The Sun. — London, England, 1850-06-12 00:00:00

imption of 10 gallons; I it wss in ;allon$; in in 1 549 That inflicted ,duction of while the used. Ia a _ single and the re Id in 164 9 .here were ;aliens flea ex: they ig Old the o ssesse extent lions since e of tho se he motion. .s. Mr. E• B. ion to the taken out c harge d delivered, a nd". ternen- t on s h o uld b° ,h o use 13°$ , ro no. x and lllls for over' IIER 31113 Gage. . eso lutiono f ten ° 2 n 0 dull r stre" th d ;Loeb' isu a took th' re ordere d Point at which the first portion of the line would ter minl-,te. Le reed not remind the House that for some time af. er the 8.11 was applied for to make a railway be twuen Liverpool and Manchester, little or nothing was S aid of the passenger traffic—it was scarcely mentioned, the whole reliance of the promoters being upon the goads traffic. He would not then venture to prophecy what would be the result in India, but he thought they would have some grounds for anticipating a similar result. He assured the Noble Lord that the East India Company were perfectly disposed to extend to Madras the same privileges as the other presidencies—it was a ques tion with them of time and not one of preference. With regard to the line from Madras to Arcot, it was necessary to consider it with reference to the general system of railways proposed for India, and it was doubted whether that line would amwer the require• °lents that Mr. Sims thought desirable, or whe ther it would not be more advisable to have a line more to the north-west to join the general system Which was to he carried out from Bombay. He would remind the House that the system on which the East I ndia Company had undertaken these railways was in it- Self novel. The Company gave the land free, and gua ranteed to the railway companies interest upon the capital at the rate of five per cent. for ninety-nine bears. And at any time during that period the railway e copany could call upon the Indian Government to pay for the railway at prime cost. A statement had found k it B way into some of the Indian papers that had arrived . 1 3' one of the last mails to the effect that some engineer ing difilcultiea had been discovered with regard to the c onstruction of railways in India, and that they had b een abandoned altogether. That statement, it was anhoet needless to say, was quite unfounded. He should conclude by assuring the Noble Lord and the House that the East India Company had already anticipated "tit having some time since dispatched letters to the Government of Madras, calling upon them to furnish forthwith all the information that was required, in order to extend the same facilities to that province as had been afforded to the other presidencies, and no time Would be lost in extending the same advantages and en- cOuraFeement to it as the others.—(llear, hear.) AGLIONBY was prepared to give his cordial B OPport to any proposition for carrying out the benefit of railway communication in India. He thought there °tight to be an ex officio director sitting at the boards of these railways, for the purpose of exercising some effi- C ient,.. control over their management. He thanked the Noble Lord who had so ably brought the subject before t he Rouse, because it afforded the opportunity of clear ing away many doubts and misconceptions that existed °Pon the subject. Sir E. COLEBROOKE thought the Indian public Would be obliged to the Noble Lord for having drawn !ittention to the subject, and was glad the Goverument ha d announced that this line was only the commence ment of a far more extensive project which they had in c ontemplation. AI L HUME thought that a railroad from Allahabad t ° Delhi, with branches to the military stations, would confer the greatest benefit upon India, and the saving , W hich it would effect in life, labour, military stores, , o 'ee would in a period of about five years defray the ex- Pe t uses of the construction of the railroad. He did not t °ink it very satisfactory to hear that only 70 miles of r ailway out of 400 were all that we were seeking to a m ake. There ought to be a railway from Madras to 4.l coabay. The result of such a work would be most ' i mportant, both in a political as well as a commercial Sir J. C. HOBIIOUSE said from his long and intimate °Pfledge of his HonoFriend the Member for Montrose, e paust say that it4as not easy to satisfy him on any V e at; but he (Sir J o llobhouse) agreed:with bins in; all said as to the importance of railways in India. He tea exceedingly glad that the Noble Lord had brought 4 e question forward ; for by his experience and his • kn own attachment to India—having filled an office in the la te ~ Government that was connected with that part of '"e world—he was most competent to speak upon the ;Picot. When the question came more fully before the ` ) , 110 , he hoped he would be able to show that the East I ndia Company had not slumbered at its post, nor for gotten what was its duty as regarded its own intereits 111 well a s r e gard e d the millions of people entrusted to its Care, The reasons why the Madras Railway Com• t a °Y did not receive that encouragement which the cvernment had hitherto afforded to the other two j 4i lway companies were these. It was certainly the e•ention of the East India Company and the India kloard to give the Madras Company rather a preference, if it were p oss ibl e , b u t that company d :'ant of itself b e for e we cou ld ass i s t it. But the tint of encouragement to these railways generally was at t V ributable to those disgraceful transactions which he sorry to say historically stigmatised this country. — ear, hear.) These disgraceful transactions, he re tretted to say, were not confin e d to those who might ) , t be supposed to have as nice a sense of honour as ot hers, but were s p rea d amongst th e educated and the hi gher classes of society.—(Hear, hear.) They were to be hadamongst that class tc which the people of England bee n l ong accustome d to l oo k u p, not only for the Tak inga of their laws, but also for the formation of their ; ~.a n ners —(Hear, hear.) Such proceedings as those to he had referred had brought discredit upon all ways, and the failure of the efforts of the East India : t alpany, which were honestly made to carry out these hen must be attributed to this cause. Had it not c for the state of the money market we should have 'ad the Madras Railway carried on with the same :Pirit as that in which the Bombay and Ben 'ol Railway had been proceeded with. He. ) 13 .wever, had no doubt that at this time next tae we shall be able to congratulate the House and W ! Country on the progress made in the Madras Rail- I:Y. In reference to the question whether it would be i`tter that these railways should be constructed by core hoalliest or upon the responsibilities of the Government, th w would remind the Ileuse that it was very fully dis e'ted when the Noble Lord held office in the Board of l ° ,„t t rnii in 1845. And it was then determined by the qs'ule Lord that they should not be carried on by the t,Pernment of India, nor by the Government at home, t by the companies themselves that undertook these t4elt works in India. He (Sir J. Hobhouse) thought 4t it would have been much wiser for the Government to fUndertake the constru c tion of them. The advantsges at would have accrued to them in the transport of e 1 ,„4 1 and stores, and in the traffic that would be th; 4 ted along the route, would have soon compensated tt o m for the 1,000,0001. or 2,000,0001. spent upon their t?lructi on .—(He a r, hear.) The question, however, D4', to be considered was, how they could pro iaPe' encourage the companies that had already rtaken these works. We have given them land i t , i 7e have granted them an interest upon their capi 44t,aod we have, moreover, taken care that, if the f 4t „ t enlen connected with them should desire at some li k re time to retire from the enterprise, they would t ild e nothing more to do than to return their capital 14, goods into our hands, and to say, " Will you take p tit t O from us?"—(H ea r, h ea r.) Th e Nobl e Lord ap- Li v t eti to think that we required a spur to induce us to te4nce in respect to those railways. We required no aPur Parce,puer, stimulis, et fortius utere loris." p4ould be most happy to produce all the papers ap altit for by the Noble Lord, and to bring to a conclusion ba t ° Nect which the Noble Lord had not more at heart , 4 1 1 1 be (Sir J. Hobhouse) had himself. Re h r : MANGLES concurred with the Hon. Member for hil.rose in what he had stated with respect to the rail lioin enue!. tie tci JOCELYN replied. He had brought forward lO Onastion because he considered it of vast importance • and the people of England. . h@ Motion was then agreed to. ) dr RAJA OF SATTARA. kti lt • G. THOMPSON moved for copies of any docu key furnished by the resident at Sattara to the Government,Bons lat showing the amount or value of the s fi c ttY belonging to the State of Setter s a t th e ti me la.a, f e decease of the late Raja, and the amount of reve -I'4 t una all sources in the State of Sattara since its ad i% st ration by the East India Company, and the charges ag e out of the said revenue; of all correspondence ifsen the widow and the adopted son of the ex-Raja I N ktl-harm, and the Governor-General's agent at Benares, b etween that officer and the Governor-General of 41 4 ' from the Ist day of December, 1849, to the present t r te stt ! and, of all correspondence whether in the j to f .lePartment or otherwise, between the Government N t ., 4l a and the Court of Directors of the East India '° 4 s r , 4 ;o i lYs on the subject of the provision to be made for nt Cu widow and adopted son (so far as the same have 'th e n presented to this House). —Agreed to. hcoother orders of the day were then agreed to, and use adjourned at Eleven o'clock. P th ROUSE OF LORD F S T , e Jx l e uek ll . . Lordships assembled at pas sed of Chancery (County ' Palatine of Lancaster) through Committee. Il k t qrd PETITIONS. th, 15 L ESB i n Er th ß e Y eve presented a petition from ntof any alteration in the l '' ' i ll y t t c l 4 o ft e 37 r in e g gu t la a tio ' ns, the petitioners might not be de l:4 one delivery at least on the Sundays. tt4t,:t4arl of LEICESTER presented petitions from ' 4 l; o ° u% and other places against Sunday labour in I: 't'effice. ``°l4'earl of ST. GERNIANS presented several peti t) 111 f ' l "Ur o f the Marriage Bill. ' 4 ONTEAGLE presented a p . etition from the lit a tB end merchants of Forfar against the arrange of the Aberdeen Railway. AUSTRALIAN COLONIES BILL.. Lordships then went into Committee on the E S t r " d '`,.an Colonies Bill. AI ONTEAGLE said that he was about to bring 11k 11°4 th eir Lordships the question whether in framing )1 41 * ,; ec batitution for the colonies they would adopt f , 'Nti 4llll Ple of a single chamber, or whether theywould pa t "' to the old constitutional principle of_ a double t4l ) e r. He thought be should be able to show their kk i ltir c 'Pe that the principle of a single chamber He ,1,1 1 contrary to the opinions of the colonists. a t',,Nll;) oa.bstain : from arguing upon the principle of !Ingle chamber.. He thought that would almost of e oll i at rit before a British Legislature, but he thought .; s hoe 'to their Lordshis that the principle iltri",' s ti gle chamber had been . condemned in all Ile could cite the example of the United ? t ik)l4 ''';_uere that principle had yielded to the idea of a i on,,%ualnber well in the constitution of the whole ii,,almlictt,aetes'aassin many separate states. They had Olb o i r2, example of t ill effects resulting from a 11, 4 . h e , ".'per—the results of that system in 1791, 14 , ight say, even in the present time . ; and hi 11 411 t "Red his Noble Friend opposite, with all tllitt,:illithatance with the subject to show one instance tp,°taiLilecessful experiment of a single chamber, but, ) ,-, a ,and, he cou ld s h ow man y i nstances of l The Noble Earl had been a great artificer in 4 °llB p , and no person had issued more pieces of hr 4 lt- it r eta in a give ha n time tan that Noble Earl had. WttiL^as the New Zealand constitution, which was dead letter by the Governor immediately it 444 the Livble Eul had so get rarijam3 suspend the laws until that constitution could be re pealed. Th-. next wvs the constitution for Australia, passed in 1547, which was rejected by the coloiiivs themselves, because it went to deprive them of a portion of their franchise. Nov both those constitutions con tained the principle of a double chamber, and he asked the Noble Earl on what grounds ho had altered the opinions he then held. The Noble Earl hal asked the uth ice of the governors of the various colonies in that part of the world, and they unanimously pronounced in favour of a double chamber, and stated that the colonists themselves were not opposed to that system. But the Noble Earl was like the hero of Pope's " Ja nuary and May," Firm and determined in his mind was he As men who ask advice are wont to be." And so, though advised to adopt the system of two chambet - s, his mind was made up to have but one. If they inquired into the state of advancement of the co lonists they would find that they were capable of con ducting their own affairs. He would show their Lord ships that in the whole history of the colonies, and in that of the United States, the principle of a second chamber was preferred to that of a single one ; and they had it on th e au th or ity o f t h e C omm i ttee of the Privy Council, that they would, had it rested with them to r, commend, have advised the institution of a second chamber. But that was not all, the Government were about also to give a constitution to the Cape of Good Hope, and the Noble Earl, now at the head of the Colo nial Department. (Earl Grey), proposed to give the people of that colony a double chamber. When their Lordships recollected the disturbances that took place at the Cape —when they reflected that the people of that colony had actually set themselves up in arms against the power cf the Government, it must seem to them as somewhat strange that the Government in that case yielded to violence—that which they refused to the more orderly and more intelligent people of Australia—a constitution with a second chamber. Was that consistent?—was it not strange ?—(Hear, hear.) The Noble Lord then re ferred their Lordships to the colony of Newfound land, referred to by Lord Stanley. as having got two chambers. True, as the Noble Lord had said, they had been amalgamated for a time, and resolved into one, because of some petty differences ; but those differences having been obviated, the two chambers of that little colony were again restored, and were now in existence. He apologised to their Lordships for tres passing thus at length on their Lordships' time; but there was one thing to which he felt bound to call their Lordships' attention—the prayer of the petitions of the people of Australia; and if there was any one thing for which more than another the colonists prayed, it was that their institutions should be assimilated to those of the mother country. He believed, in a colony which had no antecedents, and which had no history to fall back upon, the surest way to give, strength was by the estab lishment of the elective system; but the most conserva tive system would be by the adoption of a second cham ber. He asked the Noble Earl if he felt comfortable at his proceedings? and he would tell the Noble Earl and their Lordships, should they pass this Bill, that the co lonists would elect such a democratic chamber under it as would, perhaps, cause strong feelings of regret in this country. The Noble Lord concluded by moving, as an amendment, the adoption of a double chamber. Earl GREY said the Noble Lord had gone into the question of colonial constitutions at great length—mix ing up with it some very harmless banter and pointless jokes—but be had not touched the real question; for he bad not shown how it was possible to separate the Le gislature of New South Wales without flying in the face eat' the whole of the colonists, who in all their petitions deprecated the slightest change. The House of Lords existed in this country alone of all the countries of .she world; it grew out of the habits of the people, and it was as impossible to create it as it would be to create one of those magnificent oak trees which shot out their roots in all directions. Ho asked the House, therefore, to support him on the plain and simple principle of not dis turbing the existing institutions in the colonies. Lord ABINGER said the Bill was not an affirmation of the existing state of things in the coloni es , b ut t h e introdustion of an entire change in their institutions. The result of the Bill would be the creation of a single democratic chamber, and the production of great discord and dissatisfaction in the colonies. Of the two modes of governing the colonies, the Noble Earl had undoubtedly adopted the worst. Lord LYTTELTON said that the colonists bad peti tioned over and over again that the British Constitution might be extended to them. The question before the House, however, was not as to the best constitution, but as to the best legislative machinery applicable under the circumstances to the colony. There was not the slightest indication in any of the documents laid before the House that a double chamber would be objection able. The Noble Earl's measure did not leave it to the colony to introduce the system recommended, but would prevent them from doing so if they should think fit. He should support the amendment of his Noble Friend, leaving the details to be filled up at another opportunity if their Lordships should agree to the principle. The Earl of ST. GERMANS believed the amend ment proposed by the Noble Lord would disappoint the expectations which had been held out to the colonists. The Noble Lord had argued as if the colonists had made the proposition which he advocated,, but it had never been brought under their consideration at all. He was not prepared to vote for the amendment, particularly as this was an experiment which he thought deserving of a fair trial. The proposition made by the Noble Lord could not, under the existing circumstances of the colony be carried out, because a large number of the most in fluential parties resided at a considerable distance from Sydney, and could not make it convenient to spend a con siderable portion of the year in that place. Lord WODEHOUSE thought that a system which had been so universally adopted in the colonies ought not to be abandoned or departed from without some stronger reasons than had yet been adduced. One strong objection to the Bill was, that it would make the Government a separate party in the colony,, distinct from and opposed to the people, thus causing a constant feeling of irritation between the colony and the mother country.—(Hear, hear.) Although he believed it essential to the establishment of a wise system of repre sentative institutions in the colonies that the Legislature should consist of two chambers, he did not agree with those who advocated a single chamber, on the ground that they would lay the foundation of aristocratic feel ings in those colonies. He believed they would commit a great error by sanctioning this Bill, and should there fore support the amendment. The Committee divided on the amendment, when the numbers were— Contents ... ••• 20 Non-contents 22 Majority against the amendment... —2 On our return to the gallery, we found Lord LYTTELTON recommending the reduction of the franchise to one-half the amount proposed by the Bill. As the Noble Esrl (Grey) intended to alter the clause, he would withdraw the amendment which he should otherwise have proposed. Earl GREY thought a reduction in the franchise very desirable, and proposed a clause in accordance with the views of the Noble Lord. After a few words from Earl POWIS, The clause as amended was agreed to. In reply to Lord MONTEAGLE, Earl GREY said he saw no reason why the franchise in South Australia and Van Diemen's Land should not be the same as that proposed for New South Wales, and he would propose a clause to that effect. On clause 8 ceing propose 3, Lord MON FE AGLE objected to it, because, what ever might be the capacity of Western Australia to re ceive a constitution, until they should have the menus of paying the whole of their expenses they would tot, under the provisions of the Bill, be able to obtain a con stitution. It was a novel principle to lay down that no state was entitled to representative government until it had a revenue sufficient to pay its expenses. Earl GREY said, so far from being a new principle it was the ancient principle of our own Constitution. The whole power of the House of Commons had arisen from the Crown being under the necessity of applying to it for money. It was his deliberate opinion that until the people of the colonies were able to pay the expenses of their civil government, they were not entitled to repre sentative institutions. Lord MONTEAGLE asked if representative institu tions were to be refused so long as the colonies did not pay the whole of their expenses? If so, we ought not to grant them so long as we paid the salaries of the go vernors. Earl FITZ WILLI AM disputed the position laid down by the Secretary for the Colonies, that the power of the House of Commons arose from its having the power of the purse. It had its power in consequence of this being a free country. . _ Earl GREY, in answer to the observation of the Noble Lord (Nlonteagle), said that the payment of the salaries of colonial governors by this country was a wise exception in the colonial expenditure. With regard to the other point he believed he was correct i❑ saying that i❑ point of fact representative institutions had been viewed as neither more nor less than a machinery for taxation. The colonies ought to have representative in stitutions as soon as they were able to defray the cost of government. Western Australia would speedily be in such a position. Lord LYTTELTON congratulated the Noble Earl on coming round to the views which he had expressed in 1846. The clause was then agreed to. On clause 14, In reply to Lord MONTEAGLE, Earl GREY said that he had been in communication with the Chancellor of the Exchequer on the subject of giving the colonists greater control over their customs, and he had no doubt such a control would be granted them. The clause was then agreed to. On clause 16, Lord LYITELTON wished to know whether it was desirable that schedule C should stand part of the Bill. The effect of it would be to fix the minimum to be paid for purposes of public worship. He thought it would be better to leave the whole question of the pecuniary support of religious establishments to the colonists themselves, as it was clearly one of their own internal concerns. After a few words from Lord REDESDALE, Earl GREY said it had been considered that the pre sent Bill could not originate in their Lordships' House, because it created a taxing power. He would not take upon Limself to offer an opinion as to how far his Noble Friend's (Lord Lyttelton's) proposition would interfere with the priviltges of the House of Commons, but he would strongly deprecate any alteration in the Bill from its present shape. After a short conversation, the proposed suggestion was not pressed, and the clause was understood to have been agreed to. On clause 17 being proposed, which showed how the appropriation of sums granted might be varied, Lord MONTEAGLE complained that there was a power given by this clause to tie Gcnevaor of the colony THE SUN, LONDON, greater than that possessed by the Treasury of this empire. Earl GREY rieferaled the clause, which was subse quently agreed to. The NOBLE EARL then moved, pursuant to notice, the substitution of the word " diminution" for " alteration," with reference to judicial salaries.—Agreed to. Clause 18 was also understood to hate ueen agreed to without any discussion. Clause 19 was then proposed. Lord LYTTELTON suggested that the power of forming district councils should not be left in the hands of the governor except by and with the advice of the legislative council. Earl GREY thought that would not be analogous with the municipal councils in England, and that it would be inexpedient to adopt the snegestion. Aft , er a few words from Lord MONTEAGLE, Earl GREY said that the object of the district coun cils was to give the respective localities a control in the expenditure of their own money. Clause 19 vs as then agreed to, as were also clauses 21, 22, and 23, On clause 24, Lord LYTTELTON rose to propose the amendment of which he had given notice, with the view r f making an alteration in the power of dealing with the waste lands of the colonies. He had come to the conclusion that it would be impossible and not desirable to maintain throughout the whole extent of New South Wales and Port Philip the price of land at 1/. per acre, seeing that it must necessarily be devoted to pastoral purposes. He therefore proposed to entrust the power of selling the waste lands to the governor, with the advice of the Le ei=lative Council. The time was come when this power ought to be entrusted to the local legislature. At the same time, he altogether objected to the price of land being reduced to merely a nominal amount. The great difficulty was in dealing with vested interests—namely, with the interests of those who had purchased lands at the higher price. The main answer to that was, that since 1842, when the Land Sales Act passed, in New South %Vales and Port Philip the sales had been exceed ingly small. He had no objection to make the assent of the Crown necessary, but the local legislature ought to be allowed to deal with the question. Earl GREY thought the proposition of the Noble Lord would he one of the greatest blows that could be given to the colonies to which he proposed to apply it. He would endeavour shortly to explain the policy which had been adopted with respect to the sale of land in Australia. Up to 1831 the practice was to grant land under certain rules, the object of which was to endeavour as fsr as possible to prevent it being taken by irrespon sible parties; and regulations were consequently made, which looked very well on paper, but which were prac tically of no use, for no vigilance was sufficient to prevent their evasion. Abuses had risen to a great height, when it was suggested that the real way of getting rid of the evil was, instead of giving land away, to sell it. These views were published in an able pamphlet, and attracted the notice of Lord Ripon, who was so thoroughly satisfied of the sound ness of the principles on which the regulations were suggested, that he determined to apply them practically to New South Wales. New instructions were issued respecting the disposal of the Crown lands. When the price was named it created great opposition— and there was not a single individual in the colonies in favour of the regulation. The price was afterwards raised to 12s. per acre In 1840 the whole subject was brought under the consideration of a Select Com mittee on the affairs of South Australia; and after a long and patient inquiry, the Committee came unani mously to the conclusion that the price of land ought to be raised, and that in order to induce persons to pur chase more largely, a Parliamentary security ought to be given against the prices being subsequently lowered. It was said that such a security would cause large purchases to be made. These views were adopted by the Secre tary of State (Lord J. Russell), but he did not remain in office sufficiently long to carry them into effect. They were also adopted by Lord Stanley, and i❑ 1842 a Bill was brought in, founded on the report of the Com mittee, to secure purchasers of land against future re ductions of value. Under these circumstances a very large number of sales took place. It was desirable that where the extent of the valuable land was unlimited, the price should be determined by the minimum price imposed by the Crown; and it was quite clear that if the minimum price should be reduced the value of the land already sold must be diminished; and in fact to reduce the price fixed under the Act of 1842 would be nothing short of confiscation. He would now call their Lordships' attention to the effects which had resulted from this system. In 1831 the policy was adopted of selling land and applying the proceeds of the land sales to the purposes of emigration. During the eighteen years which have elapsed the amount of money derived from the sale of land and applied to the purposes of emigration in the Australian colonies was no less than 2,500,0001. The first application of money derived from these sales to emigration took place on the recommen dation of a Committee in 1831, the amount calculated upon not exceeding 10,0004 At that time there were no means of sending labouring men at a reasonable price to the Australian colonies, the lowest amount being about 401. for aF steerage passage, but the charge was now 121. or 14/, With infinitely superior accommodation. Under this system the number of persons sent to the Australian colonies during that period was 117,600. Nor was that ail; for in consequence of the stimulus thus given to emigration, 61,750 persons had voluntarily gone to Australia, making a total of 179,300 souls. This had been effected without any expense to this country, and he contended that such a system ought not to be rashly dealt with. He would call their Lordships' attention to another circumstance. He held in his hand a petition against a clause contained in the Bill allowing the Federal Legislature to deal with the price of the land. The petitioners stated that they had purchased their land on the faith of the report of the Committee to which he had referred, and what they con sidered a Parliamentary guarantee that the price of land should not be diminished. These were the circumstances under which the measure was proposed; and if the con fidence of the purchasers was shaken, the discontinuance of the present system must follow. It had been said that IL was not a high price for land intended for agri cultural purposes, but the grazing land was not worth that sum. It was not worth 55., it was not, in fact, worth In 1846 a measure was passed authorising the Crown to establish regulations for the occupation of waste lands for pastoral purposes, and the papers on the table showed that those regulations had been satisfac tory. Ho conceived that Crown lands ought to be held in trust by her Majesty for the benefit of all her subjects, and they ought not to be engrossed by a few persons to the detriment of the future settlers. But if the price of lands in Australia were to be greatly reduced, they would in a short time bo bought up by speculators, and the settlers would have to pay not 11. per acre, but a price fixed by the holder, without gaining any advantage like that which they derived under the present system. The only security against this engrossment of the public lands was to maintain the existing laws and the existing minimum price. There was a disposition to acquire larger quan tities of land than was consistent with the public interest, which it was difficult to deal with. It must also be re collected that a considerable portion of the money ob tained from land sales went back to the colonists in the shape of bridges, roads, and other essential improve ments necessary for the comfort and progress of the colony. It was desirable, therefore, that all the money not spent to promote suitable emigration should be ex pended for local improvements and objects. It was said that this would encourage a spirit of jobbing, but he con sidered that proper checks on the expenditure of the money would do away with this anticipation. These were the grounds on which he supported the measure in pre ference to the amendment. He had been told that the colonists were against this measure. He denied that this was the fact. Public opinion was very much divided on the subject. South Australia was very much in favour of the Land Sales Act, and in New South Wales public opinion was very much divided on the subject. The Legislative Council, he believed, were in favour of the minimum price of U. per acre, though they had passed a resolution against it. If under the existing system, Australia had grown up into a colony of great import ance—if the system had effected as much good as he had stated, he hoped their Lordships would maintain it un altered. Lord MONTEAGLE supported the amendment. The old system had been subverted by his Noble Friend, and for that act ho deserved the thanks of the country and the colonists ; but it did not fullow that the system the Noble Earl wished now to introduce was such a sys tem as ought to have the approval of that House. In the year 1842, a report adverse to the present land sys tem was adopted. In 1844 a similar report was made. In 1846 a resolution to the same effect was agreed to in the Council. In 1847 another report was made and adopted, of a similar character ; and iu 1849 the report before the House was agreed to. On these grounds, and because these were the opinions of the colonies from 1842 to 1850, he called on the House to adopt the amendment. Lord LYTTELTON replied. The House then divided, when there appeared— Content ... Not content ... Majority ... ... 28 ... -10 Lord REDESDALE suggested the postponement of the Bill over Thursday, as it would be inconvenient to proceed on it for the next few days. Earl GREY asked the House whether it would be be coming the House to postpone the business of the country for the amusement of a few of their Lordships. Oue day it was for races here, another for races there; one day for a great dinner in the City, another for a great dinner elsewhere. The House should go on with the business of the country if it wished to preserve its character; but to postpone a Bill of that important na ture at half-past ten o'clock would be worse than pre posterous. He perceived a desire to defeat the Bill by protracting the proceedings; but last year. it would be remembered that the House had sat until five o'clock in the morning on the navigation-laws. He trusted, there fore, the Bill would be proceeded with, and no further delay attempted. Lord MONTEAGLE said the other House had fixed on business for the days in question with the consent of the Government. He was, however, ready to go on with the Bill. Lord REDESDALE said the Irish Franchise Bill had been postponed over Thursday on account of the day in question. He never declined to attend to the business of the country; but he was of opinion that it would be better for the House to postpone the discussion until the individuals who were to take part in it were present. The Marquis of LANSDOWNE said he had put off the Irish Franchise Bill solely at the request of a Noble Lord then absent, and for no other motive. After a few words from Lord ABINGER the Bill was proceeded with. The Bishop of OXFORD then proposed a clause, the object of which was to relieve, the Church of Engla - id in the colonies from the restrictions imposed by the statute laws passed to regulate the Church since the RefQrzna lion. It had been foreseen when bishops were created for colonies that difficulties would ariso on the point, and the bishops had power in their patents to hear and determine causes in their courts as in this country. But doubts having arisen on the question, and the patents having been declared beyond the law, they were consequently withdrawn. The posi. tion of the Church of England in the colonies was, therefore, such that she could not make rules for her own regulations, or to bind her followers. It was to remedy this that the clause was intended. He had un derstood the Noble Earl to state that a reverend gen tleman high in position in the colonies had admitted that the remedy lay with the Colonial Legislature, and not with the Imperial , but that reverend gentleman, who was the chaplain of the Bishop of Tasmania, ad vocated the removal of the doubts that at present ex isted among members of the Church of England on the subject of the power in question. The writer went on to state that the Church of England in the colony could not make or enforce regulations such as the Church of Rome and the Church of Scotland could make. Ano ther point related to the visitation of bishops. The Bishop of Tasmania, it appeared, was of opinion that an additional service was required at St. David's, Hobart Town, and took steps to establish it, but the chaplain of the church thought his rights interfered with, and refused admission to the Bishop to the church. The Bishop came to the church, attended by a large congre gation in the street, and the churchwardens at last, from fear of violence, unlocked the doors, but the dispute had never been settled by any rules. Tho result was that the members of the Church of England in the colony felt they were subjected to difficulties and re strictions which no other religious body was subjected to, and that the clergy not standing on an equal f,oting were deprived of much of their usefulness. They were subjected to just enough of ecclesiastical law to restrain them, but to too little to make their position intelligible and their administration effective. The remedy which he proposed by this clause was merely to permit the members of the Church, bishops and clergy, to assem ble together, and by consent to lay down rules for their own internal government, and to make it impossible for those who consented to such rules to appeal to other courts. If the experiment was found to succeed, then would be the time to apply to the colonial legislature to give the form of an enactment to these rules. He wished to set the Church free, not from local, but from Imperial legislation in this matter. He wished by this clause to remedy a doubt, or, as some thought, an ille gality. Ile had no desire to see the Church of England in the colony deriving her influence from being what was called a dominant church, but from her spiritual power and efficacy. He desired to free it from the embarrass ments of that anomalous connexion with the Church at home which gave it neither rule nor freedom. It had been said that there would be danger in that, because it might lead the Church in the colony to adopt some new faith, and to separate altogether from the Church at home. He thought he would meet that objection by the proviso which ho intended to propose, that no regulation adopted should authorise a bishop to exercise any ecclesiastical function except he had taken the oath of allegiance, and bad subscribed the Articles of the United Church of England and Ireland; that any matter touching the see of Can terbury might be disallowed by that see; and that no such regulations should be binding except on the bishops, clergy, and " declared" members of the Church in that colony. It had also been objected that the clause would give the Church an advantage over °thy denomi nations; but if the last words of the pr4Viso were adopted that objection would be obviated, for they were to the effect that such regulations should not affect the laws and regulations of other religibus communities in the colony. He rejoiced to hear the Noble Earl declare last night that the Government were anxious to aid the Church in the colony in working herself free from the restrictions on the exercise of her spiritual power, pro vided that could be done without injury to others. Another objection was, that however good the clause might be, it was not right to introduce it in a special Act referring to a special colony, but that it should make part of a general Bill, applying generally to all the colonies. But as the Noble Earl did not find it wise to propose one general measure, in temporal and political matters for all the colonies gene rally, but rather proposed special measures for special colonies, suited to the peculiar circumstances of each, so by the same analogy he considered that in spiritual matters particular measures suited to the particular cir cumstances of each colony ought to be proposed, instead of one general spiritual measure, applicable generally to all the colonies. In fact, such an objection was only an attempt to get rid of the motion by a side-wind. He hoped, however, that their Lordships would give the clause all that deliberate consideration which an attempt to meet a great practical grievance, pressing upon the colonies, deserved to obtain. He begged to move the insertion of the clause of which he had given notice in the Bill. Earl GREY hoped the Right Rev. Prelate would not press the House to come to a decision upon the question. The subject was one of great difficulty, with which they could not safely deal by introducing a clause of this kind. They could not agree to it without carefully considering who were the parties by whom and what was the manner in which the powers it conferred should be exercised. By agreeing to the clause they would create a legislative authority in the Church of England in the colonies. By its terms the colonial bishop was not to consecrate a minister of religion unless the party subscribed the Ar ticles of the Church of England, and gave his assent to the Book of Common Prayer. But in case of any dif ference of opinion is the proposed council of clergy and laity, what would the Right Rev. Prelate think of a de cision by a majority in the sense of a late decision of the Judicial Committee of Privy Council ? Again, what was the meaning of the words the mutual consent of clergy and laity respectively?" He (Earl Grey) was positively unabld to construe those words. Again, in matters of this kind they must guard against clashing with the local legislature. If they introduced a special clause of this kind in this Bill, it would be considered that it was intended to overrule their local legislation. It was far better, in stead of taking the course now proposed, to reserve the subject for more general and more deliberate consideration. The Bishop of SALISBURY would vote for the clause. If the Noble Earl would promise to give a fair and candid consideration to the subject, he would sug gest to his Right Rev. Friend not to proceed to a divi sion. But the Noble Earl spoke of the difficulties in the way of dealing with the subject, as if they presented in superable obstacles to their arrangement. The Bishop of LIMERICK could not give his consent to the clause. Instead of being of advantage to the peace of the colony, it would only lead to dissensions and differences, which would be aggravated by the delays occasioned by a reference to their metropolitan in the mother country. It was utterly impossible for him to support the clause of the Right Rev. Prelate; and if the latter would allow him, as a junior member of that House to make a suggestion, he would recommend the Right Rev. Prelate not to press the matter, but to leave it in the hands of the Government. He was anxious that peace should prevail in all subjects connected with the Church, and under present circumstances they were bound to act with the greatest circumspection.—(Hear) The Earl of HA RRO WBY, who was very indistinctly heard, was understood to say that the clause before them was more a declaration of opinion than one upon which to legislate. He hoped his L earned and !tight Rev. Friend would not press his propo s iti on on t h at occas i on. In to legislating for the col on i es on that subject it was necessary consider the different positions and circum stances under which each of the colonies respectively was placed. The Earl of CHICHESTER, who was almost totally inaudible in the gallery, was understood to observe that great inconvenience was felt in the colonies in conse quence of the uncertainty of th e l aw as i t at present stood. He hoped something would be done to remedy that evil, and indeed it was most advisable to have a re. vision of the entire state of the law respecting the Church in the colonies. Th e Bishop of DOWN and CONNOR said the ques tion on the present occasion resolved itself into the in the Right Rev. Prolate acknowledged on all sides of the House to exist. As he gdwiuedirreynotthe evils which were the Right Rev. Prelate was understood), he would oppose the clause. whetherthisufficientn t t h h oe e ry p n r wo o top were propositions t s i co o o n (r s ar es e e f t • Lord REDESDALE approved of the principle of the clause, and would support it, but would not recommend his Right Rev. friend to press it to a division. Lord LYTTELTON thought the Government was leaving the present question in a very unsatisfactory state. He wished to know whether there would be Any thing like a promise given of an inquiry into the subject on a future occasion. Earl GREY was understood to say that he could give no specific answer on that question to his Noble Friend. The Bishop of OXFORD, in briefly replying, said if he got any definite answer that an inquiry would take place this session or next, he would be content to wait any reasonable time, and to leave the matter in the hands of the Government. — (Hear.) The Marquis of LANSDOWNE admitted the ex istence of the grievance; but if it was scarcely fair to call upon the bench of Right Rev. Prelates, whose atten tion must have been turned to the subject, to produce a plan to remedy it, how much less fair would it be to call upon the Government to provide a remedy, espec i a ll y without having had an opportunity of communicating with the members of the Church in the colonies? His Noble Friend had gone as far as he could under the cir cumstances. The grievance must be examined into and fully probed, and the nature of the remedy considered. His Noble Friend was hardly called on to state whether the inquiry should be conducted by a Commission or otherwise. All that the Government could say was, that the matter should be looked into at no very distant pe riod, he might almost say forthwith. No unnecessary delay should intervene, but the most effectual i nqu i ry should be instit u t e d, and the best remedies that could be devised should be adopted. Earl PO WIS thought the Right Rev. Prelate was fully justified in calling on the Government for an as surance that the subject should receive consideration at their hands. It was not a subject to be dealt with by private Members without the assistance of the Go vernment. The Bishop of OXFORD said if the Noble Earl would introduce a declaratory statement that the disabling Acts which bound the Church of England should not bind the Church in the colony, he should be perfectly content to let the matter rest where it was. He was willing to withdraw his motion, and propose it in an amended form in the report, Earl GREY objected to give the pledge required by the Right Rev. Prelate, thinking it improp er t o ma k e distinctions between the hurch in this country and the colonies. The Bishop of OXFORD, after the answer given by the Government, would not press his =tea,. The motion was then withdrawn; the He :a: resumed, and the report was brought up. The douse adjourued at a Quarter to Ono o'clock, WEDNESDAY EVENING, JUN'' 12, IEISO. LAW INTELLIGENCE. COURT OF BANKRUPTCY. June 11. (Before Mr. Commissioner FANE.) JUDGMENT.—TFIE ITALIAN OPERA HOUSE, COVENT. GARDEN. IN RE EDWARD TIL)MAS DELAFIIMD. Ills HONOUR to-day gave judgment on the question of the bankrupt's certificate. He said—This is a very re markable case, and very unlike those which usually ap pear in this court. The bankrupt, on coming of age in 1845, found himself entitled to a fortune, left him by his uncle, who died about 1825. which, with its accumu lation, amounted to 100,0004 and upwards. He was also entitled, under his father's will, to a reversionary interest of 6,0001., payable on the death of an aunt. His father and uncle had been partners in the brewery of Combe, De'afield and Co., and he was admitted into the partnership on coming of age. He thus became en titled to interest on his capital of 100.000/. at 5 per cent. and to a share in the annual profit besides, which usually amounted to 2,500/. He had, therefore, an income of about 7,5001. a year. At the end of 1848 ho was a ruined man. On the 12th of July, 1849, the fiat issued against him, his debts being 33,0001., his assets about 1,000/. His affairs have beau fully investi gated ; his creditors aro satisfied that the truth has been told ; his last examination was passed without opposition, and he now asked for his certificate. The assignee objects, partly on pub lic, and partly on private grounds. The public grounds resolve themselves into reckless personal expen diture and an unfair making away of his remaining assets shortly before his bankruptcy. The private grounds have reference to a loan by the assignee to the bankrupt, in March, 1846. Before consideriug the ob jections, I will trace shortly the progress of this young man from affluence to utter destitution. Having received the usual school education, he was sent to Oxford, where he continued about three years, during which time he exceeded his allowance by about 3,0001. and upwards. He was anxious to pay the debts he had incurred, but was unable to do so, the very large sum left him by his uncle not being immediately accessible, and in conse quence he borrowed of the gentleman who afterwards became petitioning creditor and assignee under the bankruptcy 4,6001., with which, and other advances, he cleared off his debt. On coming of age, in Novem ber, 1845, he was admitted, as I have above said, a partner in the brewery, and became master of his fortune. Unfortunately for him he was under the influence of a strong passion for music, and hence for theatrical entertainments, which brought him into contact with persons willing to avail themselves of his want of experience, and carelessness about money, to involve him in speculations the risk of which he was to run. and the benefit of which they were to en joy. In 1846 he was induced to assist in bringing over the Brussels operatic company to this country. This specu lation turned out a total failure, and he lost by it 2,3004 and upwards. It would have been well if this trifling loss had operated as a warning to him not to engage in undertakings, the details of which he neither did nor could understand. However, it did not, and in 1847, he withdrewc his capital from the brewery, and entered into the speculation which soon completed his ruin. The history of this transaction will best be given in his own words. He says—" I know Thomas Frederick Beale, of 201, Regent -street. I first became acquainted with him in the spring of 1847. Ile was then engaged as manager of the Royal Italian Opera House, Covent garden, for Signor Persiani, who was at that time the lessee. Some time in July, 1847, Beale came to me when I was in my box at the theatre, and told me Persiani bad left, and that money was required to pay the artistes, or else the theatre must close, and said ifs I would lend laim promissory note for 3,0001., the Union Bank, or his father, would discount it, he promising, with Mr. Chap pelle, his solicitor, who was then present, to provide for it at maturity. I consented to this, and gave my pro missory note the following day, and this was afterwards represented by bills, for which I was ultimately obliged to pledge my reversion of 6,0001. ; no part of this 3,000/. was repaid to me either by Beale, or his attorney. When I gave this bill I had no connexion with the theatre be yond having my box there. I had no motive in giving this bill, except to assist the concern. This was my first introduction into the pecuniary affairs of the theatre, and subsequently about the end of that season (about August, 1847), Mr. Beak induced me to join him in partnership, and some memorandum of agreement was prepared by Mr. Chappelle, of which I have no copy, but I believe the terms were, that I was not to incur any liability, present or future, beyond 15,000/. There was a provision I believe in this agree ment, that Beak was to be at liberty to make any ar rangement he could with Persiani for obtaining the theatre, and I believe Beale arranged with him to pay all the debts upon the theatre, to continue the existing arrangements, and to release Persiani from all liabilities, upon condition of Persiani giving Beale two acceptances of 2,0004 each; and Signor Salvi, who was a friend of Persiani, also agreeing to give four acceptances of 1,000/. each, making together 8,000/. By the power thus given to Beale, he took upon himself to pay the whole of the existing engagements of the theatre, the whole of which ultimately fell upon me, as Beale paid no part of them. Persiani's bills have all been dishonoured, and have never been paid; Salvi paid three of his acceptances by an engagement; but the balance of the fourth accept ance, I believe, about 640/., still remains due, and I be lieve that Beale has since given up the fourth acceptance to Signor Salvi without any authority, and I consider this be longs to my estate. By this arrangement of Mr. Beale, throwing the liabilities of the former lessees upon my shoulders, I had to pay about 20,0001. The opera season having terminated its August, 1847, nothing was done excepting making arrangements for the ensuing season, until November, 1847, when a partnership deed was executed between me and Beale. Beale did not bring anything .into the concern. The partnership was di.solved in December; 18.47, I, by the terms of the dissolution, taking upon myself all the debts of the theatre, and releasing Beale from all contributions to wards the debts and contributions of the theatre. Beale then ceased to have any connexion with the theatre." The object of entering into such an undertaking without any experience to guide him, is obvious; the result was a balance of loss on the season of 1848 of 34,756/., and on the season of 1849 of 25,455/. Esen this gigantic undertaking did not satiate his passion with ventures connected with music and theatrical engagements, for in the early part of 1848 he also undertook, with Mr. Charles Mathews, to carry on the Lyceum, on joint ac count. His project was soon found unprofitable to him, and he withdrew after having sustained a loss of 5,312/. Pending these engagements he made a present of 5,0001. to a musical acquaintance of his, Mr. Arthur Webster, with which Mr. Webster had purchased a villa on the banks of the Thames, called Willow Bank, and as it was thought desirable that the villa should be improved, he agreed to assist Mr. Webster in repairing, or rather rebuilding and decorating it. For this he ultimately paid about 8,3001. The result of all is told by him self in these words:—" I was, in fact, entirely ruined at the end of the season of 1848. My balance at my banker's was quite exhausted, and I began the season of 1849 by a loan of 2,000/. from any banker's." As the season advanced his distress for money increased, and in April Beak was obliged to advance 1,0001 to pay Mario and Grisi. On the 15th or 22d Beale and the bankrupt met, and an account was produced, by which it appeared that 4,0004 was then due for salaries ; and in order to induce Beale to carry on the theatre, the bankrupt, on the 22d of April, executed a deed, prepared by Mr. Beale, whereby he assigned all his interest in the theatre, theatrical properties, and debt due for contribu tions, to Beale, to cover such advances as he had made or might make to carry on the theatre, not exceeding 7,000/, and he himself retired to Brussels to avoid arrest. On the Ist of May following he became party to another deed, by which Mr. Webster conveyed Willow Bank and the property there to Mr. Beale, also to secure 7,0001., and on the 12th of July following the fiat issued. Such were the circumstances of this lamentable case, and it is now contended that I ought either to refuse the bankrupt's certificate altogether, or postpone the allowance of it, and add the conditions that the bankrupt should pay ten shillings in the pound to his creditors, out of any property which may hereafter come into his possession. I do not think, however, that I ought to adopt any one of these courses. The first charge made against the bankrupt is, that his expenditure was reckless. But what evidence is there to support this charge? I have certainly heard out of court that a very extravagant style of living was indulged in at Willow Bank, but Willow Bank belonged to Mr. Webster, and for anything that appears to the contrary, the bankrupt was rather a guest there than anything else. But whatever the fact may be, I have nothing to do with anything but what appears in evi dence before me, and all that is in evidence before me on the subject of reckless expenditure, is a statement in the balance-sheet, showing that the bankrupt's personal ex penditure, from November, 1845, to July, 1849—nearly four years—was 22,0001.; from which must be deducted being at least 3,000/. for college expenses prior to 1845, a personal expenditure of 19,0001. only—less than 5,0004 a year. Now, this is cot reckless expenditure in a per son who had above 7,000/. a year. In reference to this part of the case, allusion was made to the gift of 5,0001. to Mr. Webster, and the subsequent expenditure of 8,300/. for his benefit. As to this, the bankrupt's ex cuse is, that Mr. Webster had lent him money to meet his early difficulties, and he also anticipated a mar riage between Mr. Webster and a near relation of his. But it is scarcely necessary to notice these ex planations. The 5,000/. was given on the 27th of February, 1847, and on that day the bankrupt re ceived 20,0001. from Messrs. Combe and Co. , and when he engaged to pay for the improvements at Willow Bank, he had still 80,0001, in to his re serve,i and of coarse every person is. if to depart from the ordinary usages only other charge made against the bankrupt on public t h m e choosesan liberty kin d. sog Theafver of away thousands of his own money , grounds was, that he had made awa y with all his re maining property in favour of B eak, j ust on the eve of bankruptcy, part and o thisf my charge y was u t n n d e impressdon his execu tion c all l - 1 don of the two deeds of the 22 d of April and Ist of May 1849. Now it has always been considered by me as an important traders, that although they are at liberty to struggle for duduty here, k a living as long as there is a fair chance of success re maining, and their creditors are willing, from abstain ing from pressure by suit, to allow them to do so, still that they are bound, when all reasonable chance is gone, and pressure by creditors begins, to look their affairs steadily in the face, and if they see no fair ground of hope, and some of their creditors will wait no longer, then to place themselves entirely in the hands of their creditors , and if necessary submit to bankruptcy, showing no favour to one creditor more than another. Prima facie the application of that principle to the present case would require con demnation of the bankrupt as for an unfair preference of Beale, but upon full consideration I am of opinion that this is an exceptional case. First, some allowance ought to be made for the extreme youth of the bankrupt; ,ome for thecircutustance that he could hardly be deemed a trader; some for the deceptions of which he has been made the victim; and some for the greatness of the ruin that has befallen him: which, of course, must operate in itself as severe punishment. But I have another diffi culty in dealing with this part of the case on the strict principle, and that is, that the assignee has thought it best to settle all questions with Mr. Beale, by accepting from him 1,0001. in satisfaction of all claims, and hence there has no: been that full investigation of the facts connected with the execution of the two deeds which would be requisite to enable me to form a judicial opi nion on the merits of the transactions. An obvious ex cuse, however, offers itself for the execution of the deed of the 22d of April, that April was the very commence ment of the Covent-garden Opera season, aed the bank rupt might have thought that in inducing Beale to fur nish funds to go on with, he was doing the best he could for the creditor, whose immediate subsistence and ulti mate payment depended on the theatre being kept open. With regard to the deed of the Ist May, it seems, in fact, that the bankrupt was not a conveying party; the deed related to Mr. Webster's property, and it was only executed by the bankrupt in order that any subse quent purchaser under Beale might be better satisfied. Under these circumstances, and having a regard to all these considerations, I d not feel myself in a position to pronounce judicially that the certificate ought to be post poned with respect to the alleged unfair disposition of property on the eve of bankruptcy. It remains to consider the private complaint of the aesignee. He was a college friend, three or four years older than the bankrupt. In March, 1846, beinu then, it must be presumed, acquainted with his young friend's carelessness about money, and his unfitness to b 3 trusted with it, he thought fit to lend him 4,6001., to be repaid at the option of either party on twelve months' notice being given. In February, 1848, he or his friends' commenced a❑ action to recover the money immediately, with interest. The bankrupt paid the interest, but, as to the principal, he declined paying it at that time, on the ground that he had nut had twelve months' notice. The assignee, knowing the defence was right in point of law, submitted, gave immediate notice, and renewed his action in February, 1849. Meanwhile the bankrupt had involved himself in the opera specu lation, and was, in fact, utterly ruined. Now, is there anything in these circumstances which should deprive the baeltrept of his certificate? I think not. The defence he made was justifiable at the time. Thelender had agreed that repayment should not be made until after twelve months' notice, and that notice had not been given. But then it is contended that I ought, in granting the certificate, to attach the condition that the bankrupt shall pay ten shillings in the pound on his debts out of future assets and a decision something like that in Lord Hun tingtower's case was cited to me. I do not know the exact particulars of that case, I only know it was very peculiar. But I confess I have no inclination to attach such a condition to a certificate in any case. I refused to do so in Jullien's. The world of industry in which we live is one in which every man, not living on accumu lations, is struggling fbr a subsistence. In that struggle it is difficult enough for a❑y one to win his way, even with character clear and something to begin with. What, then, may be expected to be with the fate of' one who not only begins with nothing, but is weighed down with the stain of bankruptcy, and by an unpaid debt of 10s. in the pound on 33,0001.? I see nothing for a person so burthened but to lie down in hopeless despair, and aban. don all future exertion. Were the faults of this bank rupt far greater than they are, I would not condemn him to such a fate. It may be said that this bankrupt had rich relations. Perhaps be has; but if it were true, this argument is one which will never weigh with me. I e ill never be a party to the establishing of any such doctrine, that rich relations are under any obligation to pay the debts of extravagant connexions. A contrary doctrine is a far more wholesome one. It is better to it•duvir that a creditor' shall not have means of pres sure, direct or indirect, upon rich relations, and thus check the giving credit to the young and foolish. It is to the great prevalence of this credit which in the long run, leads to the establishment of laws which, though intended to check the unwholesome credit only, which is given to the idle, such as that given in Lord Hunting tower's case and again in this, have a tendency to im pede that wholesome credit which, by enabling strug gling industry to exercise its calling, is the source cf public wealth. And for whose benefit am I to impose this barthen—for that of the assignee, or for that of the general body of creditors? If for the assignee, I answer that he knew at the time he lent the money that he was lending to a spendthrift; that the money was to meet past or future extravagance. Why should the law go out of its way to aid such lenders? They are public enemies, they foster extravagance, encourage idleness, and disturb the happiness of families. Even those who advance money to enable others to educate themselves or go into business, must submit to the loss of what they have lent if circumstances tarn out unfavourable. And if this be the fate of those who advance money for praiseworthy purposes. why should it not be the fate of those who advance money to supply extra vagance? Surely the loss of what has been so lent is not inappropriate punishment for persons who thus in terfere between the young and their natural advisers and protectors. Bat it may be said that I ought to im pose that condition for the benefit of the other creditors. To that I answer, that I believe there is not one who really wishes it. I have now been engaged twenty-five years in administering the law of bankruptcy, and in that time I have ob,erved that the most marked feature in the conduct of the creditors, as a body, towards debtors, is an unwillingness to press harshly on the fallen, and I doubt not that this is the feeling which pervades the body of creditors in this case. At all events, not one has appeared to make the slightest per sonal complaint against the bankrupt. But if a contrary feeling did prevail, I should not yield to it, for I look upon the glieral body of creditors in this case as cc speculators with the bankrupt, and as the speculation has been a total failure, and he the greatest sufferer, all ought to hear their share of the misfortuue without refusing. On the whole I think, upon full consideration of all the circumstances, that I shall best discharge my public duty by granting the bankrupt a common certificate, without attaching any condition. I hope that the terrible lesson he has received may be of use to him in after life. Certificate granted accordingly. MATINEE DRAMATIQUE. On more than one occasion we have performed the pleasing duty of drawing attention to the excellence of the system of education, and the general treatment of youth, in force at the Collegiate School at llanwell. On Thanday last we had another and a better oppor tunity of judging of the general results of his great care and judicious training. The young gentlemen performed Julius Casar in a style worthy of professional actors of high pretensions. The piece was got up, in all its en tirety, with the most rigid attention to costume, proper ties, and scenery, and the languige of the immortal bard was delivered with a clearness, a precision, and a nice apprehension of the author's intent, which evinced patient study and rare intelligence. The parts of Brutus and Cassius by Masters Frederick and William Strat ford ; of Mark Antony, by Master Lyon ; Caesar, by Master Kelland ; Casca, by Master Williams ; Portia, by Master Flews ; and Calphurnia, by Master J. Boorn, were admirably filled ; while equal attention was bestowed upon their several characters by Mas ters G. Boom, J. Grantham, Reid, and Robertson, as Lucius, Octavius, First Citizen, and Soothsayer. All the plebeians played with " radical" earnest ness, and the processions gave evidence of careful dril ling. There was not a hitch throughout. After the performance, the audience, which was very numerous and fashionable, adjourned to the beautiful grounds of Dr. Emerton, where cricket, music, and promenading, whiled away the time until the evening. An adjourn ment then took place to the refectory, fitted up as a ball room; and a merry dance, in which the young amateurs most heartily nud gracefully joined, concluded the day's diversions. We cannot conclude thi s b r i e f not i ce o f a ver y inte resting event without a compliment to the excellent judgment of the worthy principal of the establishment in thus nourishing a taste for the finest poetry in the world, and imparting practical lessons in elocution. We could not help contrasting the effect of this sort of teaching with that in practice at Westminster, where a Latin play, replete with passages of questionable morality, is spouted year after year, as if there were nobody but Terence worthy of the trouble of representation. WESTMINSTER FREEHOLD LAND SOCIETY. A public meeting was held at the Town-ball, Wool wich, on Monday evening, 10th instant, for the purpose of explaining the principles and objects of the society; Dr. Carlile in the chair. Messrs. J. Duncan, H. Nes bett, G. E. Dennes, and G. Huggett, attended as a de putation. Mr. G. Huoorrr explained fully the objects and ad vantages of the freehold land movement, after which JONATHAN DUNCAN, Esc', at some length, and with great force, exhibited the great and beneficial results which society has every reason to expect—politically, socially, mentally, and morally--will be effected by the operations of these societies; not forgetting to impress upon the audience their value to the individual as an excellent investment of capital as one of the best kinds of savings' banks, and as a creator of motives of prudence and forethought amongst the industrious class es . _ _ _ Mr. RuEoC moved and Mr. NESBETT seconded the following resolution, which was unanimously adopted:— " That the freehold land movement is deserving of the warmest support of all who desire an extension of the suffrage tending as it does to improve the social and moral condition of the industrious and unenfranchised daises; and this meeting is of opinion that the piinci pies of the Westminster Freehold Land Society, of No. 4, Beaufort-buildings, Strand, as explained this evening, are well calculated to effect that object; and inasmuch as it purposes to enable its members to obtain votes in Kent and other counties, this meeting pledges itself, in dividually and collectively, to give that society its best support.' A vote of thanks was passed to the chairman, and, a number of shares having been taken, the meeting separated. D VERTIEMENT.]—An astounding Cure of 35 Wounds by Holloway's Ointment and Pills.—Extract of a letter from Mr. Jeremiah Reed, of Afolong, near Sydney, dated 25th Sept., 1845. "To Professor Holloway. Sir, 1 owe a debt of gratitude to you for my almost miraculous cure by the use of your Ointment and Pills, after seven years in tense suffering, caused by exposure to wet and cold. When I commenced using your remedies I had already expended up wards of 2001. in other medicine and advice, without any be nefit, and had :35 ulcers on my body, a dreadful headache, and pains all over me bet your Ointment and Pills have cured me, and lam now enjoying excellent health." Sold by all Druggists, and at Professor Holloway's Establishment, 244, Strand, London [ADvEhTISEmENT.]--Bars Life in London, on Sunday next, June 1 6 , Ascot H eath R aces. Engravings of the Emperor's Vase , the Q ueen ' s Cu p , an d Royal Hunt Cup. Observations by " Pegasus." The Battle for the Championship ; After Thoughts and Incidents. "rice of Bell's Life, Sixpence. Office, 170, Strand. Average;sale of Bell's Life, 28,000. THE TEA TRADE, JUNE 10.—The deliveries of tea in London lad week were net quite 29 lArge, tieing *44,0851b. THE NICARAGUAN TREATY. - - - The following is the text of the Convention Le -1 tween the United States of America and her Britan nic Majesty, concluded at Washington the 19th day of April:— The United States of America and her Britannic Ma jesty, being desirous of consolidating the relations of amity which so happily subsist between them, by setting forth and fixing in a convention their views and inten tions with r e f erence to any means of communication by ship canal, which may be constructed between the At lantic and Pacific Oceans by the River San Juan de Nicaragua o r M antagua, to any part or place on the Pacific Ocean;—the President of the United States has conferred full pivrere on John M. Cl a y ton , S ecretary o f State of the Unit e d S tates; and her Britannic liajesty on the Right Hon, Sir henry Lytton Buliver, a member of her Majesty's Most Honourable Order of the Bath, and Envoy Extraordinary and Mintster Plenipotentiary of her Britannic Majesty to the United States, fur the aforesaid purpose; and the said Plenipotentiaries having exchanged their full powers, which were found to be in the proper farm, have agreed to the following articles:— Art. 1. The Governments of the United States and Great Britain hereby declare that neither the one nor the other will ever obtain or maintain for itself an exclu sive c intro! over the said ship canal ; agreeing that neither will ever erect or maintain any fortilitationa commanding the same or in the vicinity thereof, or tree cupy or colonize, or assume or exercise, any dominion': over Nicaragua, Costa Rica, the Mosquito coast, or any pat t of Central America ; nor will either make use of any protection which either affords, or may afford, or any alliance which either has, or may have, to or with any state or people, for the purpose of maintaining or erecting any such fortifications, or of occupying, fortify ing, or colonizing, Nicaragua, Costa Rica, the Muquito coast, or' any part of Central America, or of assuming or exercising dominion over the same ; nor will the United States of Great Britain take advantage of any intimacy, or use any alliance, connexion, or influence that either may possess with any state or Government through whose territory the said canal may pass, for the purpose of acquiring or holding, directly, or indi rectly, for the citizens or the subjects of the one, any rights or advantages in regard to commerce or navigation through the said canal, which shall not be offered on the same terms to the citizens or subjects of the other. Art. 2. Vessels of the United States or Great Britain traversing the said canal shall, in case of a war between the contracting parties, be exempted from blockade, de tention, or capture by either of the belligerents; and this provision shall extend to such a distance from the two ends of said canal as it may hereafter be found expedient to establish. Art. 3. In order to secure the construction of the said canal the contracting parties engage, that if any such canal shall be undertaken upon any fair and equitable terms by any parties having the authority of any local Government or Governments, through whose territory the same may pass, then the persons employed in making the said canal, and their property used or to be used for that object, shall be protected from the commencement of the said canal to its completion by the Governments of the United States and Great Britain from unjust de tention, confiscation, seizure, or any violence whatsoever. Art. 4. The contracting parties will use whatever in fluence they respectively exercise with any state, states, or Governments possessing or claiming to possess, any jurisdiction or right over the territory which the said canal shall traverse, and which shall be near the waters applicable thereto, in order to induce such states or Go verninents to facilitate the construction of the said canal • by every means in their.power. And furthermore, the United States and Great Britain agree to use their good effices whatever or however it may bo expedient so to do, in order to procure the establishment of two free ports, one at each end of the said canal. Art. 5. The contracting parties further engage, that when the said canal shall have been completed, they will protect it from interruption, seisure, or unjust confisca tion; and that they will guarantee the neutrality thereof, so that the said canal may be ever open and free, and the capital invested therein secure. Nevertheless, the Governments of the United States and Great Britain, in according their protection to the construction of the said canal, and guaranteeing its neutrality and security whdn completed, always understand that this protection and guarantee are granted conditionally, that if both Govern ments or either Government should deem that the per sons undertaking or managing the same adopt or es tablish such regulations concerning the traffic thereupon as are contrary to the spirit and intention of this con vention, either by making unfair discriminations in favour of either of the commerce of the contracting par ties over the commerce c f the other, or by opposing op pressive exactions or unreasonable tolls upon passengers, vessels, goods, wares, merchandizes, or other articles, then it shall be open to either Government to seek re dress in such manner as they may deem advisable. Neither party, however, shall withdraw the aforesaid protection and guarantee, without giving six months' notice to the other. Art. 6. The contracting parties in this convention en gage to invite any state with which both or either have friendly intercourse, to enter into stipulations with them similar to those they have entered into with each other, to the end that all the states may share in tha honour and advantage if having contributed to a work of such general interest and importance as the canal herein contemplated. And the contracting parties likewise agree that each shall enter into such treaty sti pulations with such of the Central American states as they may deem advisable for the purpose of more effec tually carrying out the design of this convention. namely, that of constructing and maintaining the said canal as a ship communication between the two ocean* for the benefit of mankind on equal terms to all, and of protecting the same. And they also agree that the good offices of either shall bo employed when requested by the other in aiding and assisting the negotiations of such treaty stipulations. And should any differences arise as to right or property over the said territory through which the said canal shall pass between the states or Governments of Central America, and such dif ferences should in any way impede or obstruct the exe cution of said canal, the Governments of the United States and Great Britain will use their good offices to settle such differences in the manner best suited to pro mote the interests of the said canal, and to strengthen the bonds of friendship and alliance which exist between the contracting parties. Art. 7. It being desirable that no time should be un nccessarily lost in commencing and constructing the said canal, the Governments of the United States and Great Britain determine to give their support and en couragement to such persons or company as may first offer to commence the same with the necessary capital, with the consent of the local authorities, and on such principles as accord with the spirit and intention of this convention ; and, if any persons or company should already have with any state through which the proposed canal may pass, a contract for the construction of suck a canal as that specified in this convention, to the stipu lations of which contract neither of the parties in this convention have any just cause to object, and the maid persons or company shall have made preparations, and expended time, money, and trouble, on the faith of such contract, it is hereby agreed that such persons shall have a priority of claim over every other person or com pany to the protection of the United States and Great Britain, and be allowed a year from the date of the exchange of the ratifications of this convention for con cluding their arrangements and presenting evidence of sufficient capital subscribed to accomplish the un elertaking; it being understood that if, at the expira tion of the aforesaid period such persons or company shall not be able to commence and carry on the pro jected enterprise, then the Governments of the United States and Great Britain :shall be free to afford their protection to any persons or company that shall be pre. pered to commence and proceed with the construction of the Bill in question. Art. 8. The Governments of the United States and Great Britain having not only desired in entering int o this convention to accomplish a particular objeek but also to establish a general principle, they heteny a uts to extend their protection by treaty stipulation to any other practicable communications, whether by canal or railway, across the isthmus which connects North Wad South America, and especially to the interoceanic com munications, should the same prove to be practicable. whether by canal or railway, which are now proposed to be established by the way of Tehuantepec or Paa In granting, however, their protection to any such canals or railways as are by this article specified, it is always understood by the United States and Great Britain that the parties constructing or owning the same shall im pose no other charges or conditions of traffic thereupon than the aforesaid Governments shall approve of as Just and equitable; and that the said canals or railways being open to the citizens and subjects of the United States and Great Britain on equal terms shall also be open on like terms to the citizens and subjects of every other state which i s w i lling to grant thereto such pro tection as the United States and Great Britain engage to afford. Art. 9. The ratification of this convention shall be exchanged at Washington within six months from this day, or sooner if possible. In faith whereof we the re spective Plenipotentiaries have signed this convention, and have hereunto affixed our seals. Done at Washington the 19 th d ay of April Anno Domini, 1850. JOHN M. CLAYTON (L.S.) HENRY LYTTON BULWEE (Lc) SyAesTtl.; yesterday A y T a .; ATTEMPT OF A MAN TO , MURDBIt HIS Wltli AND d B e u r i a c b i l n e E ex O c r i t e i tt H e z n t F° prevailed E — h l\ e ° r l e " d vi u c ri li ng Cthoenspireceding day, in consequence of the following tragical occurrence: —It appears that a man named J o h n Reyr WA, w ho had separated some time since from his wife, by acme means (which have not yet been explained), met her at North Deanes, between seven and eight o'clock on Thursday evening. They conversed together for a few minutes, when they both sat down near the North Mill. Whilst there the man began to abuse his wife, and he eventually pulled a keg c l as p knife out of his pocket, and swore that he would ‘. coot her goose." He then rushed at her with the open knife, and tried to cut her throat. The woman resisted as well as she was able, but the wretch inflicted one wound in the neck, and several over the arms and hands of the poor creature, who at last succeeded in running away. She took shelter from her husband's brutality in a confectioner's shop, where a surgeon attended and dressed her 'wounds. The lambent!, in the meantime, stuck the knife be intended to murder his wife with into his chin, the point of which extended to his throat, and then jumped into the sea. The body wassoon picked up, b u t lif e was ext i nct. L as t night a coroner's in quest was held on the body of the deceased at the workhouse, Norwich. The jury having heard several witnesses, returned a verdict of Feb de se, and the body was forthwith buried by torchlight. NORTH BRITISH RAILWAT.—The Kelso branch of _ this line, from Newtown to within about on e m il e o f K e l s o! is now readv for opening. The works for connec ti ng th• North British line with the Kelso branch of the Newcastle and Berwick Railway at Mellendean Burn are proceeding rapidly, and it is expected the whole will be completed in October.