The Sun. — London, England, 1844-05-31 00:00:00

of all the charges made by the Hon. and Learned Gen tleman against Sir Charles Metcalfe this one had filled him with the most astonishment. The Noble Lord then read an extract from the address of Sir Charles Metcalfe to one of the townships of Canada, in which he expressed his full opinions with respect to a responsible government. He would not sign the death warrant of british connection, but he would have the British and Canadian interests work together ; he would not pursue a course which would be disastrous to either if not to both.—(Hear, hear.) With regard to the distri- Lution of patronage, to which the Hon. and Learned Gentleman had with so much severity adverted, not a single appointment of Sir Charles Metcalfe had been ob jicted to. Nor had any legal administration or execu tive act of the Government been called into question— (Hear, hear) —except by the Council, and they did so on one occasion when Sir Charles Metcalfe was in the midst of difficulty. One act had been seeeifically charged against Sir Charles Metcalfe, that he had en couraged Orange Societies in Canada. He (Lord Stan ley) had no sympathy with Orangemen or their societies, nor had the Governor-General of Canada. ; he (Lord Stanley) did not think flat even the fervid loyalty and zeal for British institu t'ons of these men would counterbalance the evils which their religious dissensions and societies were likely ro occasion.—(" Hear, hear," from the Opposition.) But Fir C.-Metcalfe had no sympathy with Orange lodges ; at the same time he was not prepared to accede to a step which virtually proscribed all belonging to the Orange party: He refused to take any arbitrary measures against a party which included so many loyal subjects of the Crown, and warm friends of British institutions and British connection.—(" Hear, hear," from the Ministerial benches.) A Bill was then passed through the Legisla ture which Sir C. Metcalfe, in its progress, repeatedly rotested against. He would read the substanc e of that till to the House. (The Noble Lord then read extracts from th B'll, which provided that all Orangemen were declared incapable of holding civil or military office, serving in the militia, serv:ng on a jury if challenged, cr, in short, any public situation of trust ; and further, any publican subjected himself to a penalty and the loss of his license for allowing . an Orange lodge to meet in his house.) The Crown had of course power to veto any Bill of the Legislature, and Sir C. Metcalfe, as the repre presentative of the Crown, possessed that right ; but he preferred referring to the home Government, and they had no hesitation in recommending that the Bill be reserved fur the Queen's pleasure. Why questioning the policy or propriety, of this proceeding, was questioning the most unquestion able and one of the most valuable of the prerogatives of the Crown.—(Hear, hear.) Had Sir C. Metcalfe acceded to the wish of the Council, nothing could be a more complete surrender of the liberties of the Crown. The Hon. and Learned Gentleman adverted to several acts of Lord-Sydenham, and, amongst others, to that of limit ing the suburbs of Montreal. In that case he must say that the Governor-General was perfectly competent to exercise the power which he took upon himself, and to incur all the responsibility which he exerted. The Hon. and Learned .Gentleman had likewise adverted to the civil het. Now he (Lord Stanley) was not going to re open- this unpleasant question ; but if ever there was a case - in which the interference of the Crown was not only justifiable but imperatively called for, this was that one. For was it not obvious to any man, that no thing could be more desirable—nothing more useful— nothing more indispensable for the proper government of a country, than that provision should be made for desert ingand eminent men independently of the whim or caprice of the Local Legislature. He again said that it was ab solutely necessary for the proper administration of justice that such of should be independent of the Local Legislature. He (Lord Stanley) had received an address fr mn the Legislature of Canada, complaining of the imposition of a civil list, and requesting that they might be permitted to substitute one. He would read to the House the answer which had been recommended by the Government to that address. (The Noble Lord then-read portions of the reply, which were declarations of the opinions of the Government that provision should 1 e made for those men who had served their country faithfully, and for the declining years of eminent and distinguished individuals who had rendered uncommon public service. The reply further assured the peti tioners, that whenever the Canadian Legislature would make the necessary provision for the civil list they (the Government) would be prepared to recommend to Parliament the repeal of such portion of the Act of Union as had relation to that subject.)—(Hear, hear.) The. Hon. and Learned Gentleman had referred to the scenes which had occurred at the late election in Mont real,- in proof of the discontent which prevailed in Ca nada ; but he (Lord Stanley) thought a more infelicitous illustration could be hardly adduced. He believed that the disgraceful riots which occurred at Montreal were mainly owing to a mob of Irishmen having been brought into Montreal from the canal on which they had been working, and that the election was in nowise a test of the -feeling which prevailed in Canada.—(Hear, hear.) He believed the moderation, discretion, firmness, and conciliatory temper and disposition of Sir C. Metcalfe, and the earnest desire he entertained to _carry on the government of Canada in accordance with the well under stood views and opinions of the people of the province, would not be without a happy influence on the future condition of Canada. The clamour which had been raised against Sir C. Metcalfe, by misrepresentations and misstatements of his words, actions, and sentiments, would be dissipated in a short period, and he (Lord Stanley) confidently believed that, by acting on his own sound and moderate views, tran quillity and concord would be restored. The Hon. and Learned Gentleman had spoken of what Canada might be in the event of a war with the United States. lie (Lord Stanley) apprehended that, in any case, Canada would be, in time of such war, rather a source of weak ness than of strength. Canada would be a most vul nerable point ; but in a military, naval, and commercial point of view, the possession of that colony was still most desirable. It was an appropriate nursery for sea men, and, might become a great receptacle for our manu factures, as well as eminently productive of the raw ma teriels which constituted them. Besides, Canada was the-great inlet for our commerce to the great continent of America by the river St. Lawrence, one of the great est of the waters of the world. Commercially and poli tically, he did not seek to deny that it was of great im portance to this country. But if Canada were of im portance to the mother country, he asked - the lion. and Learned Gentleman to consider whether it was not of infinitely more importance to the people of Canada that they should be connected with .England ? The peo ple of Canada enjoyed as free a* Government as—and, he ventured to add, a lighter taxation than—any people on the face of the earth. They had Perfect religious liberty ; they had, at no cost to them selves, the military and naval protection of the mightiest Power in the world ; they had annually an immense ex penditure of capital in the shape of the commissariat and military establishment ; while the United States were unable to borrow money at six per cent., Canada, by its connection with this country. and nothing else, had been able to borrow, by the guarantee of this country, for the improvement of her internal communications, no less a sum than one million and a half, and at an interest little, if at all, exceeding three-and-a-half per cent. ; she had an immense indirect expenditure, and she derived a great advantage from the settlement of British merchants within the colony, and the investment there of British capital. She had for her produce—and no inconsider able addition had been recently made to that exclusive advantage—she had the privilege of admission upon the most favoured terms to the richest and to the highest market in the world. These were the advantages which Canada possessed by her connexion with this country— these were the advantages which Canada must be pre pared to sacrifice if separation from this country should unhappily be the. result.—(Hear, hear.) It was for Canada well to consider whether the price she had to pay in her slight and all but nominal subordination to this country, was too high a price to pay for the protection, the advantages, and the substantial benefits which she derived from the connexion.—(Hear, hear.) But Canada must not expect, as the Hon. and Learned Gentleman seemed to think she had a right to expect, at once to enjoy the unlimited and entire inde pendence of a separate republic, and at the same time the advantages which she derived from British connexion and British commerce.--(Hear, hear.) He believed that the people of Canada were in the main cordially at tached to this country.—(Hear, hear.) Ile believed that when they seriously considered the results of that course into which unprincipled demagogues and rash advisers were hurrying them, they would fall back from such blind and interested guides upon the liberal and honest views of the Governor-General of Canada, and upon the protection of this country ; and he believed that, by the exercise of sound sense and sound discre tion, Canada, if she did not follow mischievous and in terested advisers, might long retain the advantages which .she possessed by her connexion with, rather than her subordination to, this country, in the capacity of a thriving and happy colony of the British empire. Mr. HUME said that, after the lengthened discussion which had taken place on this important subject, it was not his intention to do more than Just notice the points to which the Noble Lord had adverted. The state ments which bad been made . by his lion. and Learned Friend the Member for Bath he knew to be perfectly correct. He regretted that the Noble Lord lead not stated whether or not he approved of the conduct of Sir Charles Begot, for addresses had poured in from all parts of .the country, in which that conduct was highly ap plauded. He wanted to k now w h at h ad produced so great a change of feeling in the colony. Th e Mi n i s t ry , finding it impossible to conduct th e government un d er sir Charles Metcalfe, and be at the same time responsible to the House of Assembly, had felt it their duty to retire. Was it possible to make out from what was passing in Canada the meaning of the term re spensible government?—(Hear, hear.) It appeared that in Canada responsible government was one thing, while in England it was another thing.—(" Hear, hear," from it J. Graham and Loid Stanley.) It was for the Go vernment to expla;n what acts of Sir Charles Begot, and what acts of Sir Charles Metcalfe they approved or dis approved. The Noble Lord had asked what individual appointments of Sir Charles Metcalfe, were objected to. If the Noble Lord had read the speeches of. Mr. Baldwin, Mr. Hineks and' other Members, he would have found them stated at length. The Governor himself admitted that from the moment of his arrival in the colony there was an antagoaism between him and his Council. lie (Mr. Hume) deplored the events which had taken place ; because if there was one man in the country from whom he expe , cted conduct which would conciliate the people °Manacle, Sir Charles Metcalfe was that man.—(Hear, hear, from Lord Stanley.) By everythbag reported of his conduct in India, and still more of his conduct in Jamaica, he was led to believe that his appointment was one of the most fortunate which had been made by the Government.—(H ea r, hear.) He had thought that if any one could conduct the affairs of t Canada comfortably and calre would do so:had quietly, Sir Charles Met no doubt, in fact, that -he would have do ne so if he had n r otbeen under the tram mels of the Noble Lord.—(Hear, Stan ley.) Ile might be wrong, but hear, from Lord g bad § higher opirapa of Sir Charles Metcalfe than he had of the Noble Lord. He attributed all the unpopular acts of Sir Charles Met calfe to the influence exercised over him by the Noble I Lord the Secretary for the Colonies. There was an at tempt made to deprive the people of Canada of their rights • but if they allowed the policy - of Sir Charles Metcalfe to be carried out, Canada would be a happy and a prosperous colony. Mr. C. BULLER. said that no one could feel more deeply than he did the consequences of any decision of the House of Commons which might tend to create or to widen a breach between Canada and the mother country. It was the plain, obvious, and fixed object of Lord Durham to reconcile the differences which were existing or supposed to exist. He thought that the House should pause before they interfered a ith the principles which had been agreed to by Parliament, and had been accepted by the Canadians. Heethought it was a dificult thing to determine where the-prerogative of the Crown was to be limited. He had been exceed ingly satisfied at the general explanation given by the Noble Lord, as to the principles of responsible govern ment. He believed that the Noble Lord thought that the government of Canada should be carried on by parties that had the confidence of the Assembly. He did not suppose that the Noble Lord would say that in the subordinate depart ments it would be necessary for the • Governor to apply to the mother country. He agreed with the general principle, that the people of Canada, with the assent of all, might have the benefit of a responsible government. Nothing had been done by Sir Charles Metcalfe that at all interfered with responsible govern ment. Ho could not see how the Executive Government could be called upon to ask the opinion of the Executive Council upon every appointment that was made ; those who made such a demand could not, he was sure, be e - equainted with the principles they wished to support. It was said by the Executive Council, that they resigned in consequence of Sir C. Metcalfe having made a great number of appointments without their advice. Now what was the fact ? Why that when the members of the Council were challenged to point out a single appointment that had been made without their knowledge, only one could be found, and the member of the Council who had nemed that one was obliged to come down the next day and state that even that appointment had received the assent of the Executive Council. But then it was said that the appointment of the President of the Council, which was equal to the office of Lord Chancellor, was made without the approbation of the Executive Council, and that they had resigned on that account. Now, for his own part, he did not believe that that appointment, which in the then existing state of the country Sir C. Met calfe was obliged to make, was the real cause of their resignation. It was true, that the Governor, not wishing to throw himself into the hands of his op ponents, had notfilled up some of the Government offices. It was also said that this matter was settled by the Montreal election—that that was decisive. But several gentlemen had given in a full adherence to Sir C. Met calfe since that event, and he did not think that the Go vernor-General could be blamed for his conduct in that election, which arose, probably, from his want of know ledge of the worst features of a representative govern ment in a country where they resorted with less scruple to personal violence than in any other country in the world. There was a row and a tumult ; every respect able person who went up to vote had his clothes torn off his back, and great numbers wereprevented from voting at all. On the last day of the election voters were obliged to go up to the booths between two lines of military. The Hon. and Learned Gentleman had described his conduct as part of a systematic crusade against the principle of Parliamentary government ; and he had noticed also the case of Nova Scotia and the conduct of Lord Falk land. But Mr. Howe—a good authority—had, in the Assembly of Nova Scotia, vindicated the bonduct of Sir C. Metcalfe. and had declared that the cases in Nova Scotia and Canada were totally distinct, and that all the difficulties iu Canada had arisen from a blundering Ad ministration. For himself he was convinced, looking at the whole matter, with no bias against the gentlemen who had just gone out, and with no indifference to the principle of Parliamentary government, his firm conviction was that the error in this case was on the part of those who had quarrelled with Sir Charles Metealfe. Though he did not approve of all the principles laid down by him, he believed that, as the controversy proceeded, he had gradually adopted more fully, and expressed more accu rately, the right principles on which he thought he ought to take his stand. The question was, which party ought to triumph in this contest, and which party must triumph. That question would be greatly complicated if the Canadian Parliament should, on its re-assembling, declare its approbation of the conduct of the members of the Executive Council, refuse to recognise any other, and attempt to force the late one back on the Governor- General. Then would come an appeal from Sir Charles Metcalfe to the constituent body, and,•in spite of the Montreal election, he believed that appeal would be re sponded to by the good sense of the Canadian people. But there was one thing that they must do in this coun try—that was, that this House must strongly express its opinion on the question between Sir Charles Metcalfe and the Executive Council, and as to the course which both the Government and the Parliament would be pre pared to adopt. He understood that the support the Noble Lord gave to Sir Charles Metcalfe was not con fined to one part of his policy only was not confined to his disposition to try the system of Parliamentary government—the Noble Lord was also prepared to resist any encroachments the Council was disposed to make on the prerogatives of the Crown. Those prerogatives were not in Canada, as in England, the safeguards of popular rights ; they were the safe guards of the imperial connection, and if the people of Canada clearly , understood that the Government at home would resist these encroachments, he believed that they would submit to the views of the Governor-General. However great might be the advantages of the connec tion to this country, the advantages were still greater to Canada itself. He knew from experience that much mischief had been caused there by doubts among the people of the good faith of tbeir liberal promises, of the firmness of the Government in maintaining its views. All they had to do was to make the people of Canada fully conscious both of their good faith and their determination, and by so doing they would strengthen the hands of Sir C. Metcalfe, and enable him to triumph over all opposition. In endeavouring - to keep Sir Charles Metcalfe in Canada, he was sure he was taking that course which was most for the benefit of the Canadian people. The Govern ment could not have made a better selection than that which, despising all party considerations, they made in choosing Sir Charles Metcalfe as the person who, from his experience, would be most likely to administer the affairs of the colony with benefit; and, if he failed, it would be difficult to find • one more likely to administer them in a just, and, at the same time, in a conciliatory spirit.—(Cheers.) Lord J. RUSSELL said he was unwilling to give his opinion upon the case, seeing that the facts were not fully before them ; but as he had been referred to, lie did not think it right to be altogether silent on the subject, though he considered the question had been brought on unnecessarily and prematurely. With regard to the dis patch which the Noble Lord had read, he concurred in his general principles. With regard to Lord Sydenham, it appeared to him at the time that no man in the country was so likely to use his energies and his faculties for the benefit of Canada, and in such a manner as would maintain the connexion between Canada and this country. Lord Sydenham had been originally struck with a remark of his predecessor, " that there was no quarter of the world where a man could do more benefit to his fellow-creatures than in Canada." Being placed in that situation, he devoted the whole energies of his mind to advance the interests of Canada. He had acquired great influence in Canada, owing., he believed, chiefly to the knowledge he had acquired in this country of Parliamentary discussion—n? the mode in which a free Constitution was carried on, and to the knowledge which he had on all matters relating to trade and commerce. When Sir Charles Bagot went to Canada, he found a large Parliamentary majority, and he could not do other wise than choose his Ministry from that majority ; but he suffered severely from disease, and so much could net be expected from him as from a person in robust health. Sir Charles Metcalfe succeeded him, and, upon his arrival in Canada, he declared his intention to adhere to the resolutions of 1841. and to uphold the principle of responsible government in the colony. He continued the Ministry formed by his predecessor ; but he found, after a considerable lapse of, time, that there were differ ences of opinion between them, and he was asked to make concessions which he conceived it his duty to the Crown to resist. The Noble Lord had read the terms in which Sir Charles Metcalfe understood those de mands; and, understanding them as he did, he could not do otherwise than resist them. It was impossible that he could bind himself down in the manner proposed by the Executive Council. But if all that was required of him was that he should consider the opinions of the Exe cutive Council, he should say he took an erroneous view of the case. With regard to the future, he con fessed that to him there appeared some grounds to hope that the dispute would be settled, for some of the leaders of the Executive Council had, it seemed, not made those demands as they were understood, but only complained of a want of general openness on the part of the Gover nor-General. If they said they did not insist upon any such demands, it would be easier for the Assem bly to prevent any future misunderstanding on the subject than if any differences existed on some great constitutional point, for neither Sir Charles Metcalf: nor any other Governor would deny that when certain per sons were appointed to the Executive Council, the utmost confidence should exist between them. He did not, therefore, take so gloomy a view as the Hon. and Learned Member for Bath. He had trusted the Legis lative Assembly would see it was better for them that Sir Charles Metcalfe should carry on the government with no other view except that of promoting the in terests of the province, than enter into idle disputes which must retard its prosperity. The Noble Lord had stated fully, but not more fully than truly, the advan tages which Canada enjoyed from its connection with this country. Th ese a d van tag e s could not be overrated. As to the idea of an independent Canadian republic, that was an illusion that could not last six months. If they should join the United States, what would become of those institutions which the Canadians cherished so dearly ? What would become of those religious esta blishments which the Canadians cherished so dearly, and for the maintenance of which this country had a l wa ys shown such care and regard.—(Cheers.) He could not but think, under all the circumstances, that the people of Canada and their representatives would agree to the appointments which Sir Charles Metcalfe might hereafter make to his Executive Council, and that they would agree to pass such measures as he might present to them by the advice of that Council, to pro mote the future welfare of Canada. He was sure that the Canadians would not improve their situation by en deavouring to deprive the I.3overnor of that authority, as the representative of t he Crown of the United King dom; which was necessary to maintain the connection between the colony and the mother country.(Cheers.) Mr. TRELAWNEY thought they ought to consider angdp„ Who the premises which had been 11914 914 THE SUN, LONDON, FRIDAY MORNING, MAY 3i, 1844, Noble Lord the Member for London, in bringing for ward the Canada Union Bill, had distinctly promised them a responsible Executive Government. To carry out that promise, the Government ought to be responsi ble to the majority of the House of Assembly. They should give them a Government responsible in the sense in which the word was understood as applied to the Government at home. By doing so, they would take away from the people all desire for a change of Govern ment, and all temptations to acts of violence ; but; unless they did so, he saw no safeguard against rebellion. Mr. ROEBUCK explained. Sir ROBERT P 1 Ere said that his Noble Friend had stated so fully and so distinctly the general views which the Government entertained with respect to the late un fortunate disputes in Canada, that it was impossible for him, as far as the Government was concerned, to add anything to that statement, in every word of which he concurred. But out of satisfaction to his own feelings, he could not allow that debate to close without expressing his senti ments as to the manner in which a most meritorious public officer had discharged his duty under circum stances of great difficulty.—(Cheers.) The Government of this country had given the greatest practical proof in their power of the spirit in which they wished to see the affairs of Canada administered, by the selection which they had made of Sir Charles Metcalfe as Governor Ge neral.—(Cheers.) Not a single member of the present Government had been personally acquainted with Sir Charles Metcalfe. He doubted if any one of them had seen him before the important Government of Canada had been offered to him. The Government and Sir Charles had not been connected by political ties. Sir C. Metcalfe had no personal claim upon them, but they had disregarded all political claims in their desire to make an appointment which shou'd prove to the people of Canada the spirit in which it was desired that the Government of that province should be administered. They had selected an officer who had distinguished himself in the service of the East India Company, and who subsequently, in the administration of affairs in Jamaica, had achieved a triumph by his moderation and his firmness.--(C:ieers.) When they looked at the general tenor of his conduct— when they considered the view which he had taken of the cases of all those who had been concerned in the late rebellion—that the uniform tenor of his conduct had been to bring about reconciliation ; the desire which he had expressed to bury in oblivion all that had happened ; and his complete indulgence, so far as was compatible with justice, to all those who had been engaged in the rebel lion, he was surprised that a more favourable construc tion had not been placed upon the conduct of Sir Cherie! Metcalfe.—(Cheers.) It appeared to him that Sir C. Metcalfe was completely right in what he had done, and he was entitled to the entire confidence and the fullest support of the home Government. As to the proposal that he should bind himself always to ac'; by'the recom mendation of the Executive Council,whether that proposal were conveyed in writing, or whether it were intended as a tacit understanding, he would, if lie had acceded to it, have subjected himself to humiliation. It was the first principle of the British Constitution that the Sove reign should be guided by the advice of the Minister of the Crown. But it would be quite a different thing if the Sovereign were to be compelled always to adopt that advice, or to contract an obli gation with a Minister under all circumstances to ask his advice ; any Sovereign who should contract such an obligation would become the slave of the Minister, and not his master.—(Cheers.) But waving that question. he would contend that there was not any analogy what ever, between the position of a Government and an Exe cutive Council in a colony, and that of the Sovereign and a Minister in this country. He thought that a Governor of Canada would be most unwise who did not minister to all local matters, and consult the feelings and opinions of the people, in his appointments ; and he (Sir R. Peel) must say that, with respect to all those questions of pa tronage, he thought the Governments both of England and Canada ought not to use their patronage excepting for the benefit of the people. He thought the Executive Council and the Governor were perfectly distinct. He thriught it was to the interest of the governed that the Governor should refuse to place himself entirely under the control of the Executive Council. He thought it was impossible to govern the Canadians on the same principles upon which this country was governed, The larger the country and the more extended the po pulation, the more easy the Government could be car ried on ; but in small communities he was not quite cer tain that the Government could exist in party there. It was possible that there might be a Government con nected with a most intolerant party. Let them take the case of the French party being in a minority, and the op posing party in a majority, in that case he (Sir P. Peel) was not quite certain that the Governor ought to adopt the recommendation of the ruling power in Canada. He thought that the Governor would have a perfect right to say that the appointment which had been recommended was one that would be offensive to a considerable party, although that party should be in the minority, therefore he should not make the appointment. He thought that in that case the Governor would be perfectly justified in refusing to adopt the advice of the Executive Council. The Governor was bound to admi nister the affairs of the country with impartiality and justice to all ; and, therefore, Sir C. Metcalfe was bound not to enter into the engagement which was required of him. But although he had defended Sir C. Metcalfe, it must not be supposed that there was any disposition on the part of the Government to withhold from the Cana dians the fulfilment of every engagement which had been made to them. He believed that the utility of the con nexion with Canada must depend upon its being main tained in perfect. : good will.—(Hear, hear.) It would only be a source of evil unless it could be continued with the good will and kind affections of the majority of the people of the country—(Hear, hear)—and it would be better that the connexion should be discontinued than that it should be maintained by force. He trusted that nothing had occurred in the course of this night's debate which was calculated to dispel the unanimous desire that had been manifested to support that able and distin guished man who, under the pressure of severe suffer ing, was now attempting to discharge what be felt to be his paramount duty to his coun try; and he hoped that nothing had passed that night which would induce the people of Canada to show any feeling of ill temper with respect to the Go vernment of Sir Charles Metcalfe, for he believed that it was the firm determination of Sir Charles Metcalfe, and he was sure it was the anxious wish of the Government at home, that 'the government of Canada should be conducted in a fair and impartial spirit, and that they would seek fur no power or patronage except such as was for the good of the people of Canada, and which would enable them, when the time arrived, to maintain the connexion between the two countries, if it ever should be found necessary to maintain that con nection by force. An impression appeared to prevail in the House that a vast majority a the people of Canada were adverse to the government of Sir Charles Met calfe. Now this he (Sir Robert Peel) very much doubted, for as far they could collect pub lie opinion from the addresses which had been presented to Sir Charles Metcalfe, it would appear that he had shown that temper, that discretion, that judg ment, and that firmness, which Would ultimately result in conciliating the good will of the majority of the people of Canada. He (Sir R. Peel) held in his hand ninety three addresses which were presented to Sir Charles Metcalfe, even at the commencement of this unfortunate dissension, and ninety of those addresses were in favour of his policy, whilst only three were against it. He trusted it would still be seen by, the people of Canada that it would be most difficult for the Government to find a successor to Sir Charles Metcalfe, who should be more competent to administer the affairs of that country, or one who would conduct the government of that country in a manner more calculated to maintain the union between Canada and this country, or one who would more desire to uphold the interests and conduct the government in such a manner as to increase their prosperity and confirm the connection between the two countries. . The report of the Committee of Supply was brought up and agreed to. The Charitable Loan Societies (Ireland) Bill was read a third time. The New South Wales Bill was read a third time. The Customs Duties (Is!e of Mau) Bill was read a second time, and ordered to be committed that day three weeks. The House adjourned at a Quarter to One o'clock. MARKET NE WS.-YESTERDAY. MEAT MARKETS. SourrrAEL, MAY 29.—For the time of year, our market to-day was well supplied with each kind of stock, the de mand for which was in a very sluggish state, at, in some in stances, a decline on last week's quotations of 2d. per Sibs.— Beef, from 2s 4d to 3s 10d; Mutton, 2s 6d to 4s; Lamb; 42 8d to 5s 8d; Veal, 3s 4d to 4s 6d; and Pork, 2s 8d to 3s 10d per 81bs. Supply--Beasts, 38 ; Sheep and Lambs, 3,049 ; Calves, 43 ; Pigs, 54. 1103IFORD, MAY 29.—Prime old Downs commanded a steady sale, at full prices. Otherwise, the trade was very dull. Beef, from 2s Gd to 3s 10d ; Mutton, 2s 10d to 4s ; Lamb, 4s 8d to 5s 8d; Veal, 3s 4d to 43 - 4 d ; and Pork, 2s 4d to 3s 8d per 81bs. Sucking Calves, 18s to 27s ; Quarter-old Store Pigs, 16s to 20s ; and Milh Cows, 161 to 191 each. IlAusnast, MAY 29.—Prime Beasts and Sheep, the num ber of which was very small, commanded a steady sale, at fall prices. In other kinds of stock very little was doing : Beef, from 2s Gd to 4s ; Mutton, 2s 8d to 4s ; Lamb,. 4s 4d to 5s 4d; Veal, 3s 4d to 4s 2d; and Pork, 2s 8d to 3s 8d per 81bs. ARUNDEL, MAY 28.—We had only a moderate supply of stock on offer this morning, yet the general demand ruled active, on the following terms :—Beef, from '23 6d to 4s ; Mutton, 2s 8d to 4s 2d ; Lamb, 4s 6d to 5s 4d ; Veal, 3s 4(1 to 4s ; and Pork, 2s 4d to 3s 6d per Blbs. CHICHESTER, MAY 29.—Although the supply to-day was by no means large the demand was, throughout, in a sluggish state, at barely previous currencies : Beef, from 2s 4d to 3s 10d; Mutton, 2s 6d to 4s Od ; Lamb, .4s 4d to 5s 4d ; Veal, 33 4d to 4s 2d ; and Pork, 2s 4d to 3s 6d per 81bs. Sucking Calves, 18s to 28s ; Quarter-old Store Pigs, 16s to 20s; and Milch Cows, 161 to 18/10s each. MAY nz.artnEas. SJIMITTELD.—Coarse Meadow Hay, 21 15s to 31; use ful ditto, 3l 38 to 31 lOs ; fine Upland ditto, 3/ 12s to 3l 16s ; Clover Hay, 3/ 5s to 5/ 5s ; Oat Straw, 1/ 6s to 1/ 8s Wheat Straw, 1/13s to 1/10s per load. Supply but moderate, and trade dull. CUMBERLAND.—Coarse Meadow" Hay, 21 15s to 3/ 3s ; use ful ditto, 3/ 5s to 3/103; fine Upland ditto, 3/ 12s to 3/ 16s ; Clover Hay, 3/ to 51; Oat Straw, 11 Gs to 1/ 8s; Wheat straw, 119 s to 11 12s per load. A limited supply, and a sluggish demand. WarrEciurEL.—Coarso Meadow Hay, 21 lOs to 3/; useful ditto, 3/ 3s to 3/ lOs ; fine Upland ditto, 31 12s to 3/ 16s ; Clover Hay, 315 s to 515 s ; Oat Straw, 116 s to 1! lOs ; Wheat Straw, 11 lOs to 1/ lls per load. Both Hay and Straw moved off slowly, at the above quotations. BRIGHTON MAY 29.—Lord William Harvey ar rived at the Chain Pier last evening, by the General Steam Navigation Company's steam-ship Fame, from Dieppe. Lord Templetown and the Hon. General Sir Arthur Upton, brothers of the late Marchioness of Bristol, have arrived at the York Hotel, where they purpose remaining till the funeral of the deceased Marchioness takes place. The Bishop of Llandaff arrived yesterday-at the York Hotel. - Lord •Southampton, who has been staying here for the benefit of his health, has returned to town. The Earl and Countess of Morley left the Norfolk Hotel yegerday f9r L9adon. THE CASE OF LEANDER. TO TEE EDITOR OF THE SUN. Sir,—ln consequence of remarks which appeared in your papers of Monday, yesterday, and this day, headed "Lean der and his Jaw," I hope that, in justification of my con duct and in justice to my feelings, you will insert the folloiv ing plain statement of facts, which will, I trust, entirely exonerate me in the minds of all honourable men, whose good opinion alone I covet, and to the truth of which state ment I am willing to be sworn :—During the Goodwood race week of 1842 the Messrs. Lichtwald sent three horses to my stables to be broken in and trained, with their pedigrees written and signed by themselves ; they were the following, viz., br. f. by Muley Moloch, out of Barbara, since named Julia ; ab. c. by Scamander, out of sister to Mussulman, since named Leander ; and a b. c/ by Velocipede, out of Fair Jane ; accordingly they were broken in, and in due time commenced their training. Owing to my being detained in town during the early part of the winter by ilrhealth, I did not see the horses until the eud of December following, when I pronounced the Scamander colt to possess the appearance and points of a racehorse. He had an engagement at Ascot, for which he was prepared, andcwhich he won. Some obser vations were mad a on the race-course about his being a very big horse, and looking more like a 3 or even a 4-year old than a 2-year old, and some short time afterwards' Messrs. Lichtwald went down to Mitchell-grove, and my son took the opportunity of stating what he had heard, and further said that these remarks were very unplea sant to his and my feelings, and that if there were anything wrong abOut the horse he should not remain at my stables. They both protested to him that he was the right age; that they bred him and had the certificate of hi,- age, and that he need not annoy himself on that head. The horse afterwards ran twice at Goodwood, but owing to his having been amiss, and in consequence not fully prepared, he lost both races. He went on better some time afterwards, when I tried him, and found him to be an extraordinary good horse, but owing to his being an uncertain horse, and having been several times lame, I strongly adviqed the Messrs. Lichtwald not to back him for the Derby, but to let him get through the winter. He was then intended to run for the Criterion Stakes at Newmarket, but ran away with the boy and fell lame in the hock the very day before he was to have started ; the post-homes, which had already arrived, to convey him in the van, were. consequently sent back, and my son wrote to - me at NeWtharket, and went up to town himself to see the Messrs. Lichtwald; they had backed their horse, and they told him that if he was not very bad indeed he should go, and they returned to Mitchell-grove with him to see the horse. They then determined, against his and my head man's advice, that he - should go, and they started him on their own responsibility the next morning. On my road from Newmarket to London I met the van, and on exa mining the horse and finding him to be very lame, I ordered the postboy to return to Hockeril, and went up to town to state to the Messrs. Lichtwald that it would be ruination to their horse if their ran him. In consequence of that apinion ho was sent back to Mitchell-grove ; he then, wen 4 on in gentle work during the ivinter, and in the month of January, owing to there still existfug some doubt as to his soundness, I wished to have Mr. Wood's opinion, and after consulting together we agreed that he should be blistered in the stifle and hock. Soon after, for my own satisfaction, and in consequence of unpleasant rumours that I had heard, and reports that I had seen in the newspapers about the correct ness of the horse's age, I took an opportunity one day of ask ing him to look into the horse's mouth and tell ma his age; he did so, and told me that he was a 3-year old, and I have an impression that he further said he had a very backward 3-year old mouth, as I told my son so when he came over the next day. After this opinion I felt satisfied in my own mind, and paid no attention to the ungenerous remarks which were constantly made in the sporting papers. From this time, after being blistered, the horse went on straightforward and well in his work up to the day of his running. My son, in the early part of the present month, happening to be in town, saw the Messrs. Lichtwald, and spoke to them of the un pleasant remarks which were continually made in the weekly sporting papers relative to the horse's age, and said that they ought.t o put a stop to them, as they had it in their power to do so. They then declared to him that they could swear he was the right age, and, before several persons, showed him the German stud-book, which appeared to be perfectly cor rect; and it was his opinion, as well as mine, that the Messrs. Lichtwald knew their horse to be a 3-year old, and could prove it, otherwise I would not have trained him. . _ In your report of the case in Monday's paper, it is stated that I said "I had been grossly imposed upon by the Messrs. Lichtwald, and that it was only the vicious temper of the horse that had prevented an earlier discovery of the fraud &c." I beg to say that this is erroneous. I should not be justified in saying that I had been imposed upon by the :‘lessrs. Lichtwald until I am convinced that he was a 4-year old, and that they knew him to be so, and I certainly sin not at present convinced on that head, and most sincerely hope they will yet send over a complete refutation of the charges brought against them ; and with regard to the vicious temper of the horse, &c., and the subsequent remark, " that it is strange so experienced a trainer should have been so slow in satisfying himself upon the point," I must.observe, that his temper was not at all vicious, and that he would have allowed any person to look at his mouth ; but I contend that it is not the duty of a trainer to examine the mouth of any horse that is sent to his stables, but merely to manage him and to train him to the best of his abilities, and that this is the only instance in my life of my sending for a veterinary surgeon to examine a horse's mouth belonging to another party, and I even go so far as to say that I exceeded my duty in this instance, and my only excuse is, that I did so, in cr.n sequence of remarks most annoying to my feelings which had from time to time appeared in the newspapers. In your paper of this day there appears to be a doubt en tertained whether Mr. Wood examined the identical Leander, or an animal prefessedly Leander. To &ear up any such doubt, I herewith send a copy of a declaration made by me this day before Mr. Hardwick, magistrate of Marlborough street Police-office. _ _ I am, Sir, your very obedient, humble servant, 240, Oxford-street, May 29. JOHN FORTH. (Copy of Declaration.) I, John Forth, of Mitchell-grove, in the county of Sussex, do hereby solemnly declare that in the month of February last,' in consequence of certain rumours as to the age of the colt Leander, the property of Mr. Lichtwald, which I then had in training for the Derby, I caused the said cold to be examined by Mr. Wood, the veterinary surgeon, of Arundel, in the said county of Sussex, and that the colt which Mr. Wood did examine and alluded to in the annexed certificate, was the same colt Leander that ran for the Derby in the present year; and I do further declare that in Consequence of the said rumours I questioned Mr. Lichtwald as to the fact of the said colt's age, and he always positively asserted that the said colt was no more than three years old, and that there would be no difficulty whatever in proving the same: and I do hereby further declare, that I believed the asser tions so made by the said Mr. Litchtwald to be true, and I make this solemn declaration conscientiously believing the same to be true, and by . virtue of the provisions of an Act made and passed in the sixth year of the reign of his late Majesty King William IV., entitled 'An Act to repeal an Act of the present session of Parliament, entitled, "An Act for the more effectual Abolition of Oaths and Affirmations, taken and made in various departments of the State, and to substitute declarations in lieu thereof, and for the more en tire suppression of voluntary and extra-judicial oaths and affidavits, and, to make other provisions for the abolition of unnecessary oaths." "JOHN FORTH. " Declared at the Police-court, Great Marlborough street, this 29th day of May, 1844, before me, " J. HARDWICK, "Magistrate for the Metropolitan Police District." (Copy of Certificate.) "Arundel, May 27. "I hereby certify, that in the month of February last I examined privately at Mr. Forth's request the horse Leander, and pronounced him to be three years' old; at that time he had a decided three-year old mouth, and the tushes had not shown themselves. "J. WOOD. "S. T. HARMAN." INCEND lARI SIII-. It will be recollected that at the Kingston Spring Assizes, a young man named George Elderfield was charged with an act of incendiarism, committed id the neighbourhood.of Guildford, of which town he was a resident. As is usual in cases of this descrip tion, the evidence was entirely • circumstantial, and consisted of proof that the prisoner was seen near the barn that was fired immediately before the fire was discovered, and that when the alarm was given he was seen running away from the spot. It was like- - wise proved that a day or two before the fire Elder field purchased two boxes of lucifer matches; but when he was apprehended he denied having done so. There was no such evidence against him however, and at the close of the case for the prosecution, Mr. Baron Alderson, who was sitting in the Crown Court, expressed his opinion that there was not sufficient evidence to go to the jury, and therefore directed an acquittal. The prisoner, upon his being set at liberty, returned to Guildford; but in consequence of the strong impression which prevailed that he was the guilty party, a watch was kept upon his movements. A few nights back the town of Guildford and the neigbour hood were again alarmed, by a. fire breaking out in the farm-yard of Mr. Bicknell, an extensive farmer, residing near the town of Guildford. Fortunately, assistance speedily arrived, and two large ponds of water being upon the premises, the dwelling-house was saved, but a barn, which contained a large quan tity of wheat, beans, and oats, a stable, and some sheds, with three fine calves, which it was found im possible to rescue, were wholly destroyed. Suspicion at once fell upon Llderfield as the author of the fire, and upon the police making inquiries at the house of the old woman where he lodged, it was found that he had been absent from home during the whole night on which the fire took place, and he was immediately sought for, and taken into custody: After having undergone one or two private examinations, in the course of which no material evidence was brought forward to inculpate him, the prisoner voluntarily confessed his guilt to the officers who had'him in charge, and by the direction of the magistrates he was taken to the spot, and he then showed the con stab!e where he had concealed himself during the evening of the fire, and said that he lighted the stack by means of a lucifer match ; that the first he tried went out without doing any mischief, but a second one put it in a blaze. The prisoner is a young man of weak intellect., and upon the former trial it was proved that his mind was continually wandering, and that he frequently talked in a most incoherent manner about fires, and he had several times disturbed his landlady in the night by giving an alarm of fire, which turned out to have no foundation. When before the 'magistrates Elderfield repeated his confes sion; hut he did not assign any motive for the corn mission of the desperate act, or appear to feel any dread for the consequences. The magistrates, after careful investigation, resolved upon committing the prisoner to take his trial at the summer assizes, and he was accordingly conveyed to the, county gaol. On Wednesday 31r. Baker held an inquest at the London Hospital, on the body of Sussanah Day, aged 86, a widow, residing at 24, Skinner. street, Bishopsgate. Her son said that she was very much afflicted with spasms in the stomach, and that at times they were so painful as to drive her to distraction: On Friday morning. he went out with some work he had finished, leaving her in bed. On his re turn, to his great surprise, he found her sitting o a chair covered with blood, and on close examination he found that she had severed her throat with his razor. He procured as sistance, and she was promptly taken to that hospital. Mr. D. Carter, house-surgeon, said deceased .was. admitted with a wound in the throat, four inches long and two deep, and completely dividing the wind-pipe and gullet. It was nil possible for her to survive, and she died in a few hours. Verdict, " Tswportuy SPIRIT of the PUBLIC JOURNALS. FROM THE EVENING PAPERS OF YESTERDAY, STANDARD.—It is amusing to remark the shifts to which the Leaguers are driven to extenuate the disgrace -of their defeat in South Lancashire. They generally rely upon the less majority by which Mr. Entwisle has been returned than that by which Lord Francis Egerton and Mr. Wilbra ham were returned seven years ago, but they overlook the fact that if the Conservative majority in 1844 is less than in 1837, the aggregate of vot(s polled, and the registry are much less also ; surely they ought not, when exulting in the momentous fact that Mr. Entwisle has polled ninety-eight votes less than returned the late Member (and this is the whole reduction), to forget the recent and constant boast of their own League Committees, that they had actually struck off 2,800 Conservative votes from the registry—a reduction that ought to have made a somewhat greater difference than ninety-eight votes. Mr. Cobden, who hurried to town last night, to console the Leaguers at Covent-garden, and to assure them that their defeat was a great victory, ascribes all the success of the Conservatives to landlord influence. Now, landlord influence is about as powerful in South Lancashire as it is in Middlesex; and the return of the renowned Middlesex goose some years ago will tell what land lord influence is in the metropolitan county. The correspondent of the Morning Chronicle, too, more honest than Mr. Cobden, admits that the Conservative landlords very handsomely declined the exercise of any in fluence. This correspondent, however, has a solution of the defeat, and a somewhat droll one—the landlords were pas sive, and their principal agents were passive, but the bailiffs and gamekeepers " have done it all." We were not at all aware of the power and popularity of these classes. In London, indeed, we know that the bum-bailiffs consti tote a formidable body, particularly in the suburban districts, and for that reason Mr. Thomas Slingsby Duncombe very judiciously invited to sit as chairman'of his principal Com mittee a burn-bailiff of extensive practice, though how Mr. Duncombe could know anything of such a functionary must be of course a riddle. We do not, however, see that this influence of the bum-bailiffocraey in Fins bury—formidable as it may be to Mr. Duncombe's supporters affords any analogy for the authority of under-bailiffs (farm-bailiffs we presume) in South Lancashire. The farm-bailiff has no authority save what he derives from his employer, and the gamekeeper has no concern except with poachers. But it will not be pre tended that such noblemen as the Earl of Derby, Lord Skel mersdale, &c., professing neutrality themselves, would be guilty of the meanness of allowing their influence to be em ployed for a party purpose by their lowest servants. The hypothesis is not more insulting than absurd. GLOBE.—The Ecclesiastical Courts Bill will—in accord ance with the arrangement proposed by Sir Robert Peel—be discussed to-morrow evening, on the motion that the Speaker do leave the chair. "So help me God, I have no interest in this measure!" was the Right . llon Baronet's solemn declara tion when the measure was on a former occasion before the Moose. This unusually strong disclaimer of "in terest," hi a Bill introduced to Parliament by the Govern ment, naturally excited some surprise. It was commented upon at the time it was uttered; and will doubtless be remembered, if it be not alluded to to-morrow evening, when the principle and details of the measure are under discussion. With all due respect for the asseverated disinterestedness of Sir Robert Peel, we still consider it our duty to press upon the attention both of the House of Commons and the public, two points in the Bill, which certainly wear the appearance of one of those jobs by which the law re forms of the present Ministry have acquired for their authors a bad pre-eminence. The first of these two points is, the provision of an income of 1,200/. a year for Dr. M.P. for Cardiff, one cf his own supporters. The second, is to the sop thrown by the Bill to a hybrid class of professionals in the provinces, who exercise the double avocations of proctor and attorney—occupations differing as widely, in regard to the education necessary for their respective followers, as midwifery and horse-dealing:. The endeavours we have hitherto employed to ex pose- the palpable jobbery sought to be perpetrated in favour of Dr. Nicholl by means of thin Bill, have been par tially successful. Dr. Nicholl within the last few days has deemed it prudnt or decent—or he has possibly been advised by one or more of the superior Members of Government, possessed of more discretion than himself—toresign his post of Vicar-General. That office is now held by a venerable practitioner of the Ecclesiastical Courts named Burnaby. The salary proposed originally brDr. Nicholl (in his Bill). as the annual remuneration for the duties of this sinecure, was 1,203!. We now find the sum of 5001. ,suggested, as a sufficient salary. Thus the aged Dr. Burnaby is to do the work hitherto performed by his very-much-junior brother Nicholl, at 700/. a year less than was modestly proposed by Dr. Nicholl for himself ! The public are so far advantaged. The substitution of 5301. for 1,200/. per annum causes a duction, in favour of the public, equal to 7001. yearly. As the office is one that involves no work, the holder has no right to complain. The change, however, suggests a ques tion which, we think, Dr. Nicholl should be called upon to answer.; viz.—lf Dr. Burnaby , be deemed quite as -capable as Dr. Nicholl of doing nothing, why is the difference now made in' the contemplated remuneration of a Vicar- General ? Was the difference—viz. 700!. per annum—to be a " consideration" to Dr. Nicholl for his Parliamentary support ? and is Dr. Nicholl willing to advocate 5001. a year as the salary to a man in every respect his superior, when he (Dr. Nicholl) considered 1,200/. a year the proper reward for his own services in the very same post.? Dr, Burnaby will scarcely apply to him the words of Horace :-, " Liberum munivit iter, daturas Plura relictis." 'We will at present add no snore on this subject than the expression of our best wishes for Dr. Burnaby's good health ; and that, neither by his death nor " resignation," the office of Vicar-General may be re-opened to the acceptance of its late holder. And so mach for the first of the two points to ;which we have adverted. We have materially damaged the scheme ofj eb bing contemplated by the authors of the Ecclesiastical Courts Reform Bill; we may, possibly, even at this stage of the measure, shame the sensitive Premier into a consent to modify some of the more prominent objections involved in the construction of the second point, to which we have referred. In many of the country towns there is found a species of the genus lawyer, which certainly cannot be likened to the animal which its exhibitor described as " a hanlinal wot couldn't live in the water, and died on the land ;" inasmuch as the members of this tribe contrive to live everywhere ; in everything ; and on everything : they are omnivorous and übiquitous. In fine, they are both Proc tors and attorneys; or, like the Centaurs of old, two distinct species in one undivided body. Has a case of assault oc curred? They are ready to conduct the cause at common law. Has a lady called another by a naughty name? They are equally ready to follow up the offender in a suit for defama tion in the Ecclesiastical Court. In fact, whatever be the subject of litigation, whether horse causes, assaults, defama tion, slander, breach of promise, divorce, murder, larceny, sub traction of tithes, church-rates, lay-baptism, or what not, in each and all of these, this half-and-half kind of practitioner is at all times ready to do his best; and to fight the battles of his clients at Chancery, common-law, criminal-law, eccle siastical-law, at the sessions, or before the poor-law guar dians—in fact, anywhere, where law in any shape whatever obtains—Jack-of-all-trades, and very frequently master of none ! The grand feature of these gentlemen is, however, their active agency at Parliamentary elections—most efficient when working, like the mole, under ground. This pertains to the second principal objection we have ur g ed against this Bill. By Sir R. Peel's adhesion to, or consent modify this part of the measure, the public will be prepared to test the sincerity of his solemn asseveration—" So help me God, I have no interest in this measure I" The Bill, if it pass in its present shape, is to framed as to throw a very great increase of business, and consequently of profit, into the hands of the Centaurs of the legal profession in country towns. To ad vantage these, and these only, the public is to be driven out of the old and accustomed course, which has always been open to them, of having recourse for probates of wills, &c., to the fountain-head at once, if they should think fit so to do. By this Bill they will, no/elites volentes, be forced to go with the wills of their de funct friends to some outlandish country Ecclesiastical Court, without the choice being permitted to them of applying direct to the Central Court at Doctors' Commons. And why Simply because Sir Robert Peel wishes to conciliate the country proctor-attorneys, and thus buy off their threat ened resistance to other parts of the Bill. These are the two points on which we have principally rested our opposition to this production of combined wisdom and virtue, by a Cabi net, which, as the Times says, " is composed of a snug party of independent gentlemen, with a good deal of leisure thue on their hands." LAW INTELLIGENCE. COURT OF CHANCERY, May 30. . IN TIH MATTER OF DTCE SOMBRE, A LUNATIC. Mr. WAKEFIELD, upon this case being called, stated to the Court that his Learned Friend, Sir Thomas Wilde, and him self bad had a communication from the other side, proposing l certain arrangement. They had nt.t had sufficient time to determine whether they would accede to it or not; and he had therefore to request that the Court would allow the matter to stand over till to-morrow morning. Mr. BETIIELL considercd that the arrangement was for the benefit of all parties, and trusted that it would meet with the sanction of the Court. The case was then ordered to stand over till to-morrow morning. Lord St. Vincent, the father of Mrs. Dyco Sombre, was in Court. THE MATTER OF THE PRINCESS BARIATINSKI. The reading of the further evidence in this case occupied the Court the remainder of the morning. VICE-CHANCELLOR'S COURT May 30. The VICE-CHANCELLOR Of ENGLAND was occupied the whole morning with motions of no public interest. COURT OF QUEEIWS BENCH, May 30. (Sittings in Banco.) CUSTOMS FRAUDS.-THE QUEEN V. BLAKE AND ANOTHER. The defendant Blake, in this instance had been convicted at the sittings after last Michaelmas term, at the Guildhall, of conspiring with the other defendant, who did not surren der to take his trial, to defraud the revenue by passing cer tain French goods at the Custom-house, at a lower rate of duty than that which was justly payable upon them. The defendant Blake was a Custom-house officer, the other defendant a merchant. In llilary term last Mr. Cockburn had obtained a rule • nisi for a now trial on the ground of the improper admission of evidence; the evidence objected to being a de claration made in the absence of the defendant Blake, as to the purpose for which a ch eque o f 201 . h a d b een pa id t o hi m (Blake.) The SOLICITOR-GENERAL and Mr. POLLOCK this morning showed cause against the rule. Lord DENMAN, without calling upon Mr. Cockburn to reply, said that in his opinion the rule for a new trial must be made absolute, on the ground that where parties were in • dieted for a conspiracy a statement made by one of the de fendants without any communication or consent with the others, and not in pursuance of the conspiracy, but after it was completed, was not admissible against the other de fendants. The , other Judges expressed their concurrence. 1 - Zule for new trial absolute. THE QUEEN v. MOTTRAM AND WILLIAMS. This was an indictment against the defendants, who had been silk merchants in the City of London, for conspiring with one Bumby, a Custom-house officer, and another person named Horsley, to defraud the revenue. Williams had pleaded guilty; and Mottram, who was tried at the Guild hall, at the sittings after Hilary term, was convicted on the evidence of Bumby. The SOLICITOR-GENERAL this morning prayed the judg ment of the Court upon the defendants. Mr. COCKBURN moved for a rule nisi for a new trial on the part of the defendant Mottram. This application was founded upon an affidavit made by the defendant Mottram, in which he denied the statements made by Bumby at the trial, and declared his ignorance of the transaction, asserting that all the frauds had concocted by Bumby. Lord DENMAN refused the application, as he considered it would be very dangerous to grant new trials on such grounds. The affidavit merely denied the facts which had been sworn to by the witnesses at the trial, and contained a general assertion of innocence. Several affidavits in mitigation o f pun i s h ment were then put in and read. After *which, ' ' " - - Mr. COCKBURN addressed the Court in behalf of Mottram, The defendant, Mottram, it appeared, had not the ma nagement of the business, and therefore could not be supposed to •be very conversant with these matters. He had fallen a victim to the machinations of the man who was now living on the price of his infamy, and who, as he had been the first to denounce, so he had been the first to tempt. The defendant hlottram had fourteen children de pendant on him; he was in an ill state of health; and considering the ruinous consequences which these proceed ings had entailed upon him, he trusted their Lordships would administer justice with mercy. The defendant Williams addressed the Court in person, and said that they were the tempted, not the tempters. Bumby had sought them, not they him. As early as 1842, he (Williams) had made a communication to Mr. Dean, the Chairman of the Board of Customs, offering information on the subject, and he had received a letter from the Chan cellor of the Exchequer thaiaking him for his information and suggestions. This was six months before Bumby bad stated anything to the authorities on the subject of these frauds. The SOLICITOR-GENERAL, in aggravation; contended that Mottram was fully cognizant of the nature -of the transactions in which he was engaged, and with regard to his family it was much to be regretted that the consideration for their interests had not been sufficient to keep him honest. The object of Williams in offering information had been to in duce the Customs' authorities to offer to forego proceedings; he had, however, never given that information. He admitted that nothing could be said that was too strong against the character of the man Bumby, but the defendants, persons occupying a respectable station, had been but too willing to bribe him to assist them in defrauding the revenue. He submitted to the Court, that it was necessary to make a severe example of the defendants. The Judges having consulted together, Mr. Justice PATTEsox proceeded to pass the judgment of the Court as follows :—Peter Williams and Charles Mottram. You, Peter Williams, have pleaded guilty to an indictment, charging you with conspiring, with the other defendants, to defraud the Customs revenue; and you, Charles Mottram, have been convicted of the same offence by a jury. Your application for a new trial has been refused, and I must say that I see no reason to think the jury were wrong in the decision to which they came in your case. You have filed no affidavit but your. own, and had you been ignorant of the transactions it would have been very easy for the other defendant Williams to have filed an affidavit to that effect. lie has, however, done no such thing. It is true you may have been the tempted and not the temp ters; but persons like Bumby generally make inquiries be fore they enter into communications with parties in your situation, and it appears that you had no hesitation in avail ing yourselves of his offer. Your duty as honest men was to have at once given information of his offence to the Custom-house authorities. With regard to the fact of Mottram having a large family, I entirejy concur in the ob servation of the Solicitor-General. One of the affidavits states that Mottram's health will be endangered should he be confined in a prison in a close neighbourhood. We must, however, send prisoners to the prison we think most proper for them, and, should their health suffer, they can make application to the proper authorities, who will remove them if it should be necessary. We see no difference whatever between your respective cases, and the sentcnce of the Court is, that you be each of you imprisoned in the Queen's Prison for 12 calendar months. COURT OF COIII3ION FLEAS, May 30. (Sittings in Banco.) No case of the slightest public interest came before the Court to-day. THE STATE TRIALS. DUBLIN, TUESDAY ETENiNG. COURT OF QUEEN'S BENCH . . -- AFFIDAVIT OF MR. O'CONNELL-WRIT OF ERROR HALF•PAST FOUR. O'CLOCK.-Mr. O'Connell appearel in court this day for 'the purpose of making an affidavit. The affidavit, IN e understand, states his intention to apply for a writ of error, believing that he has good groundi for doing so. DUBLIN, WEDNESDAY EVENING. Shortly after eleven o'clock, the Lord Chief Justice having called upon the Attorney-General to proceed with his reply to Mr. M•Donough's argutnent' for arrest of judgment, 'ht . ; RIGHT HON. and LEARNED GENTLEMAN pro ceeded to address the Court. He adverted to nearly all the authorities cited by the traversers' counsel, and con cluded his address at half-past one o'clock. The CHIEF JUSTICE then proceeded to deliver his judgment. He said that that case had been already so ably discussed by the Learned Counsel who had argued it on bath sides, and had been so long under considera tion, that he did not feel called upon to occupy a great deal of the public time with anything which he had to say about it, the more especially as the different members of the Court concurred, at least substantially, in the view which they had taken of the case, and as he well under stood that each of them would take that opportunity to say something to the bar and to the public as to the grounds upon which their opinion was founded. All of them, however, agreed in the opinion that there was no sufficient ground shown in that case for an arrest of judgment. Two grounds had been put forward by Counsel in making that motion, which were essentially different—altogether independent of each other. One was upon the caption of the indictment ; the other was on the objections taken to the indictment itself. With regard to the objection to the caption he hardly thought that it was very seriously put, or pressed by the gentle man who made the application. As to that circum stance he might be mistaken, but he had no doubt but that they had not the slightest foundation to stand upon that ground. He then read the several. counts of the indictment, and proceeded to say that he could. not well understand the arguments that were put furward by Sir Colman O'Loghlen ; he did not see that the Constitution should be leas sacred because it was established by law, and he thought that any violation of the law was more or less an interference with that Constitution : be thought, too, that anything that was by law established could not be broken down except by a violation of the law, and whatever was done to that effect was a criminal offence. His Lordship again read over the whole of the indictment, and continued by saying that', in his opinion, the charge of duplicity could not be made at that stage of the proceedings, when the verdict was had, and everything in the way of explana tion gone through. There was a mode, pf pro ceeding at an earlier period which, if there had been proper reason for adopting, the parties might have resorted to and adopted; they might have ap plied to the Court to quash the indictment for want of simplicity and unity. But as they did not think proper to take that course, the inference was, that they proved they had nothing to complain of, and he consi dered that it was then too late to make their application; and another reason that would induce him to pause be fore he would yield to an objection of duplicity was, that he did not at all subscribe to the proposition. His Lordship took a review of the vailipus charges contained in the indictment, and in reply to the proposition that none of them as found by the jdry was a legal offence, he designated the various branches of the conspiracy as criminal in a high degree. He dwelt particularly eg the charges of attempting to excite disaffection in the !twiny —those relating to the arbitration courts, and the at tempts by multitudinous meeting to overawe the Legis lature of the country. Judges Burton, Crampton, and Perrin, fully concur red in the judgment p asse d by the Learned Chief Justice. en - Im , JUSTICE—Ur. Attorney-General, have you anything else to move in this case? ATTORNEY- GENERAL—I have to move, my Lord, that the traversers be in attendance to-morrow morning for the purpose of receiving the judgment of the Court. Mr. ffoortr.—We have served notice, my Lord, of a motion which we shall have t,o make in this case, pre vious to the sentence of the Court being passed. The Crown has got from us the earliest intimation of the motion which it was in our power to give. COURT—What-is the nature of the motion? Mr. MoonE then read the following notice of the motion, addressed to the Crown Solicitor:— "THE QUEEN V. O'CONNELL AND OTHERS. " Sir,—Take notice, that in the event of any rule being pronounced by the Court on the motion to arrest the judgment in this case, counsel on behalf of the several traversers will, on Thursday next, or after the decision of the Court on the pending motion, or when they shall severally be brought up for judgment, apply to the Court that whatever sentence the Court shall think fit to pronounce upon the respective traversers shall be directed not to commence until such day as the Cuurt, in their discretion, shall think it right to order, to enable the traversers to prosecute their writ of error, and I}ave judgment thereon between the said time of pro nouncing the said judgment, and such day'as shall be so appointed by the Court ; which application will be grounded on the proceedings already had in this case, end an affidavit of which I shall send you a copy.— Dated this 28th day of May, 1844. " Signed, William Ford, Pierce Mahoney, and the other attorneys for the traversers. " To Wm. Kenunis, Esq.!' Judge CRAMPTON—Do you intend to make any affi davits on the part of the traversers? Mr. MoonE—One was made by Mr. O'Connell last night, on which I ground my present motion. Judge CRAMPTON—I am aware you say so; but do you mean to make any general affidavits? Mr. MoORE—No. Judge PERRIN—Then we are to understand that the traversers do not mean to tile any affidavits preparatory to judgment being pronounced. Mr. MOORE--No, my. Lord. The COURT assented to Mr. Moore's motion being heard to-morrow morning; and the Court then ad journed shortly after four o'clock. During the progress of the judgment, Mr. O'Connell's presence elicited a loud cheer, which was repeated in the hall, and outside the Four Courts, and manifestly inter rupted their Lordships. POLICE INTELLIGENCE. (YESTERDAY.) CLERKEN WELL. James Mahony, a cabinet maker, residing in Harrison street, Gray's Inn-road, of dissipated appearance, was charged with an assault on Mary his wife. It appeared from the evidence of the wife, a delicate, broken-hearted looking creature, and her testimony was confirmed by several other witnesses, that they were married in Ireland about six years ago, and have three children. During the last three years his treatment of her has been systematically cruel. He usually remained out until three o'clock in the morning, associating with the most profligate characters, and when-he returned beat the complainant severely. He at times threatened to murder her, and the poor woman, with tears in her eyes, declared that herself and her little children were half starved. About three months a g o he beat and kicked her se cruelly that her body was bruised all over, and she was confined to her bed for a week in consequence. On the previous night about twelve o'clock, when he came home she was sitting with Mr. Whitter and his wife, wbo lodge in the upper part of his house. On hearing his foot she hastened to him, bUt on reaching the foot of the stairs he knocked her down with a:blow, and kicked her while lying on the ground until she was almost insensible. She bled profusely from the nose and mouth, and felt quite lame in the morning fpom a kick he had given her on the hip. Mr. Wilson, a licensed victualler, and 101 E, rushed into the house on hearing Screws f murder ; they owcorci that when they arrived the woman was bleeding profusely from th e mouth, a n d l that the prisoner, seizing a screw -d r i ver , ma de a an of it at Mr. Wilson's throat, but he fortunately the Wow. The prisoner then tore the coat off Mr. 10 ' sou's back, and the waistcoat and stock off another Ve r a son. It was with the greatest diffi cu lty he was conveY e to the station-house. Mr. GRCEEWOOD asked Mrs. 'Mahon how she cou l d support herself and children in ca se h e sent the priserl e ' to the House of Correction? The poor woman, said she would return to Ireland with her children , ' hopes that her relatives would support her. 'The prisoner, when asked for his defence, sullenly °b. o f served that his wife was continually accusing hi • keeping bad company, Mr. GREENWOOD said it was very, little wonder - ire should do so. The present was a most brutal and stot ing assault. He would fine the p r i soner 31., o r six Wet , imprisonment for the assault, and 75., or a w eek's prisonment afid hard labour for the wilful damage. - Not havmg the money, he was committed. - A boy named Bowman, aged about 16 years, r i g charged with stealing from th e em i nen t watclna . ' l o establishment of Mr. F. T. Dent, in the Strand, a g o , watch, chain, and seal, value forty gu i neas , the proPe r 6'f of Lord Canterbury, the late Speaker of the Howse Commons. Mr. Williams attended on behalf of the prisoner. o f It appeared from the evidence of a grea t nuinber, witnesses, that on the 25th of April, about ten o'cleekilli the day, the prisoner went into Mr. Dent's shop , a re a asked if an errand-boy were wanting; he was ans we ibe in the negative, but still lingered in the shop, n eltr counter. The watch, which had been just called for,, a a the owner, who was sitting in the shop at the tinie,,u n , been placed upon the counter by Weatherly, the pl man. About two minutes after the prisoner le ,t t o l a shop, the watch was missed, and has never been fo li os since. A day or two after the robbery the prisoner committed for trial at this Court on a charge of robbl o the National School in Hatton-g ar d en , o f a quantitybc school- books, and he was then identified to Weatherly' and Colter, Mr. Dent's s hop m an and pori ) ,` as the person who had been in th e shop just-before t!. o f robbery. The prisoner was acquitted of the charg r e o book-stealing at the Middlesex sessions, , but was a;, e, arrested and brought before the M ag i s t ra te hare, he acknowledged having stolen the watch, but said ho had giver. it to a fish-selle,r, named Tom Richards , iv de , kept a shop in Baldwin's-gardens. Search was m a te but Tom Richards was no where to b e f oun d, nor P . been since captured—a fact which reflects no cre dit - 6 1 the vigilance of the . new police. A tinman, 03 1,0 Brown, living in 48, B a ld w i n ' s - gar d ens , d e p o sed 1 0 , the prisoner offered for sale to him a gold watch, C l lO and stal, corresponding in a ll res p ec t s w i t h the s t fo one, and asked Si. 10s. fur it. Brown said he was The it must have been stolen, and refused to buy it. sc( i boy said it had been stolen by another person : Brown suffered him to depart with the watch. I) , a ` i t y previously, however, taken its num b er , an d insu e w r, following entry, " Gold watch, No. 6,199, Dent, n'a , 6 1 Strand, "being the identical words a n d figures engl l ' on Lord Cant'erbury's watch. These facts having been deposed to, depositio ils 10 trial were taken down, and th e w it nesses bound ov er b o prosecute at the ensuing sessions of the Old Bail09„ 1 '; the prisoner will be again brought u p, that Mr. p'" testimony may be added to the above. QUEEN-SQUARE. h Charles Clack, a painter, was charged by Mr. ~s t • the relieving officer of St. Margaret's parish, minster, with deserting his three children, t h e eldl oor whom is fourteen years of age, and the youngest i s !i, months, who thereby became chargeable on that P 3l. h i; The defendant said he would have supported 01; children if he had had work—he did not desert ti! e t , he had only been employed four days since the 6thillie'cr Mr. Thomas said he might have had relief On ployment, if he had applied to him. The defendant said the moment he had obi work that assistance would have been discontinued' 0 He was committed to the House of Correction il)r month. a• a ver' Edward Houghton was charged with stealing 01-L r i ; t ll book and a Bible from the new church whi c h has been erected in the Broadway, Westminster. cl From the evidence it appeared that the prisone r, t he had been previously seen in the church, came in. , i ces sacred edifice the previous evening about twenty tt; sat before the evening service usually commenced. t' ) down in one of the free sittings immediately adjace' di res two pews rented by Mrs. Cook. There were only i ces two persons in the church at the time. The vestryric e `` a d Mary Adam, observed the defendant staring at he r 'to she went up to him, thinking that he had somet lll9 slo° say about an insane man who is in the habit of att' e ' t er the church, but he did not sneak to her. ShortV oi , wards she missed two books which were in Mrs• pew a few minutes before. She mentioned the c"' tba stance to the defendant, who said he had not W e i", re' books. From information which she subsequen''' 3 o ceived, the deft nclint was asked to step into the /e b where the clergyman informed him that he ha d pointed out by a member of the congregatie ll believed that he had secreted the books on his P L e " bad ‘ The defendant immediately acknowledged that n e t cf taken the books, and produced them from some Parreo his clothing, and said he took them through di s t t oo d When taken into custody nineteen duplicates were in his possession, three of which were for eleven 13(' which had been pledged. e The defendant who had nothing to say to the C --ti t or was committed for trial, but ordered to be broug again on Thursday next. John Dixon, a roan about thirty years of age, 1 11 - 1- ; v a' with paralysis, was charged with a violent, and 11 1,; 4 1' rently . unprovoked, assault upon a woman o f q uest h ` or able virtue, named Harriet Martin, and on Adam Sat' laid, a pace:llan who had him in custody. _„ 4 th The defendant, who has an impediment in his sr - 4 , which prevents him from speaking for some tun° 2 " h ic entered into a rambling and incoherent statement , ` r W hicit had little or nothing to do with the offence with he was charged. , 0.. t lie was fined 51. for each offence, or, in defaui 4 committed for two months. ith _Samuel Diyby, who was charged on Moods/ 0 10 1e indecently assaulting a littl e g i r l, b e tween sev e r, o o 4 eight' years of age, was brought before Mr• 01$ 4 yesterday, having been remanded until that diti9 he was 1111451, and in default of payment he vs 6s mitted for two tnonths to the House of Correction' UNION-HALL. e John Tyler was brought bef or e M r . C o tti n gharikebsrb - v l; Mr. Carman, landlord of a p u bli c -h ous e in Fr - fif o street, Bermondsey, with stealing two gold wate_. ll 7o tb gold seals, 401. in fourpenny pieces, and other proper t y amount of 1001., the property of the complainant. ,vc Mr. Child, the solicitor, who attended on the pa:, otr a complainant, stated that the prisoner was a slater, s°,,,s'oo capacity had been employed at the complainant's some time past. On Wednesday last Mr. Carman vet i `;s for the purpose of going to Epsom races, and on h . ,„ l° d til lro the same night, about half-past nine o'clock, he f ° '"; li d t o f that the drawers in his bed-room had been opened, ' co at ip gold watches, together with other property to the 3n 1001., stolen. The prisoner was in the house on th e , tto pr: 4 question, and had access to the room from which , hai perty was taken; and the landlord's wife noticed CO' le t the place bore his usual time. P A witness was called, who stated that he was tlis,er to a fruit salesman in the Borough market, fir oo u ' r Thursday last (the day after the robbery), di* ;pil bv il d called on him, and invited him to take some liquor st,„ : $ 0 house in the market. He accordingly went with hid' id while they were drinking together, the prisoner pullewitse;e watch out of a leathern bag, and, exhibiting it tt: ite ggP e '. - , , asked him if it was not a handsome article. The cecded to describe the appearance of the watch, '' fro to actly corresponded with one of the watches stolen comp ailnant's house. The prisoner, who merely denied the charge, wasrent psi CLEIIKENWELL. A young man, named James Dear, was charg' - its ca pa offence very common in this district, and which P ith y much annoyance to the inhabitants, carrying " matter in a leaky cart, without a cover. t be Mr. Baldwin, assistant-surveyor of highways t o ro la/ its of Clerkenwell, deposed that, at nine o'clock this ° t pe saw the prisoner driving a cart, so leaky that one - d, to A i contents leaked out upon the Bagnigge- t he great annoyance of passengers and detriment o itself. . in eS t . 1 1 The MAGISTRATE regretted that the Act of Par,'.ees. - , 10 0 not make the masters liable, instead of the ernP,o) o , would commit the prisoner under Michael Ange° Act, and fine him seven shillings. . G 1)5 01 NEWLY-INVENTED SPECTACLES, OPER A O. a TELESCOPES, MICROSCOPES, &C.-I'llosl'S. B. Solomons, Opticians,. 39, Albemarle-stree 11; cadilly, have succeeded in effecting a most sci e f,, t , of. t o , provement in Spectacle and Telescope Lenses , 7 4 10 1 '0 greatest transparent power. The extraordina•ibecelre tage derived from this invention is that Viii °l3 l oo 9 ,ie preserved and strengthened, and very aeleci enabled to employ their sight either by daY ser s light at the most minute occupation, a nd eal le r ; those Lenses of a much less magnifyin' r e her will they require the frequent change t 0 eerocl as the Spectacles now in common use. 4`sco'ves invented Achromatic Waistcoat-pocket Telo s ide, es' t ell Opera Glasses, which are invaluable at the s on the race-course, as well as at the theatre, &°•,l ef - 0 4 kind of Telescope fur Shooting:Sea V sef ' b ril be pur 0 „,ie stand for Astronomical Observations, with th h e Lenses of the most clear transparent tw : i l h l t s ed ta n powers are so great, and the Lenses so brJg di sl- o re' liant, that minute objects at an extraordiOrfotell,.oo brought completely under the eyes. Sre a E te Tourists, and Sea-side Visitors will, indee treat. Their invisible Voice Conductor giv es .. relief to old-standing extreme cases o f deafeesfd AerAie —Messrs. S. and B. Solemons, Opticians o.f t he ; 0 1 are not in any way connected with a Pers °° no r il i t i o sot name, in their immediate neighbourhood, be 0 0 00 4 part of the country. To prevent mistak,heesoole-5 and observe—Only to be had at 39, AP" Piccadilly, opposite the York Hotel. ,044 BIRTHS. On the 15th inst., at Naples, the lady of Fiorgeo Es., of a son. Thoul - On the 19th inst , at Florence , thelladr o f J. P' En., of Sunny Bank, Brecnock shire, of a,*daughter' ARIED. On the 29th inst., at S t. Giles's Churc h, tlic! te r e M of Vincent, bf.A., to Elizabet h Hale, second daalfa., Rev. Henry Budd, Rector of White Roothink d og e ' DIED. or" • 0 f Tre 0 On the 22d ult., John Doumall, Esq., ifil ll ' e Knightsbridge. El 0 , On the 10th inst., at the Grove, Hounsl°lv' vtr _.# 0 r wife of James Ensor, Esq. On the 24th inst., the Rev. Joseph Cook, of 3 - Ce1 " ° 60 014 6 Vicar of Chalton, aged 85. Dir J°ll° 4 On tie 25th inst , Charlotte, the wife a • 0 0 Meyer of the andsworth-road. „. e st Orel ( On ' the 25th inst., Elizabeth Anne, y 09 ,1 15 c p. only surviving daughter of John Clarke , D S(l. ' street, surgeon. fht ol4 l Ityr; lf' London : P r inted and'Yoblished /11040%c,,, 1 0 ;ii 01 No. 112, Strand , Print er, at TL Sign 0 • of Strand, in the Precinct the SOW' , tli bilddieaoX l Friday, May 31, 1844. Cr I. Dall y (s At Etreii r,, r , Rtar EA On and Lollow g • ec N at . he 061 c, ,7itees r pt ktJ E ! s tc x ,, 'this ,, I T 2~ T R~ 8.