The Sun. — London, England, 1839-07-03 00:00:00

EVENING EDITION'. MR. HUME AND THE BANK. Our readers will perceive that the House of Commons was yesterday counted out between four and five o'clock, in order to prevent the exposure of the Bank of England, which was anticipated from Mr. Hume's motion. We must say that this dirty artifice reflects great discredit on those who had recourse to it. After a House has be en. made, it is well known to be unusual for business of importance to commence before five o'clock ; and SO vven is this understood, that Ministers never at '.end till five o'clock. In the intervening time, Members do - not consider themselves under the necessity of being Pr esrnt ; and as Committees are usually sitting till the *:hair is taken, if the Members of them were not allowed to partake of some refreshment, then they must afterwards withdraw from the debate of the evening. The parties interested in screening the Bank watched their opportunity, and when they judged that the Members honestly desirous of doing their duty to the country with regard to that corporation were reduced below forty in number, went out in a large body, leaving one of their party behind to move that the House be counted out. This was too bad. There are occasions when Members, interested in seeing that a measure is discussed on a decent attendance, very properly more tha: the House be counted out, with the view of se curing a fair consideration on a future day. But the at tempt of yesterday had no such justification. It was a paltry attempt to steal an advantage contrary to the usages and understanding of the House. It is for the conve nience of all parties that attempts of this kind should be discouraged. We do not see the necessity of com pelling Members to a rigorous attendance from the taking of the Chair, in order to prevent sur prises of this nature. And we de think that when it is obvious that a surprise of this kind has been concerted by parties of some consequence, in the House, Members ought to resent it, by availing themselves of all the liberty allowed them by the forms of the House, to force on a discussion. There can be no business of more importance at this time than an inquiry into the conduct of the Bank of England; and we would therefore recommend to Mr. Hume, and those who think with him, that that conduct ought not to be screened from investigation, to fcrce on a discussion. We have no idea of allowing a trick like that resorted to yesterday to be successful.— Morning Chronicle. CORRESPONDENCE BETWEEN MR. J. P. STEPHENS AND MR. S\VYNFEN JERVIS, M.P. Bridport, June 26, 1839. SIR,—On looking over the division on the educa tional, grant proposed by Ministers, I was surprised at see ing sour name in the minority against it. As this vote is ens.irely opposed to the principles on which you claimed t l ie suffrages of the electors of Bridport, I cannot but think there must be a mistake in the report of that division; and my obje'.n in now writing is to request you will have the goodness to satisfy me on the subject by return of post, if conveuient to yourself. Having proposed you at the hust ings, as a fit and proper person to represent us in Par.'..ia ment, you w ill not, I am sure, consider that I am now re. cluiring more at sour bands than what is right or courteous, It is a subject, on w hi c h i n di v id ua ll y I f ee l d e ' Jply ;rested. Waiting y our re ply, I remain, yours Svvynfen Jervis, Esq., M. P. J. P. i'...I72PHENS. Dear Sir.-- - Whitehall-placr . „ June 28, 1839. one of In consequence of tly:, very severe ill ness o f m London-1130a'.ildren, which obli sea me to be abs en t f rom whole of yestr.rday, I have been unable to reply t o yi ,ur letter of the 26th, so soon as I could have fed. I trust you will consider thi s a sufficient apology or t hhe delay. W'.f.ti regard to my vote on the education question, of whie.t , you complain, I can only say that it was given by me V iith a thorough and firm conviction of its propriety, core ,idering, as I do, the proposed grant and the mode of aP vlying it, as laid down by Lord John Russell, utterly in a' !equ a t e to t h e wants of the country. Had the Govern.. tent persevered, as I fully expected they would have done, In bringing forward their original measure, I should have had much pleasure (though I thought even that measure insufficient), in recording my vote in its favour ; but when I saw them resigning tamely, and without a struggle, the best parts of their plan to quiet the visionary fears and hypo critical pretences of their oppononts—forsaking, as. Gold smith says, the right to pursue the expedient —my indig nation, I acknowledge, was roused, and I resolved, what ewer the consequences might be, not to make myself a party to the miserable and disgraceful compromise. serious If you consider th at I h ave b y th i s solitary vote of mine ly compromised my p r i nc ipl es as a R eformer, I am Nrry f or i t. I can nevertheless assure you, that lam quite as friernity at heart to the gr ea t cause o f education and national ir. aprovement (as I sh a ll b e rea d y to prove, when ever a large, liberal, and comprehensive measure shall be subeaitted to Parliament), and as much opposed to Tory bigvtry and intolerance as yeurself, or any other of my oons'A tueats. I may ) rave judged erroneously in this matter. Perhaps I did. • t3ut I do most conscientiously aver that, in giving my vote against Ministers upon this occasion, I acted as I thoug,fit for the best. 11, ave only farther to odd, that I entirely acquit you of arq want of courtesy in making this demand upon me. Y.:0 . 41 have surely a perfect right as one of my constitu et ts, to require of me such explanation as I can give of ray conduct in Parliament, and to call upon me to justify it, as far as I can. I write in great haste, which must be my excuse for any inacuraeie s of expression that may have crept into this totter ; and t rust i ng this explanation will be deemed satis factory, once more subscribe myself, dear sir, Your truly obliged and faithful, SWYNFEN JERVIS. To M r . J P. Stephens, Bridport. ............................. aaaaa ,„.... T Ri fi es.L of the PARIS PRISONERS. C :OURT OF JUNE 30. Eugene Marjolin, a youth only 13 years of age, was call'A to prove the attack on the post of the Palais de Jvstice. The witness stated that he was on the spot when the insurgents came up. The officer having refused to F xtrrender, he was shot dead. The witness being desired t.c‘ explain the manner in which the murder had taken pl ace, said, " When Barbes had approached the officer, the 1 s tier turned away the gun with his sword." (Great sur pqrise appeared to be excited in the Court by the mention oc: the name of Barbes.) The President—Marjolin, should you be able to recog nise those who were concerned in the attack ? The witness having replied in the affirmative, the ac e' used were all desired to stand •dp, and the witness, after a p ause, having pointed at Del Fade, who sits behind Barbe 4, scud, " I recognise that pers on in the blue blouse." The President inquired if that was the person:vale fired - upon the officer? The witness said, " I think not," and, after another pause, pointed at Bar:bfs and said, " I think it was that gentleman." - Martin, one of f.ll e accused, who sits behind Delsade, here rose and wit:n some emotion said—" M. le President, I have an obserta.tion to make to you—the Brigadier de Gendarmerie iilio is placed by the side of Delsade and behinde Barl-,0% designated Barbes to the witness with his finger-4 . G teat sensation)—and it was not until then that the witness recognised him." Pointing to the persons who sit 'eehind the accused, the witness said--" Ask those gentle,men if what I say be not true."—( Increased agita tior, in every part of the Court.) f-lere a voice, either from the body of the Court or one of the tribunes, exclaimed, " It is true, I saw it." The brigadier said it was true that he had raised his band to his chin, but not for the purpose of making a sign. The President —Who, then, made the sign? The Lieutenant of Gendarmerie replied, " It was my brigadier." Barbes_-Yes; and what is more, the Lieutenant twice ordered h;.m not to make signs.—( Sensation.) The w itness now declared that it was trae the gendarme had mae.e signs to him, but th a t h e h a d recogn i se d Barbes bef °re 'that by his long beard. The President—What I he really made a sign to you ? M arjolin—Yes, he seemed to ask me if that WAS the Per son I meant to point out as Barbes. The Procureur-General—The sign of the gendarme is 'easily to be explained—as the child did not clearly desig nate the perso'a whom he had fixed upon, tie gendarme by his sign inep.nt to say, " Is it this one or that one ? This rernark of the Procureur-General excited a pro found sensation. There were many exclamations of dis satisfac..ion, and M. de Montalivat, one of the Peers, said, "` M. le Procureur-General, do not justify it—Do not ju.stify it 1" Thle President here suspended the sitting for a quarter of un hour. On the resumption of the sitting, The President proceeded to the interrogatory of the prisoner Bonnet, but nothing of consequence was elicited. The Court then rose, it being half-past five o'clock. FIFTH DAY.—SIONDAY, JULY L. The preliminary proceedings were the same as yesterday and the preceding days. The prisoner Roudil, a young man aged 20, wan the first prisoner examined.--He was seized in the act of dis ehrzging his piece. The . prisoner attempted to d eny n'iving had any participation, in the insurrection, but this ',ilea he soon abandoned. His examination was quite uninteresting. Guilbert, the net prisoner examined, said that he left his shop accornranied by one of his apprentices about half past two o ' cl r:K. He then met a large crowd of insur gents, who breed a gun into his hands, and the several g bullets, &c. Th at h e proteste d aga i nst j o i n i ng them, tint they insisted upon it. Tdrcheret, the next witrsess, deposed that he seized Guilbert's gun. On being questioned as to the dress worn by Guilbert, the witness declared that he wore a blouse. Shortly after be declared_N o ; h e h a d on a wa i stcoat ~ with sleeves." (This created fresh sensation.) Mallet, a currier, Guilbert's master, said that Guilbert was an honest, industrious workma n ; that he had worked for him duriug the last twelve years ; that, instead of being unfavourable to the Government, he frequently had alter cations with the workmen professing republican principles; that he left the house at two o'clock, and was rather in toxicated. The prisoner, Mialon, by profession a ropemaker, w as next examined. The prisoner's appearance b espo k e an habitual intercourse with vice and poverty. The President observed that several respectable wit nesses had seen him kill Jonas, a Marcchal de Logis of the Municipal Guard. An old woman said that Mialon went out between four and five, and returned about seven o'clock. Witness on being asked if be was a foolish idiotic fellow ? She replied— Ccrtainement it n'a pas couche dans l'Eglise ; it n'a pas vole he Saint Esprit. (A French ex pression for a person whose intellects are not far removed from idiotcy. ) Louis Meneau, a musical instrument maker in the Rue aux Ours, said that be saw the tsan who shot Jonas. Witness declared that Minion was the man. Monsieur Rag-on, Professor of History, also declared that he saw Jonas shot by a man in a velve tjacket. The prisoners were ordered to stand up, and witness (then pointing out Mialori), exclaimed "T leis the man." The Peers retired to deliberate, aad o returned when our express lfet. MARKET INTELLIGENCE. (From the "London New Price Current of July 2.) SUOAR.—The transactions were extremely limited in the British Plantation Sugar market on Wednesday and Thursday last, but importers would submit to only a reduc tion on previous rates of 6d, and in some instances of is per cwt. On Friday there was rather more life in the market, and prices underwent no further change ; at auction 20 hhds Tobago sold at 63s 6d to 64s for low mid. This afternoon the biddings were languid at the public sale of 130 hhds Barbadoes Sugar ; the whole however appeared to be sold, and at prices within 6d of those of the last sale, fine fetched 67s 6d to 68s 6d, good mid and good 65s and 6d to 67s per cwt. The demand by private contract was limited, the pur chases not exceeding 380 hhds and trs, at prices generally on a par witi l th ose o f F r id ay, i n some i nstances a slight reduction was submitted to, for good bright Antiguas 66s a 66s 6d having been accepted, 64s fir St. Kitts with less colour, and mid greyish Jamaica 64. REFINED.-In the prices of Refined goods little change has occurred ; of the ordinary descriptions there continues a scarcity, and prices range much higher in proportion to the fine qualities of which there is a very good supply. The prices of Crushed and Loaves may be quoted rather lower, the former having been sold in small parcels at 33s 61 a 345. In Pieces and Bastards prices are the same. Dutch Crushed Sugar 32s 6d is the price deliverable in Holland, and 33s 61 per cwt deliverable here. To-day there was not much doing in Refined goods ; 81s is th quotation for standard Lumps. Crushed made from Fo reign Sugar has been sold in small parcels at 33s per cwt. MAURITIUS.-Prices have undergone no change since we last wrote. At auction 3,239 bags sold as follows, middling and good yellow at 63s to 64s 6d, strong greyish yellow 64s to 655, low brown strong 58s to 595, strong greyish brown 62s to 62s 6d. This aft ernoon 600 b ags at auction sold at steady prices, mid to good yellow at 63s to 65s 6d. EAST INDlA—Bengal in the middle part of last week sold rather cheaper at public sale; prices are now equal to those of last Tuesday : at auction, 3,880 bags principally sold—good white at 66s 6d to 67s 6d, middling rind good middling, 65s 6d to 665, damps and washed 64s to 663. Of Manilla, middling yellow went at 21s 6;t to 225,. good 23s to 23s 6d, ordinary to good brown 21s 6d to 2' .. , 5, washed 203 to 223 6d ; th e b u lk was tak,,,,, b y peers. Java, good dry white at 293, low t o fi ~e yellow was taken in at 23s 6d to 265. the sh; . P'Alic sale of Brargal, but This afternoon there was no ags 694 cases Manilla were 5,077 bags Siam, and 11,359 b offered, the principal part of which four ,a buyers, the former at a reduction on previous rates be is 6d, low mid soft to good dry white • Arent at 26s a 25s 6d, damps 25s 6d, a 288 Gd, washed 24 . , a 283 , 6d -,, ine latter maintained pre vious prices for ti de better Zescriptions, but ordinary sorts went rather c% 10p. ... ;er, -, low soft brown sold at 19s 6d to 20s 6d, mid _ o 1 good dry yellow 21s 6d a 23s 6d, washed 20s 6d a " . 21s 6cl per cwt. F c , Rr.oN.-1n yellow Havannah the transactions have oeen. truly 200 boxes at rather lower rates, 27s 6d having bee n accepted for good quality; white is rather cheaper. r .,43 boxes white Trinidad de Cuba have been offered at pubic sale, all of which were taken in at previous rates, mid to good mid strong greyish at 35s 6d to 365, mid rather soft 345, washed 32s to 335. Floating cargoes are offering, white Brazil at 31s a 325, and yellow Havannah at 27s 3d per cwt. This afternoon 32 chests 3 barrels Babia were offered at auction, and sold at 20s to 24s for low soft to greyish yellow. MOLASSES. —The limited business, as in West India, has been at rather lower prices, fine Antigua has been sold at 351 a 365, and fair Nevis and St. Lucia at 32s 6d per cwt. COFFEE.—lmpotters continue to supply the market freely with Coffee admissible for consumption at the 6d and 9d duty. There were offered at public sale this after noon 2,450 bags from the Cape, 1,476 bags Ceylon, 327 bales Mocha, 103 casks Jamaica, and 1,700 bags Java. The whole of the sound of the Cape Coffee was taken in much above its value, viz., good ord mixed to fine ord colory Bahia at 60s to 635, but principally at 64s 6d to 65s ; the sea damaged (about 300 bags) went at stiff prices, first class at 52s 6d to 60s 6d, second class 52s Gd to 54s 6d ; one lot of superior sound fetched 765. Ceylon were all sold 6d above former value, good ord at 102 s 6d to 103 s, fine ord 103 s Gd to 105 s 6d. Mocha all found buyers at 4s advance, common green went at 104 s 6d to 1055, fine yellow up to 1345. Jamaica was principally sold, mid qualities at and above 120 s went 2s cheaper, and sold at 120 s to 1235, a superior mark was taken in at 160 s. Java was imported direct, and the sound (which formed the bulk of the sale) was taken in at rather lower prices, good ord pale at 785 6cl to 795, excepting three lots of better quality which sold at 80s 6d to 83s 6d ; a part of the sea damaged found buyers at T3s to 74s per cwt. Cocoa.--In British Plantation former rates have been supported ; at public talc 150 bags Grenada sold at 45s 6d to 49s 6d for middling and good red. Foreign sells more freely ; at auction 340 bags Para went at 33s for ordinary, and 35s 6d to 37s for middling and good middling red. TEA.—There was a fair muster of the trade at the public sales which commenced to-day ; the quantity brought forward amounted to 19 ; 938 packages, or 1,416,3001b5. ; there, was more spirit in the biddings, and 3,900 packages ':ere actually sold, out of 11,300 passed; the principal part was taken by the home trade ; prices as compared with the last sale show id to ld advance for Twankay, Id to lid for Hyson, and id to ld for low Congous. RlCE.—East India at prices 6d a is under those of the last auction ; the greater decline is on Java; Bengal good middling and good white sold at 14s 6d a lbs mid 13s 6d a 14s, very ord Its a 12s 6d, low white Java Its a Its 6d, yellow Ils a 12s, and low white Madras 12s 6d per cwt. This afternoon 1,400 pockets Bengal at auction sold at steady prices, good mid and good white at 14s to 14s 6d per ewt. BUM, BRANDY, AND HOLLANDS.--BUM has sold freely, and prices have further improved ld for strong qualities. The transactions in Leewards have been 500 puns proofs to 3 per cent over at 3s 7d a 33 Bd, 4 to 6 over 3s 9d a 3s Iod, 7to 12 over 3s lld a 4s Id, 14 to 16 over 4s 2d a 4s 3d, 18 to 20 over 4s 4d a 4s Bd, 22 to 25 over 4s 10d a 5s 2d. Of Jamaica 340 puns have sold, 26 to 29 over at 5s 10d a 5s 11d, 30 to 34 over 63 a6s Id, 35 to 38 over 63 2d a :td, extra fine 6s 6d a 6s 8: 1 . Brandy at former rares. J In Geneva little doing. TALLOW.—P. Y. C, on the str`,,, at 47s 6d; for New Tallow dAverable in the last tire© months, 47s 6d. To. day there was more drjing, 46s 9d a 47s paid for the last three months, and !tis 6d on the spot. Tin WEATHER AND THE CROPS.—The weather for the last week has been most favourable to the growing crops ; the genial warmth of the atmosphere and the frequent showers of rain have had a very delightful effect upon vegetation in general. The wheat, which is now almost universally in ear, bids fair to afford an abund ant harvest, and, notwithstanding the frosts of last month, the barley and oats are in good condition. The turnips and potatoes look as fine as they have been for many years past, the present weather being favourable to them. Hay making is proceeding with as the weather will admit, but the farmers arc generally disposed to await the growth of the under grass, the earlier produce being very thin, and gone prematurely to seed.—Dorset Chronicle. THE MARQUIS OF WESTMINSTER'S GRAND BALL TO THE QUEEN, AT GROSVENOR HOUSE, was one of the most splendid fetes ever witnessed in this country. On her Majesty's arrival she was immediately conducted by the Noble Host and his Lady to the temporary pavilion or ballroom, which was singularly elegant, and the taste displayed excited much admiration. The sapper and refreshment rooms were separated from the ball-room by curtains in unison with the lining and walls of the pavilion, and on her Majesty proceeding to the Royal supper table, these curtains were removed as by ri,ogic, displaying to the noble and admiring guests . tab1,,,0 spread w ith v i an d s o f t h e most costly and choice description, and affording accom modation for 800 persons. Mirrors were placed at each end of this noble tent, which was brilliantly lighted. We understand Mr. Benjamin Edgington, of 208, Piccadilly, and 1, Duke -street, Southwark, had the erection of these much admired rooms.—./Ifornintl Post, Jun e 2L EXTRAORDINARY AND AWFUL CASE OF SUDDEN DEATH.—Yesterday, at half -past eleven an in quest was held before Mr. Wakley, at the George Inn, Sunbury, on the berry of Mrs. Hart, a widow lady, whose death occurtit under very awful and singular circum stances, The husband of the deceased was a farmer in respectable circumstances at Sunbury, but on Monday last was found suspended by the neck to one of the beams of his barn and quite dead. The inquest was held on Wednesday last, when a verdict of tem porary insanity was returned. Some.parties at that inves tigation wished an inquiry to be made as to the con duct of the wife, who, it was alleged, had caused the unhappiness in the deceased's mind, but the Coroner refused to do so. The funeral of the deceased man was attended by his widow and some friends to Sunbury Church, and whilst the service was being performed she fell down a corpse. Mr. Bloxam, a surgeon, was called in, but his services were of no avail. He was of opinion that the deceased died of disease of tho heart. The Jury returned a verdict of " Died by the Visitation of God." On Saturday Mr. Wakley remarked upon the very extra ordinary nature of the case, and the application that had been made to him to go into the wife's conduct, and said he was extremely glad he had not acceded to it, Such in quiries he never had gone into, and he never would. They only tended to feed the appetite of public curiosity at the expense of a family's happiness, which might be lost for ever; and besides they had nothing to do with the legiti mate object of a Coroner's inquest. The remarks made by Mr. Wakley seemed fully to accord with the feelings of all who heard him. SUSPECTED MURDER AT BiRMINGHANI, A young man, named William Kite, aged 20, and a navi gator by trade, was found dead on Sunday morn i ng, tinder very suspicious circumstance, in Anne- square , ad j o i n i ng the Parsonage gr ound, Birmingham, where M r . Ni nter was murdered. It is said that two men have been appre hended on suspicion of having murdered the unfortunate PENNY POSTAGE.—Mr. Hastie, M.P. for Paisley, in a letter to Robert Bisset, Esq., provost of that town, acknowledging the receipt of a petition in fa vour of a uniform penny postage, says, " I understand a short Bill will be introduced, reducing the rate of postage in the united kingdom to a uniform one of one penny, to commence on the date specified i n th e B i ll , and leaving i t as at present, in the option of the writer to pay the post age or not, as he thinks fit, on posting his letter. This will be a more simple mode than the one proposed by stamped covers, and obviates the inconvenience that would attend the distribution and sale of them throughout the kingdom, while it saves the Government the expense of the cover ; b ut t h e greatest benefit to be derived from it will be the more certain and due delivery of a letter that had money to receive for it than would be the case (espe cially in London and all large towns) were it an uniform paid postage."---Leeds Mercury. THE LATE EXPLOSION AT EIVELL.--An inquest was held on Monday on the bodies of the two men killed by the explosion of Sir Henry Bridge's powder mill at Ew&i. Nothing definite could be ascertained as to the cause of the calamity. One of the witnesses attributed it to lightning. As far as could be di scovered no blame at. tached to any person. Verdict—Accidental death. THE SUN, LONDON, WEDNESDAY, JULY 3, 1839 sition. He (Lord Lyndhurst) had looked at the , papes that had been l a id bef o re th'eir on thIS subject, and he must say, that no stigma whatever Vettea tih the House of Assembly in that respect. They had done ail they could be 'expected to do.— ( Hear, hear.) It was not his (Lord Lyndhurst's) in tention to go into the details made by Ceurisel at Op bar, but he would call flit , gttnittiiiii ac ttieir Lordships to two er thl 4- 0. 1 / 4 , raas which would satisfy them that t.ing the Learned Counsel had urged was correct. In 1834 the attention of the House of Assembly was called to the subject of prisons, and an address was presented to Lord Sligo, telling him that they would direct their attention to it immediately. They fulfilled their pledge—they appointed a Committee—that Committee prepared a Bill—the Bill was introduced and passed that Session, and it was pronounced upon more occasions than one by Lord Sligo to be a most beneficial measure. That was the first step. What followed ? Lord Sligo some time after wards informed the House of Assembly, that in some of the parishes of the Island, the Bill could not be carried into effect. The House of Assembly again ap pointed a Committee, and found that representation to be true ; and they voted 42,000/. in aid of the pa rochial assessments for that purpose. That was not all. In the same Session a third Bill was pissed relating to a object, and every thing that could be effected was effected in 1834, to render the system effectual. Was it any reproach to the House of Assembly that in that first effort for the purpose of establishing a good system of prisons, the system was open to some objections. Their Lordships had themselves been em ployed on this subject during thirty years, and their labours had not yet been completed. The House of Assembly entered honestly into the consideration of the subject. They passed a Bill which was consi dered by all persons as a most beneficial measure, and the moment any difficulty was pointed out they directed their attention to the subject, and passed those Acts which were necessary for removing the ob jections. Such was the state of things in 1834. Now what took place in 1835 ? Lord Sligo represented that there were some defects in the system. What did the House of Assembly do They appointed a Committee immediately for the purpose of investigating the statements made by the Governor, and what was the result? They recommended that a Bill should be introduced for the purpose of remedying these de fects.—( Hear.) While they were so employed a message came from the Governor, laying before them the Bill passed by their Lordships in 1835, together with three Reports of different Committees upon the subject of prisons. The Committee directed their attention to these Reports and to the provisions of the Bill ; and before they could read the Reports, in the course of eight days from that time the House of Assembly was prorogued. Was it the fault of the House of Assembly that it was interrupted ? No, it was not the fault of the House of Assembly, but of Lord Sligo himself. It showed that Governors could commit errors as well as Houses of Assembly, for Lord Sligo had himself on three occasions been guilty of a fla g rant violation of the privileges of th House of Assembly, and it was on tat account that he prorogued the House. The Governor was afterwards compelled to make a con cession, which proved that he had been in the wrong. Thi s was i n 1836. What took place in 1837 ? Sir Lionel Smith, the then Governor, directed the attention of the House of Assembly to the subject of prisons. They appointed, as they had done before, a Committee to investigate the subject. A communication was made to them by the Governor, informing them he had ordered returns to be prepared from the different parishes, and that when they were completed, they should be con densed and laid before the House. They were never laid before the House. The Governor did not redeem his pledge. And after this was it to be said that the Assembly had neglected its duty ? Lord Gle nelg bad stated in his dispatch that the Prisons' Bill expired in 1840, and that before the arrival of that period it would be necessary for the Assembly to direct its most serious and earnest attention to this important subject, with a view of introducing some amendment into the existing system. This showed that the Colonial Office did not at that moment expect an immediate change. On the contrary, it was suggested that the subject required careful deliberation. It cer tainly was necessary to complete the alteration before 1840—but this was only 1837—and what was there to lead the House of Assembly to conclude that the Colonial Office expected it should dons immediately ? The Committee, how ever, catiniled itt Almost immediately afterwards Captain Pringle arrived, as a Commissioner from the Government to inquire into the state of pri sees in Linaicni and id report open the subject— with what view, and with what purpose 't For the purpose, assuredly, of laying a foundation for some future improvement of the system. Capt. Pringle arrived in this country ; he presented his Report to the Government, but no copy of that Report was ever sent to the House of Assembly. Was the House of Assembly therefore to blame? Certainly not. —( Hear, bear.) But the facts were still more strong than that. Captain Pringle found fault with the con structiOn of three prisons 4 the House of Assembly were prepared to alter them. No, said Captain Pringle don't do that, but wait till the Government plan for new prisons arrives here, otherwise you may be throwing away your money. 'Was the House of Assem with for bly ovteornbmlament hadekth p ere r fo o r tm e ts i e n d wtoairtuinrgnifsohr themtbe material ppthmr b T P Hber e ra d egheeoo e d r aapum n u P tbti : sgai eros s e s eteee e t i fedonoda Billt f t ne o l stated , fAbwimdaes passed, ar nsya y :B e de et g t hi mb h w l pi woeb e abx yd a sbsl syya t Geta i e C n. h n tdoddh g o e wass,e m Trfrwoer Committee vastmi Notwithstanding ebt waiting svhheordntaeeete Lordships, Chairman a w i acisipiilnshpt‘tduysgihsieilrol, asserted t oo a nora pteesr n hrfdeeri d et‘i et,toisfoepihnte: arrived privileges fearlessly, nniieeecNißntssetde' information oarll meyenl a rs sit t aimoolsoatval niifnahott h i tsnidtisn a ocei dtaidinhe:, it was therefore not at all surprising that a popular Assem bly should, under such circumstances, be a little excited. This was not all, that House bad not only invaded the privileges of a popular Assembly, but it had insulted mea three etime rnkl l, i r s ou afterwards. ldnetbeir them at the sam e t i me. W hat was t h e nature o f t h at insult? The Bill, sa id to b e so urgent, arr i ved i n J ama i ca in September, b u t i t was not proc l a i me d till November, nearly What Lordships tools place havee x in the. pected every thing would have been done that would have had a tendency to conciliate ?—(Hear)--but no such course was pursued on the part of the Govern ment ; there was no conciliation from them, there was no apology. What a contrast did this present to the conduct of the Governor of Barbadoes. He did not content himself with proclaiming the Bill, far from it ; Lord Glenelg sent out a conciliatory despatch, which was communicated by the Governor to the House of Assembly, accompanied by a speech fraught with con ciliation by the Governor himself. This took place long before the law was proclaimed in Jamaica, and it was therefore known there what had taken place in Barba does, and of course the people of Jamaica had a right to expect that they would be treated with the same courtesy as their neighbours, but no notice was taken of them ; the law was proclaimed, and the House of As sembly were left to find out what the law was. He would ask their Lordships with confidence, therefore, whether or not the circumstances to which he had ad verted went strongly in mitigation of the conduct that had taken place ? So much for that part of the case. But it was said that the House of Assembly would not pass measures that were necessary and important for the island. He had heard that charge made repeatedly, and the Noble Marquis insinuated such a charge last night. Had any message on the subject been sent down ? Sir Lionel Smith, indeed, had said that they should pass a law on the subject of vagrancy, but before they forced the present law upon them they should give the House of Assembly an opportunity of trying whether they would pass such laws.—(Hear, hear.) Until_they did that, they had no right to violate the first principles of the constitution, and they them selves were, in the present case, the wrong doers.— (Hear.) Did not the House of Assembly abolish the apprenticeship system two years before the legal period? Did they not do that by their own voluntary act ? He did not mean to say that it was not a choice of difficul ties, but they did that act for which they were entitled to, and for which they rec eived th e distinct and em phaticapplauded their conduct. It was sai d that these mea sures were necessary after havin g p u t an end to the ap prenticeship system. thanks of the Government—which a pp rove d an d What right, however, had they to say, that the H ouse of Assembl y would not pass they uwere applying every sort of Assembly ? He would tabusiv e heir m measures, when to be t n he take leave to call thei r attention to the repeated in stances in which Sir Lio nel Smith an d Lord Sligo had in the strongest and m ost em p hatic terms approved of their conduct. He wo uld merel y tro uble their Lord - Alps with one extract from an addr ess o f Si r Li one l w Smith, after he had had twelve months' experience of the conduct and temper of the House of Assembly. (The Noble and Learned Lord then read the extract in which Sir L. Smith acknowledged the attention they had bestowed upon all his communications and sugges tions, and bore testimony to the good understanding that had existed during a session unusually protracted. He could furnish their Lordships with several full passageslall to the same effect, but he thought it unnecessary. Such being the case he asked where was the pretence for passing the present Bill. He (LordL.) was not at present objecting to the whole Bill, but merely io the first clause. What were the powers they were going to give to the Governor and Council ? They were about to create a new Constitution for Jamaica—they were about to place arbitrary power in the hands of the Governor and Council —they were going to transfer the power Srom the three branches of the Legislature to two branches of the Legislature—they were about to give the power to the Governor and Council to impose laws upon: Jamaica, if the House of Assembly did not pass laws: in accord ance with the opinion of the Governor and Council. Let the House ofAssembly pass such lawsas they really thought necessary for the welfa re of Jamaica — let them be ac tin g bona fide according to the local knowledge they possessed, still, unless those laws met with the concurrence of the Governor and Council, the latter would have the power to impotefFhatlavv,s they pleased upon the people of Jamaica. attending a little to the course of thinga in that House and the Colonial-office, it. was not too much for him to assume that the Governor, acting under the direction of the authorities at home, would assent to no law that materially differed from those Orders in Coun ell. lie must shut his eyes, and ears, and under standing to what he had heard, if he doubted that those would be the instructions he would receive. By this clause they were enabling two branches of the Legislature to pass laws for the government of Jamaica, and would therefore be violating the first principles of the Constitution. But was that all ? When these laws were once passed by the dictation of the Governor in Council, they could not be altered by the House of Assembly. He knew it was supposed that every thing was in the power of the Assembly, and that they might vary, alter, or modify those laws, but it was only =in the power of the two branches of the Legislature to do that. There was a most extraordinary, most arbitrary, and most unconstitutional power given by this Bill—a power which, under no cir cumstances, would he (Lord L.) feel disposed to grant. He would not enter into the consideration of the laws themselves. He had not local knowledge enough for the purpose, nor was it necessary for the ob ject he had in view that he should do so ; but there was one thing with regard to the Law of Contracts which struck him to be deserving of attention. He found by the laws regulating contracts between master and servant, that no contract was valid which was not in writing, subscribed by the parties, and entered into in the island of Jamaica ; neither could a contract of that description be enforced for a period of more than twelve months from the time it was entered into. It was necessary to enter into contracts of that description with artificers going out to Jamaica ; but he passed over that point because it was not, necessary to the view he took of the question. There was another clause co the Bill to which he would advert for a single moment—he meant the second clause, and he put it to Noble Lords opposite of their own free will to abandon the first portion of that clause. The Bills mentioned in that portion were money Bills, and he was told by many persons acquainted with the island that they were not necessary. The passing of these Bills by the Imperial Parliament was a direct infringement of the Declara tory Act. They violated that law directly and distinctly by legislating for the renewal of these Bills. But more than that, they were doing the greatest injustice ; but more than that, they were violating the law gratuitously, because the House of Assembly, in their resolution, had stated that they would not exercise any legislative functions except those that were necessary for preserv ing faith with the public creditor. Why then should the Imperial Parliament violate that principle, when the House of Assembly had pledged itself to renew these veryßills ? Before it was asserted that they would not, they ought to give the House of Assembly an opportu nity of renewing them. From the 20th of December till the present day they had been kept in a state of prorogation, and no opportunity had been afforded them of redeeming their pledge. He merely threw out the point for the consideration of the Noble Lords opposite. The Government could not with any decency retain these Bills in the clause, and they ought by their own voluntary act to abandon them. He (Lord Lyndhurst) was not going to make any proposition of the kind—he was merely moving the omission of the first clause. He recommended to their Lord ships a course of conciliation. He disapproved of the resolution of the House of Assembly—he wished to give them an opportunity of rescinding that resolu tion by retracing their steps. They had begun the system of conciliation by removing Sir Lionel Smith, who was a warm partizan, and if the new Governor proceeded in a proper spirit, there was little doubt that the unfortunate dispute between the parent state and tha colony would be put an end to. if they acted in the way he had suggested their position would be changed. The Government at home was now in the wrong ; but if they gave the House of Assembly an opportunity of passing these Bills, and that they refused, then the Le gislature of Jamaica would he in the wrong, and they would have all parties in the empire wishing to put them down.—(Hear, hear.) It was said that the Bills were urgent, and that it was material they should be immediately passed. He denied that. They could not be sent out to the island of Jamaica and carried into operation before the month of November. If the House of Assembly held out, and did not avail itself of their offer long before Parliament met again, they would have received information of the fact, and before the expira tion of the month of March, by the unanimous assent of both Houses of Parliament, these laws would have been passed and imposed upon the colony.—(Hear, hear, hear.) There would not be a single dissen tient voice.—(Cheers.) And what, he asked, would be the loss of time ? Four months.—( Hear, hear.) Was that a consideration in such circumstances ? Let them take the vagrancy law, which was one of those contained in the clause. Would any inconvenience result from the delay as regarded that Bill ? He said—None. There was no vagrancy in the island at present, although it might spring up from the negroes refusing to work. An immediate law therefore was not necessary. He was not without authority for what he was stating. Lord Glenelg had addressed inquiries to the various dis tricts and parishes of Jamaica, for a return of the number of prosecutions for vagrancy, from the aboli tion of the apprenticeship system to the end of last year. The returns in all cases were Nil. There was not a single case of prosecution for vagrancy.—(Hear, bear.) The next law was that relating to the illegal occupation of land, and it came within the application of the same principle. If the negroes refused to work they became squatters, and it would be necessary to remedy the evil. It would probably grow up by degrees, but none existed in the island at present. Then with respect to the third law—the law of contracts, they merely related to a change in the present system, and he would repeat that by postponing the Bill till next Session—by adopting a system of conciliation they would be acting wisely and judiciously, and instead of being, as at present, in the wrong, they would place the colony in that position. It was upon these grounds and these principles that he pro posed the omission of the first clause in tote. They had had no right to force that law upon the Assembly of Jamaica. His object was to give the Assembly time to rescind its resolution, and enable them to direct their attention to legislation for the benefit of the colony. He was sure, that if they wished to pursue a wise—if they wished to pursue a temperate and a conciliatory course, it would be that of forbearance on the part of the powerful towards the comparatively weak. By doing that they would best discharge their duty to the colony and the country ; and it appeared to him to be the most dignified conduct, and the wisest conduct the Imperial Parliament could, after all, adopt. The Noble and Learned Lord concluded by moving the omission of the first clause, and resumed his scat amidst loud cheers. Lord GLENELG, in the few observations he should make to their Lordships, would confine himself to the subject of the Prisons Bill. The Noble and Learned Lord had stated that he ( Lord Glenelg) had said the Prisons Bill was part of the abolition law. What he had stated was, that it was identical with the Abolition Amendment Bill. Perhaps he had misunderstood the No ble and Learned Lord, but his statement would seem to be that he (Lord Glenelg) had said the Prison Bill had connexion with the original Abolition Act. His argument had been that in considering the Prisons Bill the House had in fact discussed the provisions of the Abolition Amendment Act, because they were identical in principle. The Noble and Learned Lord had said that in the Jamaica Bill of 1834 was contained essen tially the provisions of the Prisons Act. He (Lord Glenelg) had expressly admitted it to be a Bill in many regards entitled to approbation. He had stated that the great evil of the Prisons Act of 1834 was not that it failed in enactments—its principle and provisions were all right and perfectly accurate as regarded classifica tion, cleanliness, information, separation, ventilation, religious instruction—all these were as distinctly and as strongly placed as in any Act of the Imperial Parlia ment ; but he had stated, and he repeated it, with all submission to the Noble and Learned Lord, that with dl that machinery of principle and provision, that Act was a dead and powerless letter, and why ?—because it had no principle of execution, no adequate executory principle.—( Hear, hear.) The Noble and Learned Lord told them that the Act had precisely the same power as the present Bill—that it enabled the Governor to appoint inspectors. He (Lord Glenelg) would state that the Act of 1834, from the first to the last, con tained no recognition of the powers of the Governor.— ( Hear, hear.) The whole execution was committed to the local authorities, the mayor, the justices, and the magistrates. Lord LYNDHURST—The stipendiary mag►s trates are now local magistrates, and entitled to act as inspectors. Lord GLENELG—The Noble and Learned Lord enumerated three particulars in which the Prisons Act exactly corresponded with the Act of 1834—that it allowed the Governor to make provisions for the regu lations of prisons. Now he (Lord Glenelg) bad stated that the rules of the Prisons Act of 1834 were not bad, but that there were no means of carrying them into execution. In proof of that he would refer their Lord ships to an extract from one of his despatches, in which he stated that the Bill was unexceptionable in all its details, but its operation was paralyzed, because it had no executory principle—that so long as its executive was entrusted to the parochial authorities it would be inoperative. That was fully borne out by the de spatches of Lord Sligo and Sir Lionel Smith, who stated that its provisions were almost unknown in the workhouses and prisons of the colony ; and Captain Pringle in his Report, which was made at a subsequent period, states precisely the same facts.—(Hear, hear.) The Noble and Learned Lord had omitted to allude to two important points in the Prisons Act, which were not touched at all in the Bill of 1834. The one was the power conferred on the Governor of dis missing officers of the prisons and workhouses for mis conduct. The other was the right of the Governor to intimate that any prison was not in a fit state for the reception of prisoners, and from that moment it should cease to be occupied as such. It was not unusual to find the prisons in such an insecure state, IMPERIAL PARLIAMENT. HOUSE OF COMMONS,JuLr 2. The SPEAKER took the Chair at the usual hour. Mr. LOCKHART moved that the Report of the Committee on the Newport Docks be recelVed. On the motion of the same HON, MEMBER, the Lords' amendments to the Monkland and Kirkintilloch Rail way were agreed to. Mr. FINCH prennted a petition from Walsall in favour of the Government plan of education. Petitions were presented by Col. Gore Langton trom places in Wilts and Somerset ; by Mr. Thornley, from Wolverhampton ; and by Mr. Brotherton, from a place in Cheshire, in favour of a uniform rate of penny postage. Mr. G. PALAIER presented a petition from Hert ford, against the Government plan of education. Mr. VILLIERS presented a petition from Stock port, praying for a reduction of the duty on foreign timber. On the motion of Lord S A NDO N, the Lords' amend. ments to the Liverpool Churches Bill were agreed to. Lord SANDON presented a petition from the merchants in Liverpool trading with Brazil, praying for an equalization of the duties on coffee and sugar ; also one in favour of the Church Establishment in the Co lonies. Mr. AGLIONBY brought up the Report of the Committee on the Dublin and Drogheda Railway Bill, the Report stated that the Standing Orders had not been compled with. Mr. M. PHILLIPS presented a petition from the Chamber of Commerce of Manchester., praying for an equalization of the duties on sugar end coffee, the pro duce of Brazil ; they stated tki, that country was our best customer, and as the treaty would soon expire, it was time for the Parliam (n so good a customer, it to take steps to secure wt could only be done by lower ing the duty upor_ Captain P l aer only produce, sugar and coffee. .L;CHELL presented a petition from the fisher n ".",n and owners of fishing vessels of Torbay, P:aying the House to grant the Commissioners of Tor bay Harbour such aid as would enable them to carry on the work. The SPEAKER intimated to the Gallant Captain that as the petition prayed for money it could not be received without the consent of the Crown. Captain PEC HELL then withdrew the petition. Mr. ESTCOURT presented a petition from Devizes in favour of a penny postage. Mr. O'CONNELL presented a petition from the Chamber of Commerce, in Dublin, in favour of a penny postage ; also a petition from Samuel Dixon, of Lime rick, on the subject of a loan advanced by the Govern ment when the cholera was raging in that city, which was ordered to be printed. The HON. and LEARNED MEMBER then gave notice that, on going into Committee of S u pply on F r id a y next, he sould bring on the motion which was with drawn last Thursday, for a Committee to ascertain the nearest communication between Dublin and London. An HoN. MEMBER then moved that the House be counted, and there being only thirty-eight Members present, the House adjourned at a Quarter before Five. HOUSE OF LORDS, JULY 2. Several Bills were brought up from the Commons, among which were the Birmingham and Manchester Railway Extension Bill, by Mr. M. Phillips ; the Monkland and Kirkintilloch Railway Bill, by Mr. Lockhart ; the Custody of Infants Bill, and the Bank rupt's (Ireland) Bill. The latter Bill was read a first time. The Earl of CAMPERDOWN presented petitions from the counties of Somerset and Wilts, in favour of a penny postage. - - - The Earl of YARBOROUGH presented a petition from the Isle of Wight, in favour of a penny post. The Marquis of BUTE presented a petition from Dunfermline, in favour of Church extension in Scotland. JAMAICA GOVERNMENT BILL. The House then resolved itself into a Committee of the whole House on this Bill, the Earl of Shaftesbury in the Chair. On the first clause being proposed— Lord LYNDHURST said it was his intention to move that the first clause of the Bill be expunged. In stating that to their Lordships, it was necessary that he should state the grounds on which he proposed the amendment ; and, although not at any great length, to enter into a few of the details of that most important subject. He thought it appeared from the Bill which was brought into the other House of Parliament, and after wards abandoned—from the speech of the Noble Marquis on the last evening —from the spirit and tenor of that speech, and also from the speech of the Noble Viscount, that there was a disposition on the part of her Majesty's Government, if possible to abolish the Hod* of As sembly of Jamaica----to substitute a new form of go vernment for that which had existed for upwards of two hundred years. A similar attempt was made in the arbitrary reigns of Charles the Second, and was then defeated. That attempt was new repeated by the Liberal Government of the present day, It had up to that time been defeated, and he could assure their Lord ships that if the Bill in its present form was adopted by their Lordships, that object would be ac complished by a side wind which Ministers had not been able to do by a direct atthelt upon the privileges of the Assembly of Jalilniz.m. He did not for a moment deny the power u;liich the Imperial Parliament po s s esse d of enactin g laws for the Government of the Island of , amaica, He did not deny that they still had the right, in .ass of emergency and extreme difficulty, to pass such laws, but what he denied was, that they had any right to pass laws for the internal regutAtion of that or any other colony except in the cases he had mentioned—cases of necessity or extreme emergency. That was the doc trine which had been held by all statesmen who had given their opinions upon the subject, and for this rea son, that the colonies were not represented in the Im perial Parliament. They had therefore no right to pass laws for the internal regulation of these colonies. The As sembly of Jamaica appeared to have been unjustly treated in every part of the transaction. If they looked at the preamble they would see the reasons stated why they were called upon to enact the present measure. These reasons were not correctly nor fairly stated. , ---(Hear, hear.) It was stated in the preamble that the House of Assembly had refused to exercise its legislative func tions, except for the purpose of passing Bills of supply. That was a proposition without qualification—unlimited in point of time—it had no conditions. That was not the effect of the resolution of the House of Assembly. It was a resolution of a very different character. They stated that they would not exorcise their legislative func tions, except for the purpose of supply, until they were left to the free exercise of their rights as British subjects. It was quite clear, therefore, that they had a subject of complaint, and that they asked—they called for a redress of them, and had that redress been given to them they would have resumed their Legislative functions.— (Hear, hear.) He did not stand there to justify the resolutions of the House of Assembly—they were very reprehensible, but it was to be borne in mind that the same course had been taken by the prede cessors of the Assembly, and that it had been effectual in procuring a redress of their grievances. He must complain of the use which the Noble Marquis opposite (Normanby) had made of the Resolutions. No person condemned them more than he did ; no man was more aware of the insulting language used in the document— but it was not fair in the Noble Marquis to refer to that document for the purpose of exciting their Lord ships' minds against the people of Jamaica. In the first place he must be allowed to remind them that the Resolutions were adopted at the close of the ses sion—at a time when nearly all the Members of the Assembly had gone to their homes—at a time when only 12 Members were in town, and as he was in formed they were disapproved of, and condemned by the great majority of the House. That fact was made known at the Colonial-office, and it was scarcely possible that it could have escaped the knowledge ofthe Noble Marquis— it was adopted long before the Prisons Bill was passed, and therefore, long before it could be known in Jamaica yet that was made the fbundation for the present Bill. That Bill was made in some respect to depend upon the abolition of slavery ; there was no connection be tween them at all ; it was merely intended to raise an invidious prejudice against the people of Jamaica ; it had no soneectiort at all With the Bill ; it was a mere transcript of the Prisons Bill of this country. Under the first provision of the Prison Bill, by which the Governor in Council had power to adopt regula tions for the management of *oalli; it *ea temafkable that the Peverner In doilticil had adopted precisely those rules and regulations which formed part of the Colonial Bill of 1834. Again, with respect to the power of appointing inspectors. The Cs'overitdr had the paCvef of dppointing inspectors under the former Bill. If the Governor had thought proper tO exercise that power, it was vested in him by the Bill of 834 - zstliathe distittedy asserted. Who were the inspectors who had been appals ed 7 Thtivtere the stipendiary magistrates. Those stipendiary magfas trates were local magistrates, and therefore they came distinctly within the ,proVisiens of the Bill of 1834. Again, under the bill of 1834 the UoVerecr had the same power that he had under the English Bill, to visit the gaols, or to order any other person to do so when he thought proper: All the powers given under the English Bill were substantially In the possession of the Governor In Council under the Bill of 1834 if the Governor thought proper to exercise them. Then their Lordships were charged with having been the actors in the passing of the Prisons Bill. He (Lord Lyndhurst) admitted that charge to be well founded. He Ivo* la the House when the Bill was in troduced, but took no part in the discussion, and did not oppose it because he was not apprised of the circumstances out of which it originated. He was not then acquainted with the facts that were now nu their Lordship's table—he was then in possession of those facts that he had since de rived from other sources. Had he been acquainted with them, he would have given that measure his warm, zealous, and determined opposition. They were told that there was an indisposition on the part of the Assembly to legislate on the subject of prisons, and the Nolo Marquis had expressed great astonish ment that the Learned Counsel who had been heaid Et their Bar 'should have controverted that propo- that the keeper was obliged to put the prisoners in chains attached to each other ; and. in fact, to the imprison ment they added every species of torture of that sort they thought proper. These unfortunate persons were thrust into these hot-houses, or prisons, or cells, to which they might be sent by almost any person that chose to do so. To whom, then, were these persons entrusted ? Were they men of respectable character ? The head gaoler and the supervisor might, but the per son who had the management and controul of these prisons was the boatswain, himself a convict, and too frequently a man of infamous character ; and they had it stated in Captain Pringle's Report, that the gaoler, his wife, and the supervisor were frequently absent for four or five days, leaving the whole charge of the prison to this inferior officer. It was well known that during" the day there was no classification—no separation of tin sexes ; and the party who confined the females at night in their cells, was the boatswain. And yet that was the species f religious instruction to which the Noble and Learned Lord referred.—( Hear, hear.) It was unnecessary to go over these painful enormities, but it was enough to say, that the Act was not one which would satisfy any person who wished to see the condi tion of the negro population ameliorated and improved. Lord Sligo, in one of his despatches in 1836 stated that he had applied to the Assembly, but that there was no chance of their attending to his applications. He had sent them forty cases of females on whom the grossest cruelty had been perpetrated, and had mentioned in stances in which men confined in their gaols had been deprived of the necessaries of life, of persons for whom medicines had been ordered, but which were never given, and death had been the result. Whyookeas this ? Be cause the boatswain was present but the supervisor was absent. Yet, notwithstanding such atrocity, in all these cases verdicts were returned of " Died by the visitation of God."—( Hear, bear.) Were these things to go on without some remedy being suggested ?—( Hear, hear.) Numerous instances of frightful and terrific outrages crowded upon his memory while he was addressing their Lordships, but it was unnecessary for him to detain their Lordships by repeating them.—( Hear, hear, hear.) The Noble and Learned Lord had stated that the Government should have appointed local magistrates and that they would have visited the prisons. Indeed ! The Noble and Learned Lord might have seen that those special magistrates with every power given to them by the Governor, had repeatedly endeavoured to penetrate into those recesses of cruelty, but were repelled, and, as it was said, by the Law.— ( Hear, hear.) The result was ti,at by the Act of 1837, the Governor had not the slightest power of in spection. When asked by Sir Lionel Smith in No vember to remedy these grievances, the House of As sembly referred the matter to a Committee, but adopted no measure. The House separated in December and met again in February, but not one word was said about a Prisons Bill. The Noble Lord concluded by saying, he considered he would have been guilty of a gross dereliction of duty if he had refrained any longer from requesting their Lordships to redress these grievances.—(Cheers.) The Marquis of NORM ANBY did not feel it necessary, after the statement he had made last night, to enter into a discussion of the topics touched on by the Noble and Learned Lord. He had never concealed his opinion that the best remedy for the abso lute abrogation on the part of the Assembly of Jamaica at such a crisis, and before the great experiment of negro emancipation should have been carried to a suc cessful issue. was the measure originally proposed to the other House of Parliament; but he had never as sumed that the suspension of the constitutional privi leges even of such an Assembly—which, however, he could not agree with the Noble and Learned Lord was a popular Assembly —was a light matter. The Noble and Learned Lord had said the Jaimaica Assembly had the subject of prisons under consideration in a Commit tee. Why, that was the very thing of which he com plained, that the Assembly did nothing but refer the subject to Committees--(Hear, hear)—and if the House of Assembly were well informed on this matter, then were they well informed of those horrible outrages to which his Noble Friend (Lord Glenelg) had just alluded.--( Hear, hear.) Whether the flogging of fe males was a proper or improper practice, was not a question that could take so long a time to consider and determine upon. But then it was said, if it was so requisite to make laws for the new state of society in Jamaica, why not leave it to the agitators to do so ? In the first place, lie would answer, that the Assembly would not pass such laws because they had said so. They had said they would not, unless their Lordships did, what he trusted they never would do, acknow ledged they had been wrong in that course of legisla ture which his Noble and Learned Friend had proved was so absolutely necessary.—(Hear, hear.) The Learned Counsel (Mr. Burge) had stated that the House of Assembly would never pass laws regulating contracts which should interfere with the formation or regulation of contracts by the stipendiary magistrates. He (the Marquis of Normanby) felt th a t h e was speak ing the opinion of all the generous people of England, when he said, " that the time had not yet come for abandoning the negro exclusively to the care of those whose interests were directly contrary to his.—( Hear.) All the reports recently received from the special ma gistrates showed that the want of a contract law was the cause of all the agitation in the labour market in Ja maica. The negroes would not appeal to any tribunal in which they had no confidence, and the counsel at their Lordships' bar, the agent for the Assembly at Ja maica, distinctly stated that the Assembly would never pass any law leaving the power in the hands of the special magistrates. Some such impartial authority was absolutely necessary in the present state of the colony. He sincerely trusted that such feelings would not continue—that the two races would become more amalgamated in feeling, but at present he, for one, could not consent that the negroes should he left to the mercy of a hostile tribunal. The Noble and Learned Lord had contended that artificers were going from this country, and that under the Bill no contract was valid that was not made in the Island of Jamaica. That was a question which would be fairly discussed in the Committee. He did not think that was the proper time to enter into the arguments in de fence of the second clause. He supposed some distinct proposition upon it would be made. He would merely take that opportunity of denying that the present fund was sufficient for the public service. Then with respect to vagrancy and squatting on waste lands there was no doubt that if the Government were not armed with power, unless some remedy were applied, ejectments would continue, vagrancy become more general, and that would necessarily lead to squatting. The Noble and Learned Lord, in speaking of Sir L. Smith, had said he was a violent partizan. . . Lord LYNDHURST—No ; not a violent partizan. I did not mention the word violent. I said he was not a partizan of the Assembly. The Marquis of NORMANBY was very glad to hear the explanation. He had known Sir Lionel Smith for a long time, and knew him only as a public officer, who had discharged his duty zealously and faithfully. It was true he was not to remain in the administration of affairs in Jamaica, but he (Lord Normanby) had made him an offer, and he sincerely trusted his services would not be lost to the country. 'The Earl of HAREWOOD read an extract from the despatches of Sir L. Smith, but the Noble Earl was wholly inaudible in the Gallery. Lord BROUGHAM—Had any Noble Lord en tered the House after the clear and eloquent speech of his Noble and Learned Friend (Lord Lyndhurst) they would have thought they had heard a very clever, clear, lucid, and eloquent speech from his Noble Friend behind him (Lord Glenelg) relating to what took place in 1834 and in 1838, but they would not have heard one syllable respecting the Bill of 1839. It was not unnatural in his Noble Friend, as he had been the party who reprimanded the Assembly in 1834. Then came the Noble Marquis, who had nothing at all to do with the affair in 1834, and who was very remotely connected with that of 1838, he finding that the Bill of 1839 had been left wholly unsupported by his Noble Friend, that the clause which had been attacked, and successfully, by his Noble and Learned Friend, was left unsupported, and the Bill being his own, he very natu rally came to the rescue. He trusted that no one would think that he was fastidious or at all hypocritical when he stated, that in his opinion the case remained exactly where it did before the speech of the Noble Marquis. The Noble Marquis had offered no tangible reason or argument in favour of the clause ; he was obliged, there fore, to go back to the speech of the Noble Marquis of last night upon the second reading of the Bill. They were now then to come to the consideration of the clause which had been so successfully and so ably at tacked by his Noble and Learned Friend, and which had not been attempted to be defended by any of his Noble Friends. He would or could only consent to extraordinary remedies —he must limit his consent to a measure of so odious, SO ex treme, and so unconstitutional a char acter — limit his tolerance of such a measure to a case o abso lute necessity. For his opinions in that House be was bound to answer to no one. Wh e n a measure cam e ves of the people— ons thereby f ettere d , from the other House of Parliament — a measure passed bthyouaghmajboeritdyidofnotthefereelphreigseonptaini ti still he was bound to a pproach the subject with deference and respect, with more than tolerance, and it was with reluctance h e would ask their Lordships to dissent from a measure so passed. In 1833 and 1834, when Bills came up to that House with large majorities, when in 1835 they came up with smaller majorities— (Hear, hear) --or whether they came up now, if under the present dispensation they should ever get any more meas ures--(La.ughter)—if measures came up from the other House with a clear, a decided majority, a clearly ex pressed opinion upon the part of a great majority of the representatives of the people, and not passed with a chance medley--(Laughter)—hap-hazard majority,then he would with much reluctance take the liberty of ad vising their Lordships to dissent from it. The Bill before them had not been passed by such a majority— by no such substantial majority—it was passed by what used to be considered no majority at all—(Cheers) —it was not a distinctly annunciated opinion ; it was one VENING EDITION. muttered as it were between the teeth—(La tighter)— i. and as they had not ears to hear the grass grow t hey were unable to hear it ; they were to take it that the House of Commons had given no opinion upon the point. If any thing he had stated was laughable it was not his fault. He had stated facts, and facts only ; and iet his opinion it was a subject more liable to cause melancholy thoughts than those of risibility. As the Bill had be en carried in the other House by such miserable majorities', thatßutHouse hn . ei t (h h L a a o d l l r dr e n B x s p p . I their Lord s hip s were en titl e d t o say th a t th a t )e r e e s it., as might tt b n n e o c. wHopinionafe approach this o t t hmi all o questionnus p , h o n e f o i al t st . n freely,ad made t o a t s b e u i n r fettered, a Lordships as if for t h the i sproposition firstti me w by tb e e r were new Minis- .1 .ter, upon no o th er au th or ity th an th a t o f hi s own p erson , Instead of having the measure sanctioned by a majority of the other branch of the Legislature. His Noble Fries had adverted to the Emancipation Act of 1834, and the Pei!ons' Act of 1838, as bearing upon the present,question, which indeed they did, though some what remotely. It was 'aid that the conduct of the House of Assembly in 1834, in refusing to per form their functions, and in 1838, on the occasion of the Prisons Act, their abdicat.'ng their functions, was a sufficient pretext for now inter i scssing to suspend the Constitution of Jamaica. He (Lor s i B.) would admit everything that could be said against the Prisons Act of 1834 of Jamaica, and everything that could be said for the Prisons Act of 1838 of this country. H to e that be lieved that be stated his opinion across the table last year, in presenting a petition on the questi en. His ob jection then was not to the Act generally, but section of it which compelled the House of' Assembly of Jamaica to raise money for certain purposes, and upon that occasion he referred to the Act of . 1778. Supposing that the necessity and expediency stated by the Noble Lord existed to the full degree of the alleged prevalence, still he (Lord Brougham) must now say that the proposition they had heard would not at all justify this House in suspending the Jamaica Constitution. In order to justify the course proposed to their Lordships it was resolved that they should first prove that they were in the right and the House of Lords in the wrong, and on this proposi tion, in reference to the question out of which this mea sure arose, being established, they need not insist upon abolishing those legislative functions which the island of Jamaica had so long enjoyed. They would only be justified in going as far as they had gone on the occasion of the Prisons Bill of 1838—namely, to do here what the House of Assembly would not do there—( Hear, hear) —if they would net perform their duty, to execute it for them, and to appeal to the wisdom of the British Parliament from the folly and violence of the Jamaica Assembly. So a greater non sequitur could not follow than to argue that bcause of the badness of the Jamaica Prisons Act of 1834. and because of the goodness of the English Imperial Prisons Act of 1838. that therefore we ought to abolish the functions of the Legislative As sembly of Jamaica, and deliver their power into the hands . of a Governor and Council sent out by the Ministry of this country. It had been said that the House of As sembly had already, de facto, abdicated its functions, be• cause it had refused to pass any law except one required , to keep faith with the public creditor. Here he (Lord H.) would say that he was not inclined to deal in gene ral propositions, because they were unstatesman like, and indiscreet ; they were traps and snares info which the credulous and inexperienced were too likely to fall, So he would not say that no refusal of the Assembly of Jamaica or of any other local Asssembly to legislate should jus tify- their Lordships in providing a substitute for them, to do the duty which they were bound to perform, but had abandoned. He (Lord B.) would not support such a general proposition. A case of inefficiency of mis conduct of unfaisance, of misfaisance, in their collective capacity would justify such a proposition. But then and in the present case Imperial Parliament should feel itself bound not to proceed upon so extreme, so unjust, so despotic a course, until the fact that the Jamaica Assembly had abandoned its duty, and had refused to perform it, had been so clearly established, that no man of rational understanding could have the power to deny it. He must again refer to the narrow majority by which this Bill had been passed in the other House of Parliament. If this were a case in which 600 rational men had not only no doubt, but such a doubt, that the peculiarity of it was to find out whether it inclined towards the nega tive or affirmative proposition—if the necessity were so very doubtful—if the poize between the scales was so even that you could not say upon which side was neces sity and upon which needlessness, the scale of needless ness was so nearly on a level with the scale of neces sity—if they found that of the 600 rational men not more than a majority of ten, a sixtieth part of the whole was in favour of the measure—how, then, could their Lordships consider ? That such a clear case was now made out as should justify them in resorting to the extreme case of violently and despotically suspending the Constitution of Jamaica ?—God forbid —(Hear, hear.) Remember that those 600 men were trustees for the people of England, that they were repre sentatives, that those men, it might be said, practi cally showed that there was no necessity for proceeding in the present course. Remember that those were the very men who on a former occasion had shown themselves inclined to listen most readily and to act most harmo niously, when it was proposed to:suspend the Constitu tion of another colony, on the ground that its Legisla ture did not do its duty. If they found 300 of these men readily listening and showing no zeal whatever on behalf of colonial Constitutions and colonial rights, when application was made by the Government for consent to suspond the Constitution of Canada, could it new be denied that the same House were now practically of opinion that the House of Assembly of Jamaica, had not mis-conduted itself to such an extent as to deserve that its functions should he suspended.—(Hear, hear.) Whatever might be his (Lord B's.) own opinion, taking the late majority as a test, it appeared to be the strongest conceivable argument against the exis tence of the alleged extreme necessity. He (Lord B.) could see nothing in the conduct of the House of As sembly of Jamaica, which deserved respect, and he knew that in former times, their conduct was any thing but such as to entitle them to respect. —(Hear:) He would not say that he approved of all of their conduct, even on the present occasion. He would not mention that it had acted with wisdom or discretion—far from it—but there was a great difference between such an admission and saying that they had so entirely abdicated their func tions—that they were so inflexibly resolved on a sui cidal act, as to make it unavoidable that their Lordships should interfere—should take them at their word— should deprive them of their legislative power, and give it to be administered by an officer of the Crown. This would be indeed quite a different proposition. We should remember of what a nature the House of As sembly was composed. From the nature of that com position it was impossible for its membees to hold those enlarged, enlightened, calm, temperate views which guided our Assembly, different in its origin, mad different in its Constitntion. That man would he indes'd a most romantic thinker, a most speculative politician—he would be a most unreasonable judge of human conduct, who, considering the extreme difference between the circumstances of a Colonial Assembly and an Assem My of the Imperial .structure of the mother country, we.'e to expect from the former any thing like the consistency, the temperance, and the enlarged wisdom which he would have a right to expect at home. And yet, even at home, we were not without some examples of incon sistency amongst those Legislators from whom more err larged views were to be expected.— (Laughter.) But in the case of a Colonial Legislature you must expeo,t many inconsistencies—you must overlook temporary ebullitions of local and provincial violence—(Hear, , hear, hear) —you must make al lowance for the 1 parish vestry views, for the insular politics which actuate'. them, when you come to consider the difference be— tween the deliberation and the results of the proceed ings of an Assembly composed of 600—of 658 Repre sentatives of the Commons of England, and those of as Assembly of 28 to 30 planters or agents of planters.— ( Hear, hear.) They should also remember the wise lesson which the Parliament of England had received from the matured, the experienced, enlarged, compre hensive, sagacious mind of the first Lord Chatham, who gave advice which, if it had been acted upon by Parlia ment, would have saved us from the evils of the Arne.. rican War, and the s eparation of the British Empire. Be to their faults a little blind, L bpb a yue u r . a g sl ohuota greateknrec. de) portionuT The teo ,f e:oni fi and ghbsA ß ee on c pbrde t e o tocl hilpteaablvpeteeai dgreat hlr u oei c ses s tskate v oitol e enl u r s y ltnnohlt k oe: i kyn n r:e d liadi , nns dued.pd_ittno(o o f those feelings he thought his Noble Friend should proceed as long as possible in a conciliatory course. From one act, one resolution, one modification, the result of one supposed slight, their Lordships now were asked to obliterate the House of Assembly.— (Hear, hear.) Had the House of Assembly refused to legislate altogether ? No such thing. Had it refused to pass a law which the public creditor required ? By no means. The refusal of the House of Assembly was was only temporary and provisionary. Were they to be visited with a general obstruction of their functions for this ?—(Hear, hear.) Had their Lordships a right to suppose that if the present Bill were withdrawn as the former was, when the majority for it was only five or half the present, that the Assembly would refuse to go back to its duties, after reflection, after feeling the kindness, the support, and the conciliation of this House? --(Hear, hear.) They would remember that bespoke in a similar manner last year , but with much less energy thath had a and effect than his Noble - Frie nd (Lord Lyndhurst) had spoken that night. An d he (Lord B.) could see why there should last ye ar have been such facility i othere i p n op ta u k la in ti g on aw o a f y stohoe,Coooonsftrietuetinnina:! Canada, which i not see whic was so much reluctance in taking away the Constitution from 30,000 white free m en of Jamaica. For the life of him he could not see this.—(Laughter and Hear, hear.) He could not see why his Noble and Learned Friend was so indifferent on the former occasion, and so enthusiastic on the present. Lord D HURST—I was absent on the former occasion. n. LYN Lord BROUGHAM regretted it. He remembered