Zealand, and then their customs and the whole land would be restered to them, to enjoy them as they had done before. It was nece-sary, then, to consider of some plan for the purpose, and lie owned that he wished the plan that had been made out be the Right lion. Baronet were such as to preclude the in tervention of Parliement. Requite agreed with the opinion that the House of Commons should not interfere without there was grave cause for interference, but if there was grave cause for interference, it was their bounden duty to do sea. —( Cheers. ) It was their bounden duty to see that the colony, in which 100,0(10 persons were living under the British flag, was not de raneed, or even over! urned by the mal-administration of its laws. The Right Finn. Gentlemen told them their scheme for the future, and with regard to land there was to be a tax on the wild man, and there was to be registration of the land oc cupied by natives, but nothing was said how the registration was to he conducted. It was easy enough to conduct a regis tration in the county of York, but in a place like New Zea land it became a matter of some difficulty to do so, They had done here what they had done in other places ; they had but maintained the right of the Crown. But to maintain tho right of the Crown was not to wrest from the ignorant natives their lands by trick and stratagem.—( Closers. ) Mr. Spain said that he had travelled over the country—over millions of acres of valuable land where the heman foot had never trod—land which showed the" utmost promise if culti vation were applied to it. The Crown had at their disposal that land. But if they said that this land was to be registered as b >longing to the natives, and to be taken away bee au-se they paid n) land tax on it, they could not expect that the nation would see the justice of this proceeding.—( Cheers. ) He owned that this appeared to hip a great injustice, and likely to create a real insurrection. The Right Hon. Gentleman proposed that there should be a municipal form of government. One of the first measures would he to establish a municipal form of government; but he should like to know what the form of that municipal government would be? He did not object to a municipal re presentative constitution in New Zealand. Then they should fix the capital where the great body of the settlers were, and appointing a government elected from the people, they could settle the claims of land in accordance with the votes of the great body. He believed, seeing what Captain Hobson and Captain Fitzroy had done—seeing the errors into which they had fallen— seeing the dangers into which they had thrown the colony—be was of opinion that the joint united sense of the settlers, speak ing through their representatives, could alone extricate them from the embarrassments into which they had fallen. Captain Grey was to be the Governor of the colony. Now he dif fered with those who said that a man of character and authority should be sent out, or a person who had had longer experience in command. He was of opinion that it required all the vigour of life of an able-bodied man to bear up against the fatigues which a Governor of New Zea land was expected to undergo. He was of opinion like wise that if they appointed a man of rank like Sir Henry Pot finger, they must give him absolute authority. They must give him for a time despotic power. He would much rather have a person of inferior name and character, who had not served, or had so many years of experience, assisted by the people of New Zealand to manage the affairs of the colony, than have a person of higher authority, and enjoying absolute power. Of Captain Grey he knew nothing, except as to his public conduct. He had seen the reports with respect to the colony of New South Wales, and they were such as to induce him to ask him to accept the government of South Australia, which contained one of the difficult problems to be solved In the colonial government. Captain Grey had now for four or five years administered the affairs of the colony, and he had solved the problem with a degree of energy and success that he could hardly have expected. He said, then, that if they could give him good institutions to work with, Captain Grey was the man to succeed in extricating the colony, and in gaining the confidence and good will both of the settlers from this country and the aborigines themselves Noman could better have shown himself, by a memoir he had written, to be acquainted with the manner in which the aborigines ought to be treated and turned to the usages of civilised life ; but when they sent a man to undertake this government, it was necessary that they should send him out divested of all petty squabbles upon the subject. and therefore he was ready to go with his Hon. Friend into Committee on the matter. He was not pre pared to say that the resolutions come to by the Select Com mittee of last year would be fitting resolutions to be adopted by a Committee of the whole House ; but they ought to look to resolutions which should have reeird for the future establishment of a free and independent constitution that was likely to give confidence both to those who were there and any of our people who might be dispesed to undertake to settle in that fine colony. It was not unworthy of the House of Commons to undertake such 'a task. It was their proper function, and if they did not do it, it would lead colonists to believe that in that House they could find no redress. If they did it, however, he thought at the end of that investi g ation they could con s ole themselves with the reflection that they had undertaken the task that was unpalatable to the Government of the day, they had assisted in laying the foundation of a noble colony, which at present formed a part of this mighty empire, and which in future time would extend English majesty, English institutions. English liberty, and the English name in that part of the world. Sir R. PEEL said it would be unfortunate if any difference connected with party consideration, or any quarrel there might have been between the Colonial Department and the New Zealand Company should divert their attention from a consi deration of what was due to the interests of the colony, which was the immediate subject of the discussion. He thought that the Government of that country ought to extend to those who resided there a due weight in the administration of their affairs. He did not see the interest that this country could have in that colony, unless they promoted its locial advantages. It was im possible that, at such a distance, this country should seek any advantage except that which mey result from a reciprocal dependance and local prosperity. The Noble Lord thought that Auckland had been improperly selected as the seat of Goverment. There were reasons at the time of its selection which were thought to be of great importance. So far as mi litary and naval reasons were concerned, it had great recom mendations. That it ought to be assigned to another place was a question which must be determined by a local consi deration of what may be for the advantage of the country. At such a distance it would be no easy matter to apply the principle of representation according to the construction which they pet upon it. He thought that it would be an inefficient plan. The formation of municipal corporations, with exten sive powers of local taxation for local demands, was the plan which he would recommend. The Right Hon. Baronet then referred to the opinion of Mr. Burke on that subject, which laid down the importance of municipal cor porations in new colonies. That, however, was a subject which would be referred to the intelligent man about to be entrusted with the destinies of New Zealand. He did not think it a wise plan to adopt the suggestion of the New Zealand Company, of the propriety of connecting the Govern ment in this country with the representative system there. He believed that they found the connexion between the Crown and that body was complex enough. It was diffisult enough for the Crown to maintain authority at that distance. They there had the whicheCsownan would be asystem of dthe Company desiring Government, government so ano malous, that he did not think that success could attend it. He believed that a very short time would elapse, before the repre sentative Government would deny the authority of the Corn pany. They would find that that authority would be no easy matter to retain—it would be paralysed at a very early period That system of government which im plied control, was a system frem which no good result could be derived. With respect to the New Zealand Company, he thought it would he important to retain them in their present powers, not in mixing with the affairs of State—( Hear, hear) —but supported as a great commercial body, acting on en lightened principles, and aiding the Executive Government in the means of emigration. With respect to the revenue, he must say that an abandonment of the present system of re ht he e wished commencement t of t lefe l dht thatiiostnw observatio n s,ta, n o s r i ue n px c op i n p re l re venue constituted a most serious injury, ner,did he think that it would be for the interest of that colony that the Customs re venue should be re-established, and, at the same time, he did reason thinkon in n histhat m t i h n e d fact for of its itsr, abandonment non-establishment. sh should nient. constitute Thi h e ha had h k e i kind, rerred because at stated without any intermixture of any party feeling of any would be most unfortunate if, amidst their personal and party conflict, they permitted that which was p l If, h t i h e e s n w , i t t i h re th ll e o s u e s t due to the interests of that colony to escape them. the question.—( Hear, hear.) Having said so much on that e ts isi i t is o t that sphwasahryt part of point, he woull now come to the motion of his Hon. Friend; e tle w rs as on a t t h a is li su e and that motion he should beg leave to say that he would feel warranted in voting against; if fur no other reason he would do so for this one, that the resolutions of the Hon. Member were the result of information upon the subject possessed by that Hon. Member beyond any other Hon. Member in the House, for he had appeared to have read more, and to have, by other resources, acquired more information upon the subject than any other Hon. Member in the House. But if he ( Sir R. Peel) wanted a reason for voting against the motion, he founded on the seventeen resolutions of his Hon. Friend, not one of which really applied to the subject, except that affecting the treaty of Watonga.—( Hear,' hear.) But, at the same time, he should admit that he could not avoid condemning the conduct of Capt. Fitzroy, conduct which was !indeed very much at variance wi; h that which had b en adopted by the late much lamented Sir F. Buxton —( Hear, hear.) The House might feel inclined to blame Lord Stanley, but let them recollect that the Marquis of Normanby was the Secretary for the Colonies at the time alluded to by the Honourable Member.—( Hear. ) He thought that they were wrong in attempting to make New Zealand a sovereign and independent State. He thought it would be infinitely better to have claimed the right to New Zealand, on the ground of prior discovery. He did not hesitate to say that the treaty of Watonge was an unwise one. He thought it would be better to assert the right of sovereignty than accept the sovereignty from the cession of the chiefs. And a great deal had been said about the missionaries. It was found that the union with the missionaries was inconvenient. Now, what said Lord Normanby to Cap tain Hobson. " You will, I trust, find powerful auxiliaries amongst the missionaries who deserve the confidence of the people." The missionaries felt exalted by this notice, but they were turned round upon ultimately and accused of being land jobbers. The New Zealand Company said, " we have always had very serious doubts whether the treaty of Watonga with the native savages by a consul invested without any plenipotentiary powers could be treated as anything but a praiseworthy device for amusing savages." He (Sir R. Peel) believed that there were a go:rd many lawyers in the New Zsalarad Company, and that might be the doctrine held by them that the treaty of Watauga was nothing more than a praiseworthy device for amusing savages. If they held that doctrine they would vote with the Hon. Gentleman.—(Cheers, and counter cheers ) But what had statesmen said of that device? The Noble Lord wrote to Captain Hobson, stating his opinion that there were none whose claims rested on stronger grounds than those of the New Zealander. There the treaty and its sanctity was recoguised, and there was the law held by statesmen ; and was the House prepared, when they found those engagements , onerous to "E l lemselves and prejudicial to the natives,to dis ; claim and repudiate ehe views / of ,_, etesmen and ael l othose of tawyer.s.—( Hear, hear.) Let them not mistake t question l at issue that . night. The honour of the House was tae in !the ...:: , emettion , : and the result. Lord Stanley had bee.. ;,n:!.d) his p e hey had been impugned, nay his motive s had nor escaped aspersion, but before they c en , derailed him, the douse should hear the eeution, the reserve, the arguirints which attended and ratified the treaty. ( The Right Hors. ilaeonef het e read copious ex tracts from the report of Captain Hobson in 18119, stating, that in pursuance of instructions from the home Government, he had summoned the principal European inhabitants, the native chiefs, and the missionaries reehleut in the island.) Many parties were, therefore, present —many were witnesses to the engagement. Mr. Williams, of the Church Missionary Society, was selected as interpreter, and repeated several sen te,.-stes to the natives who were asked to offer , suggestions, or dernan .4 explanations. A native chief at one period rose and combatec 'he propositions of the Government with suc h a bili ty i as at one tik'ne to impress the mind of Captain Hobson with a doubt of the Sttccess of the treaty ; the must formidable argument employed being the danger of the tenure of their l an ds. Such, forsooth, were the "native savages" who had been 6% amused" with a delusive treaty.—( Hear, hear. ) Another chief, however, rose to oppose the arguments of the former, and with a native eloquence that astonished all the Europeans, urged the value of native intercourse with the coin niete, conjured them to accept the treaty, and trust to the honour of the Europeans to preserve their cuAnme, and not permit their land. , to be endangered. Again it would be per. ceived, land was their chief anxiety and the subject of all their fear. The consideration of the question on that particular oce casion was adjourned, but subsequently was resumed, and the treaty being signed, received the sanction and ap proval of the Noble Lord Surely after such de cided approbation on the part of the Home Government, after its recognition of the treaty and its sanctity, if ever an obliga tion was rendered strong by the weakness of a party, it was the one entered into in the case of the New Zealand Company.— ( Hear. ) The Noble Lord said he had been charged with hav ing broken a contract with the New Zealand Company. He had been particularly severe with Gentlemen on his side of the House, but that was the charge which bad been directed against the Noble Lord by the New Zealand ( lompeny. In the me moranda attached to the resolutioxer the Hon. Member for Liskeard, it was stated that it war n,,, ossible to reconcile the missionary system with the colonial system. The charge of inconsistency against the Noble Lord was clearly attributable to the Honourable Gentleman who was sitting by his side. According to the Noble Lord's first construction of the treaty of Watonga, there was nothing inconsistent in it with the agreement existing with the New Zealand Company. The wish of his Noble Friend ( Lord Stanley) was, that although the Company could not establish a claim to the lands by pur chase, he would assign to them all the land he could, conditionally, subject to the claims of other parties subsequently establishing their titles to the land so assigned. With respect to the binding nature of the treaty of Watonga, he could not say more to the Company than that they should be permitted to choose land within certain limits on the condition that they should yield it up to the right owner if his claim were esta blished within a certain time. He must say that the inten tions of his Noble Friend hal not been fulfilled as they ought to have been fulfilled. He did not admit the claim of right of the New Zealand Company, and he could give no more than what he had given. lie was prepared to require that parties should proceed immediately to establish their claim to their land, and take po session of the land to which their title could not be disputed; and the Crown would be disposed to compensate the New Zealand Company with a sufficient equivalent. The construction which his Noble Friend had put on the treaty of Watongo was a bone fide construction. He did not admit that the natives had a right to the waste lands unless they established their claim of pre-occupation, and unless a valid title was established the right of ownership would clearly vest in the Crown. The real question was, whether his Noble Friend (Lard Stanley) shou'd repudiate that which had been ueheld by pre vious Colonial Secretaries, and among others by Lord John Russell. If ;the House consented to the course proposed, it would lead to the worst results. They ought to affirm the treaty of Watonga, else they would be laying down a principle that would virtually dispossess the chiefs of all title to the land. If they affirmed the resolutions they would not only censure the Noble Lord, but fix a censure on the law of which the Noble Lord was the instrument. Let it be borne in mind that in the New Zealand Company tiler. were men of the highest character and influence, yet that in despite of this in fluence and the temptati ins and blandishments that surrounded him, inviting him to peace and repose, on this question his Noble Friend had not yielded, bat from the high sense of the duty he owed his country, had considered himself compelled to maintain inviolate the engagements which had been contracted with the people of New Zealand, maintaining in their integrity the rights and guarantees of the distant and unprotected. [The Right Hon. Baronet sat down amidst great cheering]. Mr. C. BULLER rose to reply. The Right Hon. Baronet, in speaking of the treaty of Watonga, had said, with regard to the land claimed by the natives, they should be required to prove it in a court of law —( Hear, hear)—and afterwards to register it. If they failed in this proce , s, then they were taxed for it, and the practical effect was that the land was confis cated.—( Hear.) He denounced such mean artifices. It was a violation of the law of nations to impose a tax, the real ob ject of which was to confiscate the land of the natives. In the whole country there were 60,000,000 of acres, and of these 58,300,000 belonged to the natives. That was the opi nion of the Government, and such was the interpretation put on the treaty of Watonga. He agreed, however, with the Noble Lord the Member for London, in his eenstruetion of it. that it never was designed that that Crown should give up its right to the waste land. Supposing, however, that they took that construction of it, had the Government taken the proper mea sures to get possesaien of the land? They had put on a land tax to confiscate the whole of the country.—(Hear, hear.) These monstrosities, which denoted the absence of all law, was the course pursued by the Government. Let them pitch the Watonga treaty into the sea, but let them not seek to obtain by secret and covert means what they dare not at tempt openly. ( Tremendous cheering. ) He was astonished, after the speech which the Right Hon. Baronet at the head of the Government had delivered, that he could vote against the resolutions, as tFe whole tenor of his address was in favour of them. He was perfectly satisfied that the Government had net attempted to mislead the House as to the management of New Zealand in past times. But the statements which they now put forward for the management of the colony did not in his opinion give a sufficient guarantee of its safety; and he therefore called upon the House to deal fairly with the question and to give rro.ection to the aborigines of New Zea land.—(Cheers and cries of " Divide, divide.") The House then divided, when there appeared— For the resolutions Against Majority —57 RAILWAY CLAUSES CONSOLIDATION (SCOT LAND) BILL. The LORD ADVOCATE moved that the Lords' Amend ments on the Bill be agreed to. Mr. LA BO UCH E 11E objected to the clauses which re lated to tolls on public highways. Ultimately the Lords' Amendments were rejected without a division. 172 •.223 SIR HENRY POTTINGER'S ANNUITY BILL. This Bill was read a second time, and ordered to be com mitted this day week. The remaining orders of the day were then disposed of, and the House adjourned at twenty minutes to Three o'clock. THE WATEttLOO BANQUET. The Duke of Wellington on Wednesday celebrated the 30th anniver sary of the ever-memorable battle of Waterloo, by his customary banquet at Apsley-house. In the course of the day above 700 con gratulatory visits were made to the Duke, at Aps'ey House, the visitors including the members of the Royal Family, and the leading aristocracy of this country, us well as foreign ministers. His Grace was surrounded on the occasion by upwards of 70 of his brave companions in arms; his Royal Highness Prince Albert honouring the Noble Duke with his presence on the occasion. The guests began to arrive as early as half-past six o'clock, and even at that hour a very numerous assemblage had congregated in the vicinity of the Nohle Duke's mansion for the purpose of wit nessing the arrival of the noble and distinguished veterans forming the remnant of those who maintained the independence of their fatherland on the field of Waterloo. His Royal Highness Prince Albert arrived shortly after seven o'clock, attended by the Marquis of Exeter, Major-General Bowa. ter, and Col. Bowles, the two latter of whom, as is well-known, are Waterloo officers. The preparations for the banquet were on the same scale of princely magnificence which has been so often described in the columns of this journal. Covers were laid for upwards of 80. The Duke of Wellington was supported on the right by his Royal Highness Prince Albert and the Marquis of Anglesey, and on his left hand sat his Excellency Prince Castelcicala and his Ex cellency Count Kielmansegge. The following noblemen and distingiOled officers were of the party : —Field-Marshal his Royal Llighnoli Prince Albert, Colonel of the Scots Fusilier Guards; his Excellenty Prince Castelcicala, the Neapolitan Minister; his Excellency Count Klelmansegge, the Hanoverian Minister ; General the Marquis of Anglesey, Colonel of the Royal Horse Guards (blue), K.G., G.C.8., and G.C.H. ; General the Right Hen. Sir James Kempt, Colonel of the to.d Foot, G.C.8., and G.C. H. ; General Lord Strafford, Co lonel of the 29th Foot, G.C.8., and G.C.H. ; Lieut.. Gen. the Right Hon. Sir F. Adam, Colonel of the 21st Foot, G.C.B. and G.C. M.G.; Lieut.-Gen. Sir Edward Kerrison, Bart., Colonel of the 14th Dragoons, G.C.B. and G.C.H.; Lieutenant-General Sir Andrew Barnard, Colonel Commandant of the Rifle Brigade, G.C.8.. and G.C. H.l Lieutenant-General Sir Henry Arkew, late Grenadier Guards, C.B. ; Lieutenant-General Sir George A. Quentin, K.C.H.; Lieutenant-General Sir A. Woodford, Colonel of the 40th Foot, K.C.B. and G.C. M.G. ; Lieutenant-General Lord Fitzroy Somerset, Colonel of the 53d Foot; K. C. B. ; Lieutenant- General Sir James Macdonell, Colonel of the 79th Foot, K.C.B. and K.C.H ; Lieutenant-General J. W. Sleigh, Colonel of the 9th Dragoons, C.B. ; Lientenant.General Sir A. B. Clifton, Colonel of the Ist Dragoons, K.C.B. and K.C.H. ; Major-General the Hon. E. P. Lygon, Colonel of the 13th Dra goons, C. 8.; Major-General Sir John G. Woodford, K.C.B. and K. C. H. ; Major-General Sir George Scoell, K. C. B. ; Major-General Lord Saltoun, K.C.B. and G.C.H.; Major-General H. Wyndham; Major-General Sir Edward Bowater, K.C.H.; Major.Gene.ral H. D'Oyloy ; Major-General Sir A. Cameron, K.C. B. ; Major-Gen. Sir J. May, K.C.B. and K.C.H. ; Major-General James Hay, C. 8.; Major-General Sir H. D. Ross, K.C.8., Adjutant-General to the Royal Artillery ; Major-General John Webber, Smith, C.B. ; Major-General Sir R. Gardiner, K.C.8., and K.C.H. ; Major. General D. Mercer, C.R. ; Colonel E. Cheney, C.B. ; Colonel R. Llewellyn, C. 8.; Colonel A. Money, C. B. ; Colonel R. Eger. ton. C.B. ; Colonel J. C. Bouchier ; Colonel J. B. Parker, C.B. ; Colonel Campbell, C. B. ; Colonel J. Grant, C.B. ; Colonel T. W. Taylor, C. 8.; Colonel F. Calvert, C. 8.; Colonel M. Childers, C.B. ; Colonel W. Drummond; Colonel A. Macdonald, C.B. ; Colonel W. Rowan, C.B. ; Colonel G. Bowles ; Colonel Allix ; Colonel Lotd J. F. H. Somersc: ; Colonel W. Walton ; Colonel J. Martin ; Colonel Sir J. Thackwell, Colonel of the 3d Dragoons, K.C.B. and K.C. H. ; Colonel E. Wildman; Colonel M. Maxwell Wallace, K.H.; Colonel W. G. Moore; Colonel the Hon. G. Anson; Colonel Lord Sandys ; Colonel Stawell ; Colonel C. P. Ellis; Colonel the Hon. G. Cathcart; Colonel T Wildman; Col. Gurwood; Colonel B. Drummond; Colonel F. R. Lascelles ; Co' Bowers ; Colonel Dyneley, C. 8.; Colonel L. Boldero ; Colonel Robbins; Colonel J. Oldfield, K.H. ; Lieutenant-Colonel the Hon. G. L. D. Darner; Lieutenant-Colonel H. Webster; Lieutenant- Colonel the Hon. H. Montague ; Lieutenant-Colonel E. Bouverie; Lieutenant-Colonel J. Cox; Lieutenant-Colonel G. Wilkins, C.D. and C.H., &c. The band of the Noble Duke's regiment were in attendance, and played during dinner a selection of favourite music. After the removal of the cloth, the customary toasts were pro posed, and the company separated about ten o'clock. battle Sin thec h e av e d i l e a d s t : _ e anniversary utenan t. th G e e n fo e l r l a o g officers ral Clement Hill, Major-General John F remantle, Coln one Charles Webb Dance, K.H., Colonel Sir Georga Charles ti ost e, C. EL, Colonel Edward Clive, Col onel Charles K pr m es ai en e or t . a Gl t the sei- Sir J. Logan, Lieutenant-Colonel Ric hard Crobr, Lieutenantin Lieutenant- C o lonel Alexander Burton, Lieu. tenant-Colonel Th o mas Cox Kirby, Lieutenant-Colonel Lewis Car lwn Lord Harris , 1 of these gallant officers were present at the K .H., Colonel olel on C H. Baynes, K.H., michael, &e. Severa l Duke's dinner last year. o e f o m Wt pa e t l i l y i n a g : o h n e r sLu Ladyship's e y q s u h e i , t s l y b o i n n o B u r e et i g l r a L y a e d .s y q , F 1 a e r v e e . ever s- DEATH OF THE COUNTESS OF AIRLIE.--This able lady was confined with twins at Kemp town, Brighton, on Monday, and on the following day she died. The Countess of Airlie was married to the Earl of Airlie on the lath of Novem ber, 1838, and has left four children. LAW INTELLIGENCE Co UR P OF OUEEN'S BENCH,JwieI 9. THE SPA-FIELDS BURIAL GROUND. (Before Lord DENMAN and a Special Jury.) TILE QUEEN V. WILLIAM CIARLES BIRD, TOM SMITE, FRANCIS GREEN, AND OTGETIS. The Solicitor -General appared as counsel on behalf o f th e Crown, and J. B. Wakeling, Esq., of St. John's-square, as solicitor; Mr. Jervis, Q C., appeared fur the defendants. The Court was crowded to excess, and the greatest interest was felt in the proceedings. The Spa-flelds burial-ground is situated in the most populous part of the parish of Clerkenwell, abutting upon Exmouth-street, Cold Bath square. About four months ago complaints were male to the Magistrate at Clerkenwell Police-court by Mr. Watt, a pawnbroker in Exmouth street, and several most respectable trades men, that certain horrible and disgusting practices were carriee on in the burial-ground. It was stated that hum in bodies were ex humed and burnt, and that the effluvia arising from the putrid flesh was most prejudicial to the health of the inhabitants. There upon Mr. Wakeling, ve,try.clerk to Clerkenwell parish, came for. ward to sustain the complaint of the inhabitants, and determined upon prosecuting the offending parties at his own expense, if the parish did net do so. The proceedings at the Court appeared in the newspapers, and the public mind was much excited by the re. robing statements. The matter was brought under the cogni sance of the House of Commons, and the Government at length came to the resolution of prosecuting the parties, and suppressing the nuisance. The jury having been sworn, the indictment, containing nume. rocs counts, was read The defendants pleaded not guilty. The SOLICITOR-GENERAL stated that this prosecution was insti tuted by the Government for the purpose of putting down a sys. tem, the existence of which in Spa-fields Burial-ground bad been much complained of; but he was happy to say that a proposal had been made by his Learned Friend Mr. Jarvis, by which the Court and jury would be saved trouble, and the nuisance effectually abated. The prosecution was instituted on public grounds, to preserve the health of the public. The defendants had agreed to plead guilty to the sixth count of the declaration, which would, he thought, answer every purpose, inasmuch as the matter would be referred to the arbitration of a gentleman who would deckle in what manner the ground should be in fliture conducted. He con sented to their pleading guilty on these terms. Mr. JERVIS, Q.C., said be acquiesced in the course mentioned by the Solicitor-General, and he would plead guilty to the sixth count, which was as follows. The owners of the burial-ground had not been aware that any improper practices were carrried on there, and were desirous of having it properly conducted. The sixth count was as follows : "That the said Robert Vinal and the said William Langford, on the said Ist day of January, in the year of our Lord, 1841, afore. said, were and from thence hitherto have been, and still are, pos sessed of a certain close, situate and being in the parish aforesaid, in the county aforesaid ; and which said close, during the time aforesaid, had been and was kept and used for the interment and burial of deceased persons, for the lucre and gain of the said Robert Vinal and William Langford, in that behalf, and divers, to wit one thousand deceased persons had, during the time aforesaid, had been and were interred and buried therein. That the said Francis Green, Charles Bird, William Green, Tom Smith, and Stephen Bishop, were, on the said Ist day of January, in the year of our Lord, 1841, and on divers other days and times, between that day and the day of the taking of this inquisition, hired and employed in and about the interment and burial of de. ceased persons, in the said close, for certain hire and reward to them, paid in that behalf, whereupon it then and there became and was the duty of the said Robert Vinal, &c., &c., not to inter and bury in the said close a greater number of deceased persons than could be decently interred and buried therein, so that the bodies and remains of deceased persons theretofore interred and buried might not be thereby disturbed. Tlaat the said Robert Vinal, William Langford, &c., &c., not regarding their duty in that behalf, nor the religion, law:, and customs of this realm, but contriving and intending to obtain lucre and gain, by interring and burying in the said close a greater number of deceased persons than could be decently interred and buried therein. on the Ist day of January, in the year of the reign aforesaid, and on divers other days and times, between that day and Vie day of the taking of this inquisi. Lion, with force and arms, &c., at the parish aforesaid, in the county aforesaid, unlawfully, wickedly, and indecently, did dig up and disinter divers, to wit, 1,000 bodies, and 1,000 remains of bodies of persons deceased, lately before then respectively interred and buried in graves, in the said close, in order and for the purpose of interring and burying in the said last-mentioned graves, for lucre and gain to them in that behalf, divers other bodies of de ceased persons, to the great indecency of Christian burial, to the evil example of all others in the like case offmding, and against the peace of our said lady the Queen, her Crown and dignity." After some further discussion, the following decision was agreed upon • " That the defendants should plead guilty to the Gth count.— that the residue of the indictment should be referred to the deci sion of Mr. Brannell, who is to direct in what manner the burial_ ground is to be in future conducted. Judgment of the Court to be respited for one year, and if the directions of Mr. Brannell are complied with, ne further proceedings to be taken—no costs on either side—no arrest of judgment or writ of error. The costs of arbitration to be paid by the prosecutors and defendants, each a moiety. " COURT OF CO2IIIIOIV PLEAS, Jane 18. Sittings at Nisi Prius, before Mr. Justice ERLE, and Special Juries.) O'CONNELL V. PAYNE &ND OTHERS. This was an action for libel, in which William John O'Connell was plaintiff', and the registered proprietors of the Morning Post defendants. Mr. Sergeant Shee and Mr. Percival Banks appeared for the plaintiff; Mr. Sergeant Talfourd and Mr. Boothby for the de fendants. To the libel set forth in the declaration the defendants pleaded the general issue, which in this action amounts to not guilty, putting in issue two facts for the jury—first, the publication; secondly, whether the matter published was or was not libellous. The alleged libel was as follows : " CONFUSION IN IHE LONDON REPEAL CAMP.-114r. W. J. O'Connell, inspector of the London repeal wardens (meaning the plaintiff William John O'Connell), is at daggers drawn with the London repeaters; their quarrels (meaning the quarrels of the plaintiff and the London repeaters) threaten, as far as London is concerned, to strangle repeal and destroy the bright vision of a native Parliameat in College-green, which the night dreams of the Hibernian sojourners in the classic neighbourhoods of St. Giles's and Drury-lane created. The inspector-gene ral (meaning the plaintiff), indignant at his authority (mean. ing the authority of the plaintiff) being questioned by his (meaning the plaintiff's) followers, has in revenge closed the St. George's ward, and suspended St. John's-wood ward. The cause of the dispute is the payment of a weekly salary to the inspector. general (meaning the plaintiff), while he (meaning the plaintiff) is unavoidably compelled to absent himself from their meetings (meaning the meetings of his followers being London repeaters) on all days, Sundays excepted. An organ of the London re pealers explains the affair (meaning the affair as regards the plain tiff in his relations with the London repeaters) in the following words One of the reasons why the London repeaters object to the payment (which objection has called forth the conduct com plained of) of W. J. O'Connell (meaning thereby the payment to the plaintiff of a weekly salary as inspector-general of the London repeal wardens) is, that he (meaning the plaintiff) is com pelled to be out of the way all the week, fearing an arrest, and can only be seen out on Sundays. He (meaning the plaintiff) has been living with (meaning thereby cohabiting with) a lady of the name of Moss, who entrusted him (meaning the plaintiff) with money to pay bills to the tune of 2001. or 3001., and he (meaning the plaintiff), instead of paying the bills. otherwise employed the cash (meaning by the cash the money so entrusted to the plaintiff) for the purpose of paying the aforesaid bills. She (meaning the lady of the name of Moss) wishes to arrest him (meaning the plaintiff), in the hope that the association (meaning the Loyal National Repeal Association) will pay the money (tnem ing the money entrusted to the plaintiff by the said lady, named Moss, to pay the aforesaid bills, and otherwise employed by the said plaintiff ), and save him (meaning the plaintiff) from disgrace. All this he (meaning the plaintiff) publicly acknowledged at the St. George's ward, and taunted Mr. Dwaine with knowing his (mean ing the plaintiff's) embarrassments, and wishing to increase them. He (meaning the plaintiff) also boasted that Mr. O'Connell would pay the sum for him (meaning the plaintiff), but he (meaning the plaintiff) was too proud to ask him; he (meaning the plaintiff) stated last Monday, that if twelve wards declared against him (meaning the plaintiff), he (meaning the plaintiff) would imme diately close them. The inspector-general (meaning the plaintiff) repudiates these slanderous attacks upon his charac'er, and attri butes them to the vindictive jealousy of a disappointed few.' Non nebis est componere litesl It is not our business to settle disputes (meaning thereby it is not the business of the Morning Post news. paper to settle disputes); and a pretty quarrel it is (meaning thereby the quarrel between the plaintiff and the London repeaters, from whose organ the slanderous attacks upon the character of the said plaintiff are quoted) 1" Af'cr hearing Mr. Sergeant Shee and Mr. Sergeant Talfourd, Mr. Justice Etna summed up; and after some five-and -twenty minutes' consideration, the jury returned a verdict for plaintiff— Damages 501. SHERIFFS' COURT, 19. (Before Mr. Under. Sheriff BURCUELL.) CLARKE V. WILORORE. The plaintiff in this action is a hair-dresser in Ironmonger-row, St. Luke's, and the defendant is a medical gentlem m in Kensing ton-terrace, Bayswater. The action was brought to recover the sum of 7/. 10s., the balance of an account for rent, work, and labour, and money laid out for defendant. The facts of the case were these :—ln August 1843, the defendant ,:alled on plaintiff and asked if he could accommodate a lady with a room, who was near her confinement, and was answered in the affirmitive, and defendant then agreed that the rent should be 2s. a week till occupied, and 4s. when the lady took possession. Plaintiff was also desired to hire a nurse, which he did. The lady, however, did not arrive as expected, and all was prepared. The defendant, however, called several times, and one night In December a messenger arrived for Mrs. Clarke, to whom, on going to Kensington, defendant gave an infant, a day old, into her charge, and she took it to the nurse at two o'clock in the morning of the 7th. Plaintiff and his wife acted as sponsors at the christening and mourners at the funeral, the infant dying in June. Defendant and a Mrs. %Veils, the mother, occasionally called, but plaintiff was left to pay the expense of the funeral. On the faith of some notes which had passed ft was now con. tended fur the defendant that he had merely acted as the agent of Mrs. Wells, and the father of the child, who was a man of family, named Hudson, residing in Kensington Gravel.pits. One letter had been drawn out by defendant for plaintiff to copy and direct to defend. ant, abusing both Mrs. Wells and Mr. Hudson, and threatening ex. posure; but this letter, however, was made to appear as though he did not hold defendant personally Halite, but to frighten Hudson. There had been another letter containing the terms of agreement, which had been partially destroyed at the suggestion of defendant. Mrs. Webb was called with an endeavour to show that she had agreed with Mrs. Clarke after defendant had called, and had paid some money. She said she was a widow, and had been so for twelve months when she bore the child. Mr. Hudson was also called, and admitted he was father of the child, and had refused payment. The jury, without waiting for Counsel's reply, or the Under_ Sheriff's summing up, gave a verdict for the full amount. NAL COURT. CENTRAL C OL RIM I D COURT. (Before Mr. Justice P ATT ESON and Mr. Baron PLATT.) Moariza.—Daniel Johncock, 21, a respectable looking young man, described in the calendar as a waiter, w as indicted for the wilful murder of Hannah Moore. Mr. Payne appeared for the prosecution, and Mr. Parry defended the prisoner. From the statement of the Learned Counsel, and from the evidence adduced, it appeared :—That the prisoner and the deceased lived together in service; they had been discharged from that situation, and being unhappy in their minds they deter. mined to commit suicide. The prisoner bought some oxalic acid, which he administered to the young woman and also to himself. That portion which was given to Hannah Moore caused her death, but the prisoner recovered from the effects of the poison he had taken ; this being the case, and the prisoner being present at the time the poison was taken by the deceased, in the eye of the law he was considered guilty of murder, and hence the present charge. The clerk of the Lambeth-street Police.court proved the deposi tions and statemen's rna.ie by the prisoner, The landlady of th Coach and Horses Cross.street, Hatton-garden, proved that the prisoner and the deceased came to her house on the 26th of May, and wanted a bed, which she ulti mately let them have. On the next morning they asked if they could have the same bed the next night, to which she replied that they could, and they went away. In the middle of the day the young woman came home accompanied by the prisoner. She said she was very ill, and must go to bed. She did so, and on witness going up the next morning, she saw her lying on the bed dead, and the prisoner had been taken off to the station-house. Cross-examined by Mr. PARRY—The young man at the bar seemed extremely attached to the deceased, and she appeared to have great control over him. Charlotte Davis, a lodger at the Ccaeh and Hama, earrobasval the evidence of the last witness When s)e went into th the next day she saw the deceased lying with her face on the pillow, and on lifting her up she fauthl she was nearly dead. On titling her up, she heard a noise in her throat. Witness trii , o fetched some water and bathed her face, and she breathed ee , •. rst times. The prisoner fetchea a doctor, and appeared most de,e.ited in his spirits. On the doctor's arriving he said she was dead. Cross-examined by Mr. PARKY—The prisoner went down upofl his knees on finding the deceased had expired, and cried bitterly. He appeared almost frantic. Win. Everley lodged at the Coach and Horses. Recollected the night in question. Saw the prisoner take up a pot of hot water to the room where the deceased was. Witness heard him ask for the nearest doctor, and he was directed to Leather lane. Witness went with him ;he ran the way, and when they got there, they were told to go to Mr. Pollock, of Hatton.garden ; the prisoner went there by himself, and witness went home, and went up into the room in which deceased was. She was then nearly dead. She died in a minute or two. When the prisoner returned with Dr. Pollock he toked if she was dead, and upon being told she was, he threw himself on the bed in a most frantic manner. He said they had blth taken poison. He then handed several papers to the doctor, among which was a letter, and two papers marked " Poison.'' The landlord then gave the prisoner in charge of the police, arid he was taken away. Daniel Humphries, a police constable, G. 74—Took the prisoner into custody, who appeared at that time to be in great distress of mind and very ill in body. When witness told the prisoner he must go along with him, he replied he would go anywhere with him. As they were going along, the prisoner, when they came to Exmouth .street, said, pointing to a chemist's shop," I bought one lot there." He then asked witness what he thought they would do with him. Would they hang him 7 To whictr witness replied he did know what would be dune, when the prisoner said, " Oh, dear, what a foolish young man I have been." While at the station-house he appeared wretched. Wit ness received a letter from Mr. Pollock whee at the station-house, which he produced. During the time the prisoner was at the station-house the stomach pump was applied, and he was after.. wards removed to the Free Hospital, where he vomited very much. Upon witness searching him at the station-house, he found two pieces of paper in his waistcoat pocket marked " poison," two so vereigns, t.vo half-crowns, two shillings, a sixpence, a fourpenny piece, and threepence-halfpenny in copper, a knife, a key, two silk handkerchiefs, a hand..towel, and a collar. Cross examined by Mr. PARRY—The prisoner was so distressed that he hardly knew what lie was talking about. George Wilkinson, another policeman, after corroborating the evidence of the last witness, stated that he heard the prisoner say to Mr. Taylor, the surgeon who attended at the station.house, that he and the young woman had taken poison ; that she mixed it, and they both took portions alike. After this Mr. Taylor applied the stomach-pump. Inspector Perry said that the prisoner told him that he should not have known what to have asked fcr hal not the young woman told him, and her father being a boot-maker, she said if any ques tions were asked he was to say it was for cleaning boot.tops. Mr. Pollock, the surgeo.i of Hatton-garden, then gave his evi dence as to being called in by the prisoner to see the deceased. The prisoner, among other things, told him that he and the deceased had been walking about in a most melancholy state for some time. That they had been on Waterloo-bridge, where he had greet difficulty in preventing the deceased from throwing herself over the bridge. That they then agreed to take poison together, which they did, but that he had been very sick and brought his up. He said that the reason they had taken poison was from distress, at being discharged from their situations at a moment's notice. He said the reason of their discharge was because he had been seen corning out of her bedroom. Witness made a post mortem examination of the de ceased, and attributed her death to intlammatiue ur the intestines, particularly the smaller ones, occasioned by poison. Cross-examined by Mr PARRY—The prisoner appeared in great distress at the death of ..the young woman. and said he only re. gretted that he had not diel too. After several other wittiesse. had been examined, and the x ate. mett made by the prisoner at Worship -street read, the Case for the prosecution closed. During the time several of the witnesses were giving their eri• dence the prisoner was repeatedly in tears, and appeared deeply affected. Mr. PARRY addressed the jury on behalf of the prisoner. Mr. Justice ParrEsoN summed up at considerable length, and The jury retired at two o'clock; and, after an absenee of half an hour, they returned into Court, and after their names had bien called over, and they had answered to them, _ _ _ The Clerk of the Arraigns said— Gentlemen, arc you agreed on your verdict F The Foreman—We are. Clerk of the Arraigns—Do you find the prisoner at the bar Guilty or Not Guilty? The Foreman (in a firm voice)--Not Guilty. The prisoner then bowed most respectfully, and left the dock. POLICE INTELLIGENCE. QUEEA-S!,VARE. ATTEMPTED MURDER.—Wednesday Jane Walker, a prostitute, who was charged on Tuesday with attempting to cut her sister's throat, was again brought before the Magistrate. The depositions had been prepared in order to send the case for trial, but as it was quite evident, from the disinclination of the complainant and her family to prosecute, that it would be useless to do so, Mr. BOND said he was exceedingly reluctant to treat this case summarily, but as he felt perfectly convinced that the ends of jos_ Lice would be defeated by - sending it far trial, in consequence of the non-attendance of the parties to prosecute, and the prisoner thus escape all punishment, he should convict her in the penalty of 51., and in default commit her for two months. SOUTHWARK. CHARGE Or INDECENT ASSAULT.—Wednesday Mr. Cottingham was engaged for son* time in the investigation of a series of inde ceat assaults, preferred by two girls of tender age against George Bowesley, the master of an infant school in William-street, Pop lar-row, Newington, a man advanced in years, under whose tuition they bad been placed by their parents. From the evidence of the little girls, one of whom is ten and the other thirteen years of age, it appeared that the defendant's school consisted of upwards of seventy scholars, male and female chil. dren, the education of whom was superintended by the Prisoner and his wife, the former being engaged in teaching writing and ciphering, and the latter attending to the other branches of their education. One of the girls, Mary Ann Palmer, the daughter of a hatter, in the course of her evidence, stated that the prisoner was in the habit of behaving to her in a very disgusting manner on those occasions that ought to have been devoted by him to her in. struction in writing, and that it was in a portion of the school where his wife was not in attendance ; that also tnentioned the fart of his gross indecency to an elder sister, by is hom it was made known' to her parents, and they, upon being made acquainted with the circumstances, at once proceeded to take the necessary steps to have the offender punished. Mary Donny, another little girl, also detailed circumstances of a similar grossly indecent description practised upon her by the prisoner, and the witness added that several other female children in the school had all been subjected to the same kind of treatment at the hands of the accused. Mr. Roberts, prisoner's professional adviser, cross-examined the witnesses to show that they varied in some degree in their statements, but Mr. Corrtsunate remarked that, although there might be a 1 slight discrepancy in the evidence, still that the principal part of the charge was established against the accused. The magistrate then, addressing she father of the little girl Palmer, said that he had acted most properly in proceeding against a man like the pri soner placed in such a situation, having the care and instruction of a number of children, and that, instead of his attending to them in the way he was bound to do, he was, on the contrary, corrupt ing their morals by behaviour towards them of the most disgustleg description. The charges against the accused were of that nature that he, under the peculiar circumstances, should not t‘ish to deal summarily with, but th , t if Mr Palmer agreed to the sung he should romtnit him (the prisoner) for trial to the sesson,, • hen. in the event of conviction, he must meet with the hc so well merited, and probably be imprisoned for .iich : .s would, at all events, prevent him froin folowing an ii , oe .1 - that of master of an iivant school—for a v_a - , c Amid, ra: • and that the exposur • consequent upon su,h a trial- 11 - :;••• effect of terminating the career of a person eo ill. qualified as the instructor of youth. Mr. Palmor expressed his willingness to comply with the ma gistrate's suggestion, and cud that, on public grounds, he deter. mined to do so regard'ess of the expense of the prosecution as he had since ascertfdned, beyond the possibility of a doubt, that not only had the prisoner acted to his diildren in a most dt. , gu•trnß manner, but also towards othe rs under Lis tititiot.. Mr. COTTINGHANI then committed the prinornr for trial to anvver the charge at the sersions. LAMI3E7H. Wednesday, Charles Henry Viscount Dillon, 16, Ilalkin-street, Belgrave-square, appeared before Mr. Henry to answer to two charges, the one for assaulting George White, one of Mr. Levy's toll collectors, and the other, with having passed through the Kent street toll-gate with his " drag" and four without paying the toll. George White, the complainant, upon being sworn, deposed that about eleven o'clock on the night of Sunday, the 8 h instant, he was on duty at the Kent-street Sunday toll -gate, near the Brick layers' Arm., and heard the sounding of a horn approaching him, and in a few moments saw a co.sch and four in view. He called out to the driver for the toll, but the defendant, who was driving, took no notice of it, and finding this to be the case, he caught hold of the bridle of the near wheel horse. His Lordship cut at him with the whip, and endeavoured to lash him on the hand so as to get him to let his hold slip, but the whip fell on his hat. Mr. Hesav—Did he strike at you with the thong of the whip doubled or single ? Witness—With the double thong, your worship. His Lord ship then pulled up, and asked me what I stopped his horses tor, and I told him for the payment of cightpence for the toll. He said the toll had been paid, but I told him it could not have been, as there was no four-horse coach had passed through or paid that day, and that no other gate's ticket cleared that. His Lordship then told his servant to pay the toll, as he had got a good eight. pennyworth; upon which he (witness) said the matter should not rest there. The defendant merely replied, "Very well," and desired his servant to give his name, and the servant accord. ingly gave his name as Lord Dillon. The servant at this time pulled out a ticket from his pocket belonging to a different trust, and witness told him that it would not do. The toll was not paid or offered. Lord Dillon, in answer to the charge, said—The fact, Sir, was that I had been dining at Greenwich with some friends, and on my return to town the night was so dark that I mistook the proper turning near the Green Man, and went down a different way, as it appears, from that which we passed through in going to Greenwich, and finding that a person had hold of one of the horses, I will own that it was perfectly true I m ight Lave used the whip to ge t hi m to let the horse go, but I onl y hit him once. I never saw the gate, f a o n r d , olnpothlleodcoomp,palaoidnadioistirteedlimmy servant to pay the t o ll . M y servant, me what he had se i ze d the horse who is here, will, I doubt not, prove that he tendered the toll, but the complainant said he would not take it, but should see me else where. Besides my servant, I have two gentlemen here who were with me, and whom I wish to call as witnesses. Mr. riENPA—I am quite wiling to hear any witness your Lord. ship may think it necessary to call. Lord Dillon here called Thomas Storey, Esq , of the Cavendish Hotel, Jermyn-street, who deposed he dined with Lord Dillon and a party of friends, at Greenwich, on Sunday week. He (witness) heard the complainant say something about toll, and he (Mr. Storey) was quite sure the toll had been offered by the servant of Lord Dillon, but was refused by the complainant. . _ In reply to a question from Mr. HENRY, the witness admitted having heard his Lordship say something about having had a good eightpennyworth out of the complainant. Mr. Robert Nicholson of the Cavendish Hot, 1. ~n e of the party, said he was there on the night in question, when the • dr,g • x .• suddenly stopped, and saw Lord Dii.on hit away at the person who had stopped the horses. He heard the toll-collector say he would have the toll, and heard Lord Dillon tell his servant to pay. Did not hear the defendant say he had got a good eightpcnnyworth out of the tollman, and was sure he said no such thing. Lord alder, nor any of the party, were at all the worse for the wine they had taken. Joseph Wheeler, gt,om to the defendant, sr.A he ditl not recd. lect hls Lordship telling him to pay the toll, and he neither did so nor tendered the amount. If his Lordship had whipped the complainant he did not see it, nor heard him say he had given the complainant a good eightpennyworth. Mr HEN etv thoup,ht both charges proved, and observed !hay the Act of Parliament Liili..ed him to convict the dot - end:llit p_nalty of 10/. for the :->sault, End 101. in addition, t iiebleman in the defendant's station these penalties would bt.. :,* o nsideration Mr Henry here asked the complainant if he wished to carry the case of assault to the sessions The complainant replied that he would ;cove the cafe er:tlt, • in his Worship's hands. hut Lord Dili. , raid he should prefer t s being sent to the sessions. Mr. HENRI' thought this would he the most satisfactory way of deciding the case, and ordered the noble defendant to fist ba I, himself in ‘2OO/., and two sureties in 1001 each, to answer the charge at the ensuing Surrey sessions. Mr. Henry also ordered the deposition of the complainant to be committed to writing, to ipo returned to Court, and alto bound him over in the sum of der. t,