The Sun. — London, England, 1851-07-16 00:00:00

nillers, re was in fa brts of With 'ra,nCE'r Fe Con' i pd be uld be e then' a Bon. be feat ;re in • pea 10 Ind 10 !.d with ar ,user 0 1846 3en lbe and ifferent -AI )er f o r the pe :agland ey were r a Di ade ,e, bat 1, oh! an ev of the Dt pros MOtiOtir solution ion wit' in g dolue n of the Irted by ad ROS I ee number )r such, cted; O' ud cases pardons .ch ess o by th• w o n or Sir W of the am was ld that me back otion of yen/ laorities. prero• moor [raw the inn less any MO° wo, bat are that e motiol on being re could Govern- se to the ion,*~' and Lb° A Wool' ) BILL. referred !rom the Morsel', severs' iumptio° n of the .as Mao' Teseutea of the 'rorn th e mal go' for tbo ,it serve or str ;ood or .p resew deper ility, to. roterred the ex ccurred dutedli en a re' I to the repre' it could out to at these .oprietY colony , )uld be ry able t. Mr. mbiy St OU ;111:ekrIn'tnisapplied. It is an experiment, a b ut a very sanguine man can cone t ow , verb silly or a and one which 11 l ate without anxiety." liote,etontague, in whose praise he was sure that the 4e Secretary would willingly concur (" Hear, hear," ',ln Earl Grey), said I consist retrain from expressing my doubts as to the st I lhood of eliciting good government for some time, Noah tzt from the exercise of representative institutions." a 0 Parties to whom the Governor applied expressed .0 4h . . 8 Rs to the success of the xperiment which the a ble Earl had advised them to o t ake; and all of them view ba ° Yed their t a l ent and the i r research in eedeavours ne °e t a mod e i n wh i ch that experiment could be The d out with the moot safety and the least danger. sti members of the Council were unanimous that there col Ale only b e one representative body for the whole Tr /e Y , and that t h at body should sit at Cape Town. "1' were unanimous that the constitution consist of 'Goernor 0 Legislative Council, and a House of As the y . although' one member seemed to doubt whether colony was sufficiently numerous to provide me A m se l ll for the Legislative Council and the House of 5.40 . 40 . With the exception of one Member, they were 1e unanimous that the Legislative Council should not_ an elective bdy-, but appointed by the Crown, and for med of officiel and non-official members, and that the teamed of the office should be fur lite. The Chief Jus ti of the colony was of opinion that the elective prin. Vl el Pie ought to be iutroduced into the Legislative Cott e n; ' and that the tenure of the office should not be f iR a but during pl easure. He would not enter inpzi the eat ions of the franchise, the qualification, 'betters to the Noble B eer on which a report had been made and similar ee et nrY opposite, and which were included inanordi ii:tee with the means of carrying out a representative', re. 411 /. On receiving the dispatch including this ' tar t, th *b. e Noble Secretary wrote another . dispatch, in , e he expressed himself in the following m . toe to of opini on t h at t h e v i ews o f yourself and the y a Piet Wti o . `our advisers, as to the form of the conga -Ig, u_ to be esta bli shed, namely. a representative asseni e‘apri:l. legi s l at i ve council,app Hinted by the Crow n , of th ki in the ma i n, be adopted, but many of the deta i l s nitre Plan submitted in these papers may probably re- Modific. O lt nediat 4 I°n* this occurred the misapprehension of et e te - e.y upon te a ll 4""e Earl of Derby's) meaning of which he had al did eoniplained. The Noble Earl, it would appear, not take uon himself the responsibilit which he 14 74 to have taken as Secretary of State for the Colo• tea' r ee d as a Minister and adviser of the Crown; but be l e red the views of Sir H. Smith and his advisers to a te !Y able and very competent body, but one to which no w o ( ibsibility attached, and which in spite of the names le m e teb graced it remained at this day an anomalous and a-I'4l,lllone bod male bee Y• Ia the year 1842 the petitioners !N th e Cape had asked him to lay tbeir petition bed e Committee of the Council for Plantations an " t e; but he h a l refused to delegate the decision upon bod moults Y whatsoever. The Noble Earl in - °"id..... 1 °a the dispat c h which. t•stn he had then written, fil:tua 841 Sir G eorge N ap i er transm i tte d a petition Co uncil te, inh abitants of Cape Town to the Queen ;e th in witej, f or t h e establishment of an elective as- Prayingcouncil. The form of government thus pro of s t . t a PPeared to Lord Stanley, who was then Secretary ittiv e - ' e, altogether at variance with the ordinary legis k,cliteestena of British possessions, and he consequently e e l advising her Majesty to refer the petition to the Y ekeincie" e 0 , 1. would infer from that petition that his (the h ave r herby's) objection arose cut of the form and fad e r of the petition. Nov, if the Noble Secretary legee a Pied out the words of his (the Earl of Derby's) dia eep:_e correctly, he would not have fallen into the mis of irentatiun which he had committed. His (the Earl /*ll.3br) words were these:- 1k ref aye not thought it my duty to advise the Queen der e r to the Privy Council the petition addressed to e el setaiesty ie Council, as I am aware of no reason why fr ee , 11ett departure should be made in the present cute et th e established system on which the Executive Go e,lbFrit of this kingdom and of the British colonies is tefele4nistered. The established system" to which he th e e e tt in that paragraph was the responsibility of liobieeeretary of. Seete for the colonies. Now the th e lt i ,,,sel, in his dispatch, had altered the phrase hrits'executive Government of this kingdom," into the e essi _e 2 I,', ordinary legislative system of British pos. te„ e 'n e s and by that alteration had completely ti ZA d the effect of his opinion. He was con i'6;Tl that this misrepresentation was not intentional ; t:;l.%Couid not retrain from expressing his wonder te.7_tb Noble Earl bad fallen into so very grave an ./,',n_as to the intentions of his predecessor in office. ttim_R,Noble Earl had then isken course which he (the t or r l . ?t Derby) had refused Lott ake in 1842. He re- Thit°,e,the matter to the Committee of Privy Council. uoromittee made a report on the proposed wa ftg' Gods Go o d a representative Legislature in the Cape L' al lsoftt„,r,P a, and that report was subsequently would 1 "Y the Noble Earl to that colony. He tha diff erent trouble their Lordships by going through live Co Pinions opinions of the Members of the Legisla enter" . t n" on that report. Suffice it to say, that they titutio t : (To upon their own responbility on a con tever bee e n " ,: ra lY novel in its character, and which had d entployeekr atemPlated by the able gentleman who .. ba 112 tans to di ma ch talent and research to the devising of 'cora 80„;, m ande any danger which might ascrue eilwas "' a / Noted a - change. The Legislative Coun to be I:l° , t to be nominated by the Crown, but was tee e d I ° l3 ° i nto which the elective principle not only en ho al but predominated entirely ; and a novel scheme were 80 Proposed by which t h e votes i n suc h e l ect i ons to til t° be taken. Option o ug h t to h ave b een g i ven eohe Governor and his Council whether such tkitCltittition should b e accepted or not ; but not 4' d id th e N o bl e Secretary for the Colonies wave his clu e °Pinion upon it, but he sent with the report a legal is te n uit e t which h a d a ll t h e f orce of law, and which e ht forised th e ex i stence o f a new Legislative Council 41, e 1 !liouse of Assembly, both of which were to be to b` ° e, with this exception, that . the chief justice was e President of the Legislative Council by virtue of Ile ll a t/fa ce• He then told the governor of the colony . that ''‘ltt immediately proceed to cause the prel , minary lyea On t . which might be required to be performed, with te,,, m to th e preparation of the necessary or di nances . H e i - P r oceeded as f blows:— I tle variou s d eta il s o f t h e mac hi ner y o f th e e l ec ti o n s , th e Adefinitioa of the franchise of the electors, both for ete e ie l elerably and the Legislative Council, and many %hi particula rs w hi c h will readily occur to you, are all by on which the necessary provisions will be made tilsi e r4i nanee, and not by letters patent, and as to which, ikt -or e , y ou may with a view to expenditure. theist the matter to ' be embodied in the ordinance, prepare ti h put waiting for the arrival of the letters patent be tesslves, tour of course, until they reach you f the tei l il t ca nnot be brought under the consideration o Note4',..at,ive Council." illhen this document arrived in the colony, it took IC e "" by surp r i se . I t was a new system, i ntro d uce d siti o -r who knee nothing of the country, and in oppo lertelll t i el t ile views Of those who had the l a rg e st local in ei,l44f.-.re,Etier.ry'loh theAieg views it Additional difficulties were thrown in the into execution by the strange position l W 33 placed at the time of its ate tt it l • ter In the inim, between 1846 and 1848, eirentns of the g h ad occurred which procluc, d a lamentable state - litt p ge in the ebony, on w hi c h h e did not mean ti to en• Nei-Ant P r esent, furth er t h an to say t h at t h e A nti Ce tioehi'socia,tion had started into existence. No one ke een Rondeme more strongly than ho did the violent the e ' ra a of that association. Their violence deprived . 114 asocietion of the countenance of many . persons in bOf tthintey, who thought that they had just ground ld - , ° e ln ilieint, and who would have been ready, the : P Y been leas violent, to press upon Parliament felt and.righteoueness of their complaint. He T m ilted at it great and grievous error had been coin he - ;,...°° that point by her Majesty's Government. 'thee - "Or On tie occasion met with a grievous punish he °f which the exereple would be followed not only hi e colony the Cape, but also in all our other colo -0401;e The spirit of resistance bad been evoked in s. just e • 'lnd had been carried to such an extent that, after ad reaistance on the.part of the Crown, its authority till rejected and lowered in the colony, and . n ot 'lonic but threats and menaces, and even hostilities, be en • *iv directed against the Governor on the spot, ,eleh compelled o h s i m first, and afterwards the Govern_ at home, uccumb To such an extent had the istance been carried that . by dint of violence the Le teigbilative Council was dissolved. This Anti-Convict As otion had subsequentlyorganization i e ,,t . ne colony, which now turned kw views to other _ led to a political b. jeers, and thus, when the dispatch from the Colonial te T er tary. came out, calling upon the Governor atii:ufkititeedn;tt constitution contained in the let heto the Legislative Council es then he .was compelled to write back home that /le legislative°a? no sch Council, and that for a year or more ~,:_ ra body had exi s t e d i n the colony—that tivence of mo ney h ad been illegally made—that leurt! sip p which had been taken by the Colonial Go iiewla. era was null and void, and that it was only ne tle3 "Y which had compelled him to assume the absolute epiP°ktista which he then wielded, and which he wielded 1 1 4, 1 D eeause no one in the colony would assist or advise to ut , What course, then, did the Governor take? He e t , lll ' that to 611 up the Legislative Council with the la bi ln ees of the Crown would be an absolute impossibi t4oe that, if he should succeed in filling it up, he pe pti l °llly do it by taking them from one part of the Red ali°°--It measure which w ou ld g i ve r i te to j ealousy tiny alienation between the English and Dutch populee ill s a. What, then, did the governor do? On receiving s'amatruetions from the home Government, it was ne se, d e nar y that he should reform hie Council. He referred ktOtlestion to a body consisting, in the towns, of the read'epalities, and, in the country, of the several district be t e un ards, for the purpose of ascertaining who would the the Most desirable persons, in the opinion of hee(„?joinitts, to form a portion of his own Council. int erl .' eirnor stated to the Noble Lord that it was his ael,,, t "'?tt to be guided by the lists sent in to him, and to Ge-„,-eril:e gentlemen from those lists. The result of the th e r:s botice was, that no very large proportion of unabitants or ratepayers tendered their services, I..3.neceer, out !t,560 ratepayers, only 1,298 took the trou- Pour of these their votes in favour of the candidates. tisese gentlemen were returned by a large majo 0_ but it struck the Governor that three out of the Tow n, and selected were from the division of Cape and that on, of the others (Sir A. Stockenstrom) 11 •4 t i le t ryeiepresent the feelings of the English population, Goe cpriln wa of the gentlemen at Cape Town. It the r eturneci r had appointed the five gentlemen who had been k eniher irons the greatest number of places all five ttir ne r_i 3 of the Legi,letive Council would have been re title ' t bY 'he local influence of Cape Town. Here arose th" otffieulty which be (tee Earl of Derby) had fore " i n 1 842 neuroerous ithd-pvz.b.,:,y paramount irtfleence of the more also the more wealthy division of ap e T . ebl e wn, who were able to exercise a very consider isAter6.ttelLee over the Legislature. It was indeed tad -010. AttonleePtlener"4l74r, rent; OM under SUN, TILE any system of election it was doubtful whether there would be found in the country districts per sons who were willing to undertake the expense of residing at Cape Town, and whether consequently the country districts would not be compelled to select per sons for their representatives who resided at Cape Town. The Governor, in pursuance of his pledge, selected the four gentlemen who stood highest upon the returns, but instead of selecting the gentleman who stood fifth upon the list, he added to these four a gentleman to represent the eastern districts. From that time the four gentle men who thus represented the influence of Cape Town acted as an organized opposition to the Governor, and divided together upon all subjects which arose in the new Council. He agreed with the Noble Earl in the mistaken opinion which these gentlemen had formed of the functions of the Council. Ooe of their duties was the framing of the ordinance which was to be submitted to the Crown relative to the constitution of a representa tive Legislature for the colony. But they thought fit to consid• r themselves not as ordinary represent ativ. s, sit ting by virtue of a precept issued by the Governor, not as the representatives of the el'ctora, such electors not being in tact constituted by the law, and having no pretence for giving a vote. They regarded themselves, in short, not as a representative body, but as a consti tuent body, who were brought together to frame a con stitution, and nothing more. The Council assembled on the 6th of September, and they made some pro gress in framing the new constitution. With regard to the number of electors, their qealification, the con stitution of the two Houses, the seat of Government being fixed at Cape Towu, the payment of a daily allow ance of expenses to each member, the exclusion from the representative body of all officers connected with the Government, there was perfect unanimity of opinion. But these four gentlemen were defeated by the official members and the unofficial members from the eastern districts upon some very important questions, namely, whether the qualification for a member fur the Legisla tive Council should be the same as for a member of the House of Assembly; whether the two Masses should be elected for the same period; and whether the Upper House should be elected by the entire colony, acting as one constituency. Upon these points he thought these gentlemen wrong; for if the Legislative Council were returned by the same body, subject to the same influences, and animated by the same popular passions as the members of the Lower House, they would be a mere repetition of the House of Assembly. Being defeated, however, on these questions, these four gentlemen declared their intention not to legis late on any subject except the establishment of a new Legislature, and to leave all the business of the colony in a state of confusion. This decision left the Governor in a state of some embarrassment, end he took a course which, although condemned by the Noble - Earl (Grey), he (the Earl of Derby) thought him warranted in taking. He had no Legislative Council legally consti tuted, and for this reason, that by the letters patent constituting it the Legislative Council was to consist of not less than 10 or more than 12 Members, six of whom were to be nominated members. By the resignation of four out of the six unofficial members the Legislative Council was left with only eight members, and was therefore not a legally constituted body, and had neither instructions nor powers to act. But the Governor deter mined to refer to the other eight members the report of the Committee of Privy Council for Plantations and Trade, and the duty of framing a representative consti tution for the colony. These remaining members of the Council proceeded to execute their duties, and they transmitted to the Secretary of S.ate the draught of a constitution which might have been passed by the Crown, and which would have put an end to the confu sion in the colony. He did not say that the draught cons itution was perfect, but it furnished a basis for le gislation, with the details filled in by the persons most conversant with the affairs of the colony. But atter the proceedings of the Committee of the Council the Governor felt that the difficulties in the way of representative government were more formid able than bad been anticipated. In the first plate, the overwhelming influence of Cape Town upon the constitution of the Legislative Council was manifest. In the next place, the granting of representative insti tutions had evoked a desire for a separation between the eastern and western portion of the coital, on the ground that the eastern portions, which were British, would be ()verb erne by the influence of the Dutch in the west, thus introducing another of those differences which ho (the Earl of Derby) had pointed out in 1842. The Governor .aid he could not refrain from expressing the opinion, that there was some probability that under a Legislature purely elective the c sloured classes, who constituted three-fifths of the population, would b csmpellet to en ter into contracts for a lengthened period, and, by means of vagrant laws, with severe punishments and penalties, would be reduced to a state of virtual slavery. Under these circumstances the Governor reiterated his opinion, that for the protection of the coloured classes the Leg a lative Council should be nominated by the Crown, and should not be elective. The Secretary to Government concurred in that opinion, and so did the Treaairer- General. The Attorney-General said, that although it was desirable to establish a nominated Council, yet that, after the expectations that had been held out, it would be hardly safe to withdraw thr proposal of an elective upper house, and that the principle of election must be agreed to. He (the Earl of Derby) held, that any dare ger and any hazard ought to be preferred to the disgrace of violating the pledges held out by the Government. The Noble Earl (Ears Grey) disapproved of the course taken by the Governor. He said— " With regard to the course taken by yourself in con sequence of the difficulty in which you were placed by the resignation of the four members who retired from the Legislative Council, I cannot convey to you the final judgment of her Majeaty'a Government its the.ab- Bence of the fuller information which I am led to ex pect; but . I must not conceal from you that lam alto gether unable to understand, from that which has already reached me, your reasons for having considered it necessary to int erru p t t h e s i tt i ngs of the Legislat i ve Council on account o f t h e res i gnation of four of its Members. What was t h e o b stacle to your making new i‘n the p d ro to ce p e a d s i s ng th w e rpso to o consider lent s, oor nordinanceremfoari ncionmgphileteilung ter' the constitution—though it seems to have been con sidered insurmountable by your Executive Council well as by yourself—l am entirely at a loss as to con jecture." rho Governor's answer to the rebuke that he might have proceeded with the remaining Members, who formed a quorum, was that the Legislatiie Council was not a legal body if it did not consist of at least ten Members, six of whom should be persons nominated by the Governor, and that the Noble Earl had mistaken the numbers necessary to form a quorum when there was a complete Council of ten for the Members suf ficient to constitute a legislative body. With regard to the suggestion that he might have filled up the vacancies by new nominations, he said that he could not have done so without reviving those differences and those jealousies between the Dutch and English inhabi tants of the colony which bad so formidably increased of late. The Governor added— " If it be your wish that I should proceed to business with the present Council, considerieg it competent to legislate, I shall do so. If", on the contrary, you should instruct me to complete the Council by new nominations, I will take that step so as to give as little dissatisfaction us possible. But I cannot but think that, with .the in formation now before your Lordship, it will be practi cable and preferable to provise ter the introduction of representative instituions by some instrument to be issued in England, whenever that measure can bs intro duced with a prospect of benefit to the colony." He (the Earl of 11. rby) thought that the Governor might have obviated the difficulty that hai arisen by refusal to accept the tendered resignation of the lour rnewbsrs of the Legislative Council.—(e Hear, hear," from Earl GREY.) The Noble E .rl cheered him, but that was a suggestion which he did not find in any per tion of the dispatches of the Noble Earl. The Noble Earl on receiving this answer sent out a dispatch, in which he said that it did not alter his views, but that as the resignations were accepted. he insisted that the Go vernor should go on wa h his diminished Council, and proceed to frame a new legislative constitution, and in the meantime to perform all the functions of a legisla ture, and he transmitted fresh instructions to continue the Legislative Council with six official members only. The former instructions set forth that " the Legislative Council should consist of not less than ten persons." But the fresh instructions declared the meaning of these former instructions to be, that the governor might carry on the government with a Legislative Council not ex ceeding six in number, although they might all be official members. The Noble Earl added:—" When the season returns for taking into c o n s ideration the constitutional ordinances, it is provided by these instructions that the ouneit Should b e reco n s ti t ut e d on its former basis." To show the w pertinacity with which the Noble Earl adhered to hisit was proposed that the Chief Justice shouldn views, bet the President of the Legislative Council. This was provided in the letters Patent, and it was not competent to deal with that with out a fresh enactment. But the whole of the Legislative Council signed a petition, praying that the Crown would rescind that appointment, it bein g, in their opinion, in consistent with the ftteetions of the Chief Justice to preside over that assembly. They, therefore, prayed that the letters patent might be rescinded. " No," said the Noble Earl; "it would be very awkward to make an alteration in the letters patent.. He agreed with .the Noble Earl in this opinion, but th en t h e y ought not to have been issue] in the first instance. The Noble Earl said, in the first place, that tea meant six, and that with six members the Legislative Council might proceed to discharge its functions; but he held an opinion, signed by three names entitled to respect, Sir F. Kelly, Mr. Walpole, and Mr. Kenyon, declaring that such a reduction in the number was illegal, and beyond the powers that the Crown possessed, and that the Crown having granted a constitution to the Cape, it could not be restricted or restrained so as to exclude from the Legislative Council all those who were not nominees under the Crown. He was not competent to discuss the legal question, but he should be tollowed by a legal authority in that House whose opinion was entitled to still more respect than that of the gentlemen he had named. The Governor pointed out, with reason, a course which he thought would be satisfactory to the colony, namely, the final and early adjudication of this question by the authority and intervention of Parliament. He regretted to say that after what had occurred he believed there was little chance of such a constitution being acceptable to the colcny. To au Act of the Imperial Legislature all sec tions of the community would defer, and that alone would solve the problem that had threatened the whole framework of the colony with dissolution, more especially if a power were reserved by the Legislature, so to be constituted by a majority, to alter and amend the institutions, whi c h, i n the first instance, should be granted with the authority of Parliament. Such a provision the Legislature had introduced into tee Act of last session- relative to Aus•ralia, and it was most important that this subject should not be long hung up to kindle fresh animosi ties. lie might have hesitated to grant so large a mallitite of representable • gorernmout as that sow pro. LOND posed to be granted to the colony. But he would say that, as such a proposal had been made on such high authority, and as it had obtained the sanction of the colony, and the implied sanction of the Crown, any danger or risk was to be encountered rather than not fulfil those expectations. He 'called upon' their Lord ships to interpose by their , authority between the scheme of the dissenting members on the one hand and that of the official members of the Legislative Council on the other. With the opinions of the Go vernor and of each individual member of the Legisla tive Council—with all the authority and inform:L.4)n they could desire—the labours devolving upon such a Committee need not necessarily be of long duration. And if it should happen that the consideration of this subject should add a week or a fortnight to a setoion, the close of which was so much de•ired by him as well as their Lordships, he believed that a small portion of the time of Parliament would be well bestowed by conferring it up in t is distant colony—torn by intestine convulsions and di,tracted by external war—weakened as it was by the disinclination of the colonists to stand by the Crown, towards which they were rendered disaffeced by these disputes. If their Lordships could strengthen the authority which had been hitherto cordially recog nized by the colony—if they could strengthen the hands of the Government by adopting or amending the scheme of the Government for conferring the represen tative institutions on which the colonists had set their hearts—if they could invite the colonists to engage cor dially in the defence of a territory which was the native home of many of them, and the adopted home of all, if by a slight delay they could secure the results which would iel low from such an invaluable interposition of their autho rity as would restore peace to the colony and that friendly communication between the authority of the Govern ment at home and the inhabitants of the colony— hen tie asked for no party triumph.—(" Hear, hear," from Earl Grey.) He did not say he was not desirous that his motion should be adopted by their Lordships, but he urged their Lordships to adopt it, not because he desired to gain a triumptl or to inflict a censure upon the Noble Earl, but because he was anxious to see the friendly as sistance and co-operation of Parliament tendered to the Government for the purpose of strengthening their hands, and that in the only manner that would be sa tisfactory to the colony and to the well-working of those institutions which they all desired to see maintained in the colonies. He had now to move for the appointment of a Select Committee, and to state that the objsct he had in view, was that with the least possible loss of time a Bill should be passed during the present Parlia ment which should settle at once and for a lengthened period this most difficult and complicated subject. • Lord LYNDHURST rose, but was interrupted by— Earl GREY, who rose at the same time, and claimed to address the House immediately, as a matter of usage after the speech of the Noble Earl. A short altercation ensued, the Duke of Richmond rising to urge Lord Lyndhurst not to abandon his inten tion, and the Marquis of Clanricarde, as was understood, to move the adjournment of the debate. At length Earl GREY proceeded. He confessed he was sur prised, after the long and able speech of the Noble Earl, that after having occupied their Lordships' atten tion for nearly an hour and a half, be should at length, in a very few sentences, dispose of that which seemed to him the most difficult part of the subject. The reasons in favour of the motion with which he had concluded. The Noble Lord's review of the subject would oblige him, too, to allude to past transactions. There were one or two points to which it would be now necessary for him to refer. First, with regard to his dis patch of 1832, he said it was not meant as a refu sal of representative institutions to the Cape of Good Hope. Now, so far from that, it was not only a refusal, but it was as strong an opinion as a Secretary of State could express, that however desirable it might ultimately be to establish representative institutions at the Cape of Good Hope, the time for making that change had not yet arrived. Then the Noble Earl said that his (Earl Grey's) dispatch to Sir Henry Pottinger was meant to imply that a conclusion had been come to on the subject by the Cabinet, and only counselling him as to how and when the alteration was to take place. He could only say that such was by no means the intention of his dispatch, even if the wording of it could boar that interpretation, which he could not find that it did. The Noble Lord, too, had spoken of this dispatch -as if ad dressed to the colony, which in that case would be a prelude to the absolute introduction of free institutions. Now, the fact was, that Sir Henry Pottinger, most properly, laid it before his Ex- cutive Council, but until February last he was not aware that it had been seen by any other human being. It was forwarded alone for the consideration of parties there, and did not at all pretend to lay down as a matter defini tively settled, whether representative institutions ought to be introduced or not. If the Noble Lord would refer to the opinion of Mr. Montague, be would find it stated that though it was expedient to give representa tive institutions to the Cape of Good Hope, yet it was a critical and anxious experiment, and that opinion was founded alone upon the state of things which prevailed in the colony. He said there was . no transition step be tween the centralisation of power and represents ive go vernment. A transition state of government had indeed been established there about fifteen years ago, but it had failed to co, ciliate public opinion, or to acquire public confidence—it bad practically failed; and therefore, having gone so far, there was no other halting-place be tween that and representative institutions. And when Sir H. Smith, the successor of Sir H. P. ttinger, found that those opinions were entertained by all the principal members of his Gov, rnment, and that there was evi dently a great public feeling in favour of a change, he did make known to the colonists by the medium of a public answer to a request, that having been re quested by the Secretary of State to ascertain whe- Cher representative institutions might not be estab• liahed at the Cape, he had come to the opinion that such a change might be usefully made, and had so reported. IL then came to be a question how the repre• sentative system could be established with least danger, and with the greatest p-ssible chance of success. This was a very difficult and a very serious task—so dif ficult, indeed, that but for the still greater urgency that drove them to the change, he confessed he should almost have shrunk from carrying it into effect. It appeared to him, under the circumstances, that the best course was that the whole subject should . be referred to the Committee of the Privy Council. That Committee pre sented him with the united assistance of the President of the Board of Trade, the present • Lord Chief Justice, Sir Edward Ryan, the Noble Lord near him, the Vice- President of the Board of Trade, and Sir James Stevens. But though prepared with great care, the report of this body was nothing, until it was confirmed by her Majesty in Council, and first it had to be submitted to, and ap proved by the Cabinet. Therefore, when the Noble Earl said that no one was responsible for that measure, he (Earl Grey) said that the Cabinet and the Privy Council were as responsible for it as any other. And here he would make a few observations on that subject. He kuew that this mode of proceeding had given great satisfaction in the colonies, and it was adopted in the Aus tralian Colonies Bill. The consequence of having a Bill thus matured was, that though this Bill was for many weeks under the consider atiou of Parliament, and though its every clause was cri ticised in a hostile spirit, the result was, that by large majorities the Bill was passed by Parliament, with no one essential modification. The Noble Earl objected, however, to the recommendation of the elective council. He (Ea.' Grey) would not argue that point now; but still, having been formally made and announced to the colony, it ought not now to be withdrawn, and those messures ought to be carried into effect. He was glad to find that the Noble Earl yielded his assent to that view of the point; but he (ELrl Grey) must add, that he still adhered . to the report of the Committee of Council. The original institwion was, that the council was not an ind pendeut b )dy at all. It was so at the present day in Jamaica, the most ancient of our colonies. It was the mere privy couwAl of the governor, and at this day had not the power of originating a bill of any kind whatever. He believed that was the universal practice in all our colonies, up to the passing of tho Canada Act, in 1791, in which the legislative assembly was, for the first time, put upon a very different footing. It was then m.tde a body of members appointed for We; and not con sisting chiefly of persons holding office, and, therefore, practically independentof the Government and the people. There was a perpetual quarrel between the Legislative Council and the Assembly in consequence. He still thought that having a body elected by a wide franchise, it was well to have another body having larger powers than the Council, to share the responsibility of legisla tion with the Government. At the Cape even, where there was no Assembly, considering all circumstances, he was persuaded that if an attempt had been made to create one, consisting of members named by the Crown for life, the result would have been that they would have had a body possessing little public confidence, and they would have lost the servic.s of the most useful and the most experienced men. He must now come to the state of things that prevailed when the letters patent of 1850 reached the colony. The Noble Lord had referred to the circumstances, and he was sure he, too, should be permitted to do so. He thought that the Governor acted for the best, but the result showed that it was un fortunate. The letters patent provided that the exist ing Council should act until writs were issued under the new authority for a Representative Parliament. Their wish was, and their acts tended, to place all power into the hands of the Representative Assembly, without check or control. The meeting of this body, a half-civilized population, r w e a p s r e i n s e nti itselfng , t a o n s o e m x p e e e r x im te e n n t i, and not unattended with some degree of danger. The unchecked and uncon trolled expenditure of the colonial revenue by such a body would neither have been constitutional nor safe. It would have produced a certain quarrel with the Ex ecutive Government. When ordinances, tending to check this result, were prepared, four members of the Council tendered their resignations. The Governor should have declined to accept their resignations; but as they had been accepted, it was too late to go into that question. When instructions arrived from borne, the Governor being engaged in putting down the Kafir re bellion, found it impossible to act upon them for the mo mbleenitn. t hTehmeeGovernor that then he reported e t h a a b t l i e t t w o a carry a r des- ry i roan the government with a Council of six members only. yactcothedatteoff, s a e nd instructions t.ltwasth were sent out to these That tcuoweltoainos acceded es that was in dispute. They had been ap prarotevleyd w o o f r b d y ,d, the s, l ,d aw h o e ffic ha er d s O t f o the o m e r e tiw e x n t , e h n u t t,u nfor tu n ately, in the hurry of busi ness t h e di spatc h was misappre hendedinaccu- rately the grounds upon which that opinion was given. He took blame to him p s u e i l o f n to uf th s a i t r e E x . t i e i n e t li) b ,, u sa t r n . o w fa a r ip th o e le r : thate i he was wrong, he might observe what Withl o that the opini ons o f l awyers were sad d little g r was wl respecte weight e g h t °known,tnh unless they had seen the case. The law officers of the Crown had had the case laid before them; whereas, in the case laid before Sir Feel-0y K e ll y, the facts were not correctly stated. It was said that a con stitution having been once granted, no power could sus pend that o9nstitution but the sCrowmtuad the ,Imperial , - wED-NESDAY Parliament. This case was expressly provided for in the new constitution. That important clause was alto gether omitted in the case placed before Sir Fitzroy Kelly.—(Bear, hear.) The.case put before these lawyers . was not only inaccurate but directly the reverse of the truth.—(Hear, hear.) Their opinion, therefore, was of no weight, and must at once fall to the ground.—(Hear, hear.) He wished the constitution to be brought into operation at the earliest possible date. It was nothing but unexampled famion that had prevented it from being now in full operation. The Government at home and in the colony had now united to remove the only obstacle to this constitution. But the Noble Lord wished them to legislate on the subject. It would, however, have been better for him to have moved an address to the Crown to remove the seeds of office from his hands. It would be rather an ex• raordinary course to be called upon at so late a period of the session to' intro.;uce a Bill with respect to the constitution of the Cape of Good Hope. If such a Bill were now introduced, it would lead to almost interminable discussion. The ceremony of prorogation of Parliament would be altogether unnecee sary, for he did not believe they would have concluded their labours until the period hail arrived for again corn mencing them. Legislation, he admitted, might be ne cessary, but he thought the appointment of a Select Committee more than useless. If the Noble Lord consi dered that the instructions bent out to the Cape were improper, his clear course was to move an address to the Throne, calling on her Majesty to rescind the orders therein contained. The course proposed by the Noble Lord, he believed, was not one calculated to promote the peace or safety of the Cape colony. I t was his duty to look beyond this country, and if they considered the sub ject iu that way, be did not think they could do anything more dangerous to the" peace of the colony than the ap• pointment of the Select Committee. It could have no other effect than to weaken the authority cf the Gover nor and to strengthen and back up the factious party who opposed him. It was indeed nothing short of an attempt to force the Government to alter a course of policy which bad not been adopted without full and careful consideration. The factious party to whom he had alluded trusted to the exertions of the two parties for the realization of their wishes—the Dutch farmers, on the one hand, and the party organized during the anti-convict agitation on the other. The discontent of the Dutch boers was to be traced to'slave emancipation in 1333. They revolted from British authority, and it was by force of arms that the Noble Earl opposite had succeeded in re-establishing the power of the Crown. Their object was a republican 'object. They desired to set up a republican form of government, and they did not disguise it. This was one of the parties who sustained the men now seeking to have the course of con duct adopted by her Majesty's Government reversed. The other party was , the anti-convict party. It was never intended, he might remark, to make the Cape station for any convicts beyond those that were sent out in the Neptune, necessity arising from a great increase in the number of persons sentenced to transportation rendering it advisable to send a portion of the con victs to that colony. The Noble Lord then, at some length proceeded to show the violent character of the measures adopted by the anti-convict party, and the spirit of persecution adopted by them towards Mr. Stamford, who, contrary to the wishes of the inhabi tants, when the Neptune was in Simon's Bay, supplied food to the convicts, and thus prevented them from suffering the pangs of starvation, which the anti-convict party actnally attempted to inflict. The only consequence of the carrying of this motion would be to cast a censure upon the Government. If that censure were justly due, he said at once, propose it directly, that the Government might resign its functions; but let them not t , ke a course which would fetter its po licy, and deprive that policy of its best chance of suc cess. He called upon their Lordships, therefore, to re ject the motion whioa had been submitted to them by the Noble Earl opposite. The Earl of MALNIESBURY said he had no wish either to humiliate the Noble Earl, or to lessen the power of the Government, but to ask the Noble Earl to fulfil that which he bad undertaken to do. He called upon the Noble Earl to perform work which he ought to have done, and which he would have performed bad he not abdicated powers which it was his duty to have exercised. The power of the Board of Trade in these matters, was an ancient institution of the country, but in the time of Charles 11. it was suspended by the Privy Council. The Noble Lord had voluntarily resigned powers on the pretext of valu able assistance which the machinety of the state thus afforded him. But, in resigning his powers, the Noble Esrl had at the same time resigned his judgment. Would' it not have been better had the Noble Earl not sent out a positive form of constitution, but had left the details to the Council of the colony ? Instead of doing so, he had tied up their bends, and rendered it quite impossible that the experience of that body could have been usefully employed in this important and in tricate business. The resignation of Mr. Fairbairn and others bad only been provisionally accepted by Sir Harry Smith, and when the news of them came to England it was much to be regretted that her Majesty's Govern ment did not send back word that it refused to recognise them. The Noble Earl said that a Committee was not the place for these discussions, but he must say he knew of no tribunal more appropriate. He censured the ti midity with which he surrendered his power and aban doned his opinion respecting the constitution; and, above all, he censured that general policy of the Noble Earl which had so often been censured before. He _ thought that the occurrences at the Cape afforded an other instance of the unfortunate tendency of his Lord ship's policy, and that no time should be lost in repair ing it.—(Hear, hear.) Lord CR AN W Wall said that the legality of the course pursued by the Government was undoubted. The conqueror of any country became absolute sovereign, and so he remained until he divested himself of that right by granting a constitution. There could be nolegis lation except by Parliament. His late Majesty became absolute sovereign of the Cape of Good Elope by con quest. How had the Crown divested itself of the rights belonging to it? By letters patent of 1847 two councils were constructed for the Government of the colony. There could not be the least doubt but that the Crown had the power to vary these instructions. From the moment of the issue of these instructions the Government and Coun cil had the power of legislation. But further, her Ma jesty reserved to herself andosuceessors their undoubted right to allow or disallow any law that might not appear necessary kir the peace and good order of the colony. Her Majesty, with the advice and consent of Parliament, might revoke the whole original instructions, and she had done so; revoking what was done before, and sanc tioning a Legislative Council in a different mode. These Orders in Council had been contieucilly made, and if they were illegal in this they were in multitudes of other in stances. Lord LYNDHURST' would not follow his Noble and Learned Friend upon the general question, but would confine himself to the legality of these Orders in Council. Those able and eiraideut council who had been consulted had given their opinion, after mature and deliberate con sideration, that they were illegal. The Noble Earl had stated that the case was incorrectly stated to th ese learned gentlemen, but he was authorised to say that they had had a view of these letters patent, a nd that they did not affect th e quest i on. H e shou ld no t state any opinion of his own on this subject, but merely the grounds upon which these learned persont who had been consulted had proceeded. It bad been laid down by that eminent jurist and lawyer, Lord Mansfield, that if once the Crown granted any element of fr, edom, it could not be revoked. That was the point in this case. Had not the Crown granted an element of freedom? The tree elements of the council bad 13, , en taken away. The numbers originally fixed fer constituting that Council were twelve, but now they were reduced, and it was permitted that the ElltiO rity of the Council might be official men. Could any mail say that the present question WdS not one of doubt and difficulty? He had , now stated the case in its legal bear ing, and he left it to the consideration of their Lord ships; but, before he concluded, he desired to say a word on the policy of the question. From the course pursued. it was plain that the Government desired the Council should consist principally of official men. This was re trogression in the scale of legislation. It was unjust to the c.dony, and was such a system of government that no wise or pradeet administration ought to pursue. He should like to know why the constitution of the Cape was not now completed. The ()while had been sketched by the Noble Lord, and the details were filled in. What was the reason of the procrastination displayed? The LORD CHANCELLOR said, that while be ad mired the ability displayed by his Noble and Learned Friend, he yet felt cons rained to differ from the legal view of the question which he had just propounded to their Lordships, and he could not avoid observing upon the fact, that throughout the Noble and Learned Lord' very, lucid statement, he had most carefully avoided expressing any opinion of his own on the merits of the question discussed. The judgment of Lord Mansfield, which his Noble and Learned Friend had referred to, did not bear upon this question. The " Proclamation," not "Commission" there mentioned, merely gave a complete constitution to the island of Grenada, leaving nothing to do but to . call an Assembly as soon as the state of the colony would permit it. Their Lordship would, however, observe that there was no reservation either by the King or otherwise, to legislate before the arrival of the writ, but rather the contrary. The pre sent state of facts stood thus—ln 1847 the Crown issued its letters patent to its officers at the Cape to call a Council, and in that it merely conveyed to its officers in the colony a right to exercise its prerogative to legislate for the colony. That authority, he maintained, was at all times revocable by the Crown, and might be re called, for instance, if the Council were not called in conformity with the instructions from time to time fur nished. The colony being subject to these letters patent, he would consider whether at any time the Crown had since revoked the power which they con ferred. In 1850 it issued new letters patent, reciting the preceeding ones as far as was necessary, and incor porating certain of its provisions for that purpose. These letters patent amounted to a declaration by the Crown, a royal promise on its part, to grant a constitutional form of government, the precise nature of which was thereafter to be settled by the Legislative Council in the settlement, subject always to the approbation of the Crown. Now be would challenge any lawyer to con tend that it was ever intended by the Crown to resign its power of moderating this assembly, by virtue of the words " present Legislative Council." These words, he ountended, meant simply the council, as it then was, without reference to whatever form it might subsequently assume. Suppose it had been a charter creating a body of twenty to consult on :a cor porate act. All that was necessary to the performatce of a corporate act was, thai there should be present a majority of twenty; and so in the present instance, the council Laving beau left after the resignation in precisely the same state as it was before, every corporate act depended merely upon a m a jority for its va lidi ty. He wished to understand wh ether it was meant to contend that .very letters patent was a grant to a colony not revoked. If that were so, What had become of those EVENING, JULY applying to other colonies, which had been dealt with in a similar way by disposing of them under this reser vation? Ho would now briefly consider the opinion that had been referred to on these points. Having re ferred to the letters patent, he would now refer to the opinion that it was not competent to the Sovereign to limit a constitution once granted. But they m us t nut take one portion of these instructions •without the other portion. They must take the reservation with them. What was the great constitutional doctrine? Was it not that the power of the Crown could not be taken away excist by express words, and not by intend ment? Was not the power of the Crown expressly reserved? By the letters patent of 1850 a further grant of a constitution was made, but, said the Noble Earl, as a large portion of the population are absent at the war, and it would not be just to a!love a portion of the popu lation to exercise their powers, reserve the constitution till their return. and in the mean time do nothing more than is necessary to carry on the Government. That was called an abrogation of the constitution. The only grant was the grant or promise of a future constitution, but no one knew what it was until it was called into operation, and till then it was perfectly legitimate for the existing Council to act. There was. therefore, no doubt but that the colony bad now a Legislature with perfect authority. Well, what was a Committee to do? Had they any Bill to form, any evidence to acquire? Could any one deny the prerogative of the Crowe to legis late for the colony, under the authority of the Im perial Parliament? Could anything be more injurious than to weaken the authority of the Crown at the pre sent moment in the colony ? He, therefore, trusted their Lordships would vote rig iinst the motion. The Duke of ARGYLE said that a vote of that House must tend to maintain or derogate from the au thority of the Imperial Parliament.—(Hear, hear.) He had read these papers with the deepest attention, and he felt he could not vote for the motion of the Noble Earl. Not only did be object to a vote of censure on the Noble Earl (Earl Grey), but he would say his con duct towards the colonists at the Cape had been marked by a liberal, if not too liberal a policy. He thought the Governor (Sir Harry Smith) had acted in a most liberal and conciliatory spirit towards the colonists.—(Hear, hear.) He was in favour of legislating for the better government of the Cape colony; but he thought that, at this late period of the session, it would be almost useless to introduce a measure with that object. Looking at all the circumstances of the case, he could not give his vote for the motion brought forward by the Earl of Derby. Lord WHARNCLIFFE opposed the motion. Earl GREY explained. He had stated that the Go vernment would. at their own time, and in their own way, proceed to bring into operation that reformed con stitution which had been promised. As soon as the draught ordinances could be prepared, they should be sent out to the Cape, and Sir Harry Smith was fully aware of the course which it was intended to take. The Duke of NEWCASTLE said that nothing bad occurred in the course of this debate to shake the opinion he had formed with reference to it from the first, that legislation was the best, if not the only means, of dealing with the subject. He confessed be was dis satisfied with the explanations the Noble Earl the Colo nial Secretary had given to the House. On the other hand, he conceived that his Noble Friend near him should afford some explanation of the scope and objects of the Committee which he asked for, should the House be disposed to grant it. Ile had no desire to be drawn into a party vote, and still less to pass a vote of censure against the Government. If his Noble Friend's object, therefore, coincided with the course taken by the Noble Lord near him, it would be impossible for him to vote with him. Considering, however, how many and how eminent lawyers had differed in their views of the legal part of the question, he thought, to say the least of it, that the propriety of what the Government had done was very questionable, and that the subject should be set at rest by l eg i s l a ti o n. If he understood the mo tion of his Noble Friend near him to have that object in view, it should have his assent, and he could assure the Noble Earl opposite, that ho should do so without any intention whatever of entering into a condemnation of his policy. He believed his Noble Friend's motion to be limited, as it ought to be, both in its object and in Its intention, and, without that belief, it should cer tainly not have his support.—(Hear, hear.) The Earl of DERBY replied. He wished to have the papers referred to a Committee, with a direct view to immediate practical legislation. He could not believe that a Committee would require any lengthened period for consideration. And in this motion be did not intend toinvolve any censure upon her Majesty's Government, but he thought immediate legislation indispensable. Their Lordships then divided, when there appeared— Contents ... ... 68 Non contents ... 74 Majority for the Government Proxies were not cant d for. Their Lordsbips then adjourned at One o'clock. -6 PARLIAMEN TAR Y DIVISIONS. (From the Votes and Proceedings of the House of Commons.) TUISDAY, JULY 15. MILLING TRADE (IRELAND). Motion made, and Question put, "That this House will, on a future day, resolve itself into a Committee, to take into consideration the present state of the milling interest in Ireland." The House divided: MINORITY—AYES, 93. Gaskell, J. M. Mundy, William Gilpin, Colonel Nugent, Sir Percy Gooch, E. S. O'Brien, J. Goold, Wnydham O'Brien, Sir Lucius Granby, Marquis of O'Flahcrty, Anthony Grogan, E. Packe, C. W. Hallewell, E. G. Plumptre, J. P. Hamilton, Geo. A. Portal, Melville Hamilton, J. H. Prime, Richard Hayes, Sir E. Renton, J. C. Heneage, Edward Reynolds, John Henley, J. W. Rushout, Captain Herries, J. C. Scully, Francis Hodgson, W. N. Seaham, Viscount Howard, Sir R. Stbthorp, Colonel Hudson, G. Smyth, John George Jones, Captain Spooner, Rickard Langton, W 11. Stafford, Augustus Lennox, Lor I A. Stuart, John Lennox, Lord 11, G. 3-, urt, 11. G. Leslie, C. P_: Taylor, Colonel Lindsay, lion. Col. Thompson, Alderman Lowther, Colonel Tyler, Sir G. Mackenzie, W. F. Verner, Sir W. Magan, W. IL Vesey, Thomas Meagher, ThomaS Vyvyan, Sir R. R. Mandeville, Vis. Vyse, R. H. Manners, Lord G. Willoughby, Sir H. March. Earl of Wynn, li. W. Maxwell, Hon. J. P. TELLERS. Miles, Philip W. S. Naas, Lord Mullings, J. R. Newdegate, C. N. Anstey, T. C. Archdall, Captain Baldock, E. H. Bankes, George Baring, Thomas Barron, Sir H. Barrow, W. H. Bateson, T. BLuldfoid, Marquis Boldero, Henry Blab, Sir It. G. Boyd, John Bramston, T.:W. Brisco, M. Brooke, Lord Brooke, Sir Arthur Buller, Sir Y. Burrell, Sir C. Burroughes, 11. N. Butler. P. S. Cabbed, B. B. Chichester, Lord J. Christopher, R. Con°ily, Thomas Dick. Quintin Disraeli, B. Dundas, George Dunne, Colonel Edwards, Henry Forbes, Win. Pralineld, J. W. Gallwey. Sir W. P. Adair, llugh E. Aglionby. Henry Alcock, Thomas Anderson, Arthur Anson, Colonel Armstrong, B. 13. Baines, AL. T. Baring. Sir F. T. Bell, Jacob Bellew, K. M. Berkeley, H. F. Birch, Sir T. MAJORITY—NOES, 128. Elliot, John E. Paget, Lord A. Evans, John Paget, Lord Clarence Ewart, William Palmerston, Via. Fergus, John Parker, John Ferguson, Sir R. Peehell. Sir G. Fitzwilliam, G. W. Perfect, Robert Forster, M. Pinney, William Freestun, Colonel Ponsonby, C. F. Geach, Charles Power, Dr. • Gibson, T. M. Price, Sir R. Goulburn, Henry Ricardo, Osman Graham, Sir Jaines Rice, E. R. Oreille% C. Pascoe Rich, Henry Greniell, Cnarles W. Roche, E. B. G ey, R. W. Riunbold, C. E. Grosvenor, Earl Russell, Lord John Hall, Sir B. Salwey, olonel Bellybutton, Lord Sanders, J. Ilanmer, Sir John Sclioletleld, W. Ilastie, Alexander Seymour, Lord Ilatchell, John Smith, J. A. Hawes, Benj. Somerville, Sir W. Headlam, Thomas Spearman, H. J. Henry, Alexander Stanstleld, W. R. C. Herbert, Sydney Sutton, J. H. Heywood, James Tancred,ll. W. Hobhouse, T. B. Thompson, Colonel Iloll9nd, Robert Thornely, T. Howard, Lord E. Trevor, "1 homes Hume, Joseph Tufnell, H. Kershaw, James Vane, Lord H. Lebow:here, Henry W almeley, Sir J. Lawley, B. R. Watkins, Colonel Lewis. G. C. Wilcox, B. M•Ghle M'Gregor, John Williams, John Martin, John Wilson, James Ma , heson, Colonel Wilson, Matthew Melguud. Viscount Wood, Sir Charles Mauer, W. M. Wood. Sir w. P. Mitchell, T. A.. Wrightson, W. B. Morris, David Mostyn, E. Murphy, P. S. Osborne, Ralph Blackstone, W. Blair, Stephen Bouverie, E. P. Boyle, Colonel Brocklehurst, J. Brotherton, Joseph Brown, W. Bunbury, Edward Cardwell, Edward Carter, J. B. Cavendish, C. C. Cavendish, W. Chaplin, W. J. Charters, Francis Childers, J. W. Clay, James Cobden, Richard Cockburn, Sir A. Cowan, Charles Cowper, W. F. Craig, Sir %V G. Crawford, W. S. Crowder, R. B. Davie, Sir Henry Dawes, Edward Denison, J. E. Duncan, Viscount Duncan, (*vow Dundas, Admiral Dundas, Sir David Ellice, Edward Ellis, John TELLIES. Hayter, W. G. 1111, Lord M. CONCERT.—Mr. W. Binfield gave a second con cert at the new Beethoven Room, Queen Anne-street, on Friday night, his first having taken place on the 13th inst. at Willis's Rooms. The performers were himself, his three sons, William (pianoforte), Henry (harp), and Augustus (pianoforte and concertina), and two daughters, Margaret (concertina), and Louisa (harp). Mr. Binfield himself is a vocalist, and plays the violoncello and the pianoforte. There was a very genteel audience, though not a very nu merous one, and all present appeared highly pleased with the display of talent which the tyros exhibited. The elder son, William, has great execution; his fingering is facile, and he has a true feeling for the art. This was evidently dis played in the larghetto of Chopin's " Grand Concerto," and a study of Moschelles. Augustus is a lad of even higher promise; his soul seems to be in his playing; and if life is spared to him he will be a first-rate performer. Henry, as a harpist, promises to emulate his brothers on the piano; his execution is remarkably brilliant for a lad of his age, not being, we should suppose, far advanced in his teens. Miss Binfield plays beautifully on that difficult instrument the concertina; and Louisa, who does not appear to be more than six or seven years old, is already able to play the harp better than many we have heard of three or four times her age. These young people seem to be all naturally musi cians, and when they perform together the ensemble is most attractive. This was shown in Chopin's. " Grand Concerto," and in Mendelssohn's " Wedding March," arranged by Mr. Binfield for two harps, two concertinas, and two pianos. This charming piece of " fairy-like music " was so admirably performed that it elicited an unanimous encore. A duet on the pianoforte and harp by Miss Louisa and Master Augus tus, and one on the harp and concertina by Master Henry and Miss Margaret, were delightfully played. The execution of the latter in some fine old Iri,h airs drew forth frequent applause. Talented as this family is, there is nothing pre suming about them; the young ladies are particularly pre possessing, and they all promise to be great acquisitions to the English school. Mr. W. Binfield displays considerable talents as a composer and arranger of music; he is also a good pianist, but we cannot praise his vocal execution. Two songs, written by himself, one entitled " Bird Life," the other " We'll grow Old Together," are pleasing compositions, the last especially, both melody and accompaniment dis. play good taste and a thorough knowledge of the science. [ADVERSISEMINT.]—To Persons Paralysed, &c.- H2Ointment and Pill -Col Extraordinary Cure by . -olloway's _ 11 of a letter from Capt. E. F. Ferris, commanding Rumpore forces :—" Rohilcund, India, Jan. 15, 1849. To Processor Holloway. Sir,--I deem that your wonderful medicines ought to be well known, and I take the liberty of reporting a miracu• lone cure that came under my own eye. An old woman had been for the last two yea rs q uite bed-ridden, having entirely lost the use of her leg , from the hi p joint. Her limbs were quite restored."—Sold by apparently dead, and without the sli g htes t feeling; but by the ausellof druggists , ye ur 0 andintrnaetnpt r e :f t! s P u i a l r l s she i s Holloway's Establishment, 244, Strand. London. REPREOSNTATION _OF SCARBOROUGH.—Friday next ie Sz e d f or 0 10 12011:anti= of candidates. 16, 1851. OVERLAND MAIL 'INDIA AND CHINA. We have received from Marseilles letters and papers in anticipation of the overland mail which left Calcutta on the 2d of June. In consequence of the monsoon we have no Bombay mail. There is little in the shape of news from any part of the country. A Peshawar correspondent writes:— " There is little of news just now in this quarter, though rumours of wars may be said to exist. An at tempt is being made to throw pontoons across the Cabul river, to be ready in case of need." From the kingdom of Oude our latest advices are dated the 231 of May. " The Zamindar of Kuppradeen has evacuated that fort but has now fIA into another stronghold. Captains Magness and Bunbury have cannonaded it for nine days, and at last shotted him out." Lucknow had just been the scene of a most riotous proceeding. causing the loss of more than 20 men, killed and wounded. The scene of action was at Hos seinabad. From Hydrahad we continue to be entertained with narratives of misrule and revolt. The every -day topic was the rapacity of the Arabs, their oppression of the Nixam's subjects, and their complete domination over his Highness and his Go vernment. There has been a fight at Nursee, between its Ta , lookdar and Remindar, attended with a great loss of life. The Taloukdar was put to flight. He is represented as a man shunned by everybody—not able to obtain the services even of menials. A private letter from Lahore of the 19th of May con tains the melancholy intelligence of the detth. by hi s own hand, of a young civilian, recently appointed to the Punjaub—Mr. Wiliiiun GPnrad Lochner. The marriage of Naddeem 00l 6ioolk Bahadoor, adopted elder brother of bis Highness the Nabob of the Carnatic and son of Shurf 00l Ware Bahadoor, with the daughter of Goolam Jeelanee Khan Bahadoor, who died at Mecca while on a pilgrimage there, has created some stir in Madras. Captain John Merritt, of the 2d European Light In fantry, died at Secunderabad on the 3d of May. CHINA. HONG-KONG, MAY 24. We have advices from England to the 24th of March by the mail steamer which arrived here on the 11th. Since writing you last month little of interest has oc curred here. There has been less sickness among the troops. Additional room is to be afforded them on board the store-ship Minden. We hope that eventually she will be entirely at the disposal of the garrison. General Jervais is directing his attention to what may tend to amuse the men, is relaxing some of their restric tions, and endeavouring to dissipate in some measure the monotony of their lives. The British clipper vessel Reindeer arrived here from Liverpool on the 9th-130 days' passage from port to port. The American clipper Oriental, from London, arrived on the 11th-117 days' passage. The accounts from Canton with reference to the dis turbances in the neighbourhood, report that they con tinue to be very serious. All the • fforts of the Govern ment have hitherto failed to put them down. It would seem that more than one-half of the eutire province of Kwang-si is in possession of the banditti and their chief, Tunteh, along with the principal towns, and the com mand of the navigation of tbo Pearl river. This cir cumstance sufficiently accounts for the depressed state of trade in Canton, and for the injury sustained thereby both by Chinese and foreigners. The Government of Pekin has appointed three high functionaries to visit the province, in order that it may become informed of the actual state of matters. At the same time a considerable sum of money has been drawn for on the Canton province, and a large body of troops thence and from other provinces have passed on to the scene of disturbance. The annual competition for prizes at Canton by about 3,000 of the literati occasions there at present consider able excitement. Prices for imports had receded. In tea some business had be. n done both fur England i and America. From Shanghai our ad vices do not extend beyond the 7th of May. The import market was dull, and in ex ports little doing. The silk season was considered as nearly closed. There would be no further direct ship ments to Great Britain. The total export from Chins to date is close upon 19,000 bales and 1,200 cases. Of tea to Great Britain the txport to date may be estimated ar. about 61.500,000 lbs. Tonnage is abundant, and, with the numerous urn vals, likely to, continue so. The number of American clipper•built vessels is on the increase, and some are ex pected here after reaping the benefit of splendid freights on an American coasting voyage from the United States round Cape Horn to California. Present rates of freight ire 21 ss; to 2/ los. Hr Maj,-st)'a steamer Salamander arrived here on the oth. She brought on from Ceylon a detachment of the Ceylon Rflei. Her Majesty's brig Serpent has sailed for Trinco malee, Ceylon. In Harbour—Her Majesty's ship Cleopatra, and Ame rican sloop-of. war Saratoga, 20 guns. At Whampoa—Her Majesty's brig Pilot. At Canton—The steamer Phlegethon. The Salaman der has kit for Amoy, to relieve the Reynard, ordered home. At Shanghai—Her Majesty's brig Contest. Our latest dates are—from England, March 24; United States, March 13; Calcutta, April 7; B nabay, April 19; Singapore, May 4; Sydney, March 10; Manilla, May 19; and Shanghai, May 7. COMMERCIAL INTELLIGENCE. (From the Calcutta Englishman.) MONDAY, JUNE 2. Since our lart issue the export market has continued in active, business being proceeded upon with reluctance, for which a further reason has been furnished by the unsettled upward state of home exchange, and the difficulty to nego tiate on fair terms any but first-rate credit bills. Notwith standing these circumstances, we cannot report any general decline in leading produce, the still moderate supplies en couraging the majority of holders to maintain former re quirements with firmness. In indigo no business has trans pired, the small quantity remaining on hand being held for high rates on the strength of the late advices that the con tinuance of excessive heat add drought has caused serious injury to the outstanding crop. Sugar experienced a fair de mand, Benares keeping up to unaltered value, whilst date kinds and Khaur were partially ceded at 2a. to 4a. easier rates. Saltpetre has continued in more general request, which has imparted to prices more firmness, without leading them to any pronounced rise. Rice has in table sort re mained dull, without further depression. Safiliwer, of which only sparing quantities have as yet been put on the market, found for these buyers at slightly enhanced rates. Raw silk has continued in demand at Ba. to 12a. reduced requirements established on the eve of departure of the last mail. Corahs have not attracted any attention, though holders in some instances evinced a willingness to accept the 4r. to sr. reduced offers, which they previously refused. Shellac has remained flat, and sales could only with diffi culty be effected at a further decline of 4a. to 83. Lac dye in low mixed qualities nearly unsaleable even at a further concession, but fair and good tests meet with willing buyers at extreme previous rates. Linseed has continued in request for home and American shipments, and prices maintained extreme previous value. The demand for mustard seed has assumed more general activity, and prices improved fully 2.i. Jute has d veloped increasing inquiry, which enabled holders to obtain Ba. to 12a. enhanced rates for the scarce better qualities. We regret that we have no improvement to notice in the condition of our import market, which still remains in a very depressed state, and with a anitant downward bear ing The sevon is, however, now at hand when, in conse quence of the opening of the rivers, a good deal of stir usually prevails amongst the dealers, and we trust that our future reports will be of a more cheering nature than they have been of late, although the heavy supplies which we have been receiving for some time past of cotton piece goods for bid the hope of any important improvement as regards value in that branch of our import trade. The transactions in gray ;shirting's have been on a very extensive scale, but at a decline of about 2a. per piece, the market still having a declining tendency. White shirtiugs have sold but to a limited exteul, and latterly at the lowest prices known for some years. White figured shirtings have been taken more freely, but at a deduction of 2a. to 4a. The sales of white cambrics have been very trifling. White twills remain unnoticed. A fair quantity of gray made pollams has changed hands at a fall of 2a. to as.; the white sort is neglected. The inquiry for jaconets is not active, although some makes and widths have sold to a fair extent ; bleached jaconets have gone still further , ;own under the pressure of heavy arrivals. Tne sales of lappets have been greater, but without any improvement in value. There is very little doing in book musline. Although this is a fa veurable season for mull mulls, the heavy imports prevent the market for these fabrics from improving, and if sales were pressed. lower prices would have to be submitted to. Turkey red goods remain flat. The season for prints and chintzes is drawing near, and some activity is shortly anticipated in these fabrics. A good quantity of mule twist has been placed with but little variation in prices, excepting in 50s, which have given way to the extent of 2p.; 60s are steady, and 70s and upwards dull. Some sales of copper, chiefly Australian, are reported. Large parcels of iron have been sold, without improvement in value, and this metal still remains depressed. The speller market has assumed a more encouraging appear ance. Lead remains very dull. Our money market has remained unchanged as far as the rates of interest are concerned, but at these supplies are more currently obtainable, and the former tightness in the Bazaar seems on the decrease. The position assumed last mail by takers of home exchange has been maintained, and they have succeeded in imparting to rates a further upward ten. deucy, the rather extensive negotiations having ruled for six months' sight credit bills at 2s. Id. to 2s. lid., and docu ment draughts 2s. lid. to 2s. lid., and latterly some of these were reported at 2s. ltd. The 1 ulk of the transactions in credit bills was done at 2s. Id., and although earlier in the mail some first-rate paper sold at 2s. O'd. The last trans action we have heard of in credit bills was effected at 2 5 : lid. These bills, owing to the superior facility of discrrua ing tbem at home, are preferred. Document bills couldovn beiu difficulty obtain an offer anywhere, and were onl y placed on comparatively very disadvantageous tern] which Freights are held for 2s. 6d. to ss. improved term for pressing shipments, have been submitted to. _____------ CANTON MARKET REPORT. kiONOKONG, MAY 24. Since our last there has been a considerable business don e in imports, although generallyiniatpl r o o ffveeempentln r the price s f or Cotton— There has been an this article, and the imports have _b t. en moderate. Bombay is quoted, Bt. to 9t. srn. ; nengal lt B .to s 7 ni. to 9t. sm. ; Mad ras, It. sm. to 9t. 7m.; weS . w 30 iL0 t.. 5. 7 m 1 . 6.2 5 4 t0ck, 24,300 bales, against 20,000 in ;Sou dolls. to 31 dolls. • Nos. 88-42' Yarn—No transactions. quoted 28 dolls. to 29 dolls.; Nos. 2 8-32, 38-42, 821 olls. to 35 dolls. , Long CtbsPriceß have give n 90 grays 1.90 dolls : to 2 . . dolls • whi tes, ' ' l.BO dolls. to 3 dolls. About 45,000 pieces in a ll have been sold. Woollens —Spanish stripes, assorted, 85c. to 95c. ; long ells 6 dolls. 60c. to 6 dolls. 7Uc. for assorted colours; scarlet, 7 dulls. 2 0 .. to 7 dolls. 50c. Iron—The sales are reported at 1,500 peculs. Rod is I quoted , 2 dolls. 50c. to 2 dolls. No; bar, 2 dolls. 150. to 2 dolls. 30c.; round, 2 dolls. 90c. ..to 4 dolls. 200. ; 1z00p,2 dolls. 80c. to 3 dolls. 10c. Tin-plates-9 dolls. to 9 1 4 dolls. • Cochineal-785 dolls. to 125 dolls. Turkey Opium— 360 dolls. , and eliffie.ult of sale. • Tea— The transactions during the month have been eon siderable. Of congou about 17 chops hav,e been sold, at from .. 13t. to 16t. In green tea, 35,000 to 36,000 packagetihave changed hands, leaving a stock of 70,000 to 73,000 on . the market. Prices for the finer descriptions-are lower, but those p Bd. tO for the common kindS are supported. t0125r, Exchange on England—First - class aper, 41. 41. 8 1 4. India Company's accepted bills, 234 r. per 100 dolls. Freights may be quoted 21. ss. to_ 21. 403..,, To abundant. From Shanghai our advices are to the ith:. Th e i m ,„ 141 :, market was still inactive. In exports little doing. Tea—The market was nearly bare of congou, and only. one chop had been purchased. The business dome is g re e n, - amounted to a few pprebakes for the American markit. Silk—The transactions of the .season were expeetecili, have been nearly. closed. Quotations remained ,unaltere& Tsatlee, No. '2, 430 dolls. ; No. 8, 890 dolls. to 410'dolls.,_ Taysaam, 280 dolls. to 315 dolls. Exports from China; 19,000 bales and 12,000 cases, against 15,200 bales last year. Long Cloths—Prices for the lower qualities of both gmy and white had given way, for the better descriptions fell rates were obtainable; grays were quotedl.Bs to 3 dolls.!; whites, 1.90 dolls. to 2.90 dolls. The sales of both descrip tions were estimated at 95,000 pieces. Spanish stripes in little demand ; assorted quoted 90e. to 95c. Exchange on England had declined to 4s. 81 to 4s. 9d. on India Company's accepted paper 222 r. per 100 dolls.. . • Freights—There was no vessel on the berth. (From the Singapore Free Press.) SINGAPORE, MAT 31. The arrivals from Great Britain durirg the month have been the Trident, Athena, and M. , ry Ray, from Liiverpoor.. - : and the Iceni, from London, with a mcdoratasuipply of:, goods . The demand for imports, particularly for cotton , gooda,;' has continued since our last, but without the anticipates improvement in prices, which may be attributed - c hhifirts the large quantity of goods forced. og by auction .at very low rates. In exports great activity prevails, and as the supplies of produce, particularly pepper, gambler, coffee, gotta perchi e , and tin, are insufficient for numerous orders =hit M5=14014 4 present prices are likely to be maintained for some tin*. Exchanges—On England—Bills very scarce and muoir, wanted. Sales of 80 days' sight Bank bills, at 45. 6d. and:. six months sight, at 4s. 70. to 4s. Bd. On Calcurttsi.•::: Court of Directors' bills selling at 219 to 220 per 100 dolls. On Bombay and Madz'aa—Nomi n al On China—Sales a t par, and in demand. Toinage—Tbe Surge and Clam are loading for London; the Iceni, for Penang and London ; and the Christina, for Liverpool. Rates of Freight —Tin , 21 . per 20 e• • sago and sago &sip 21. 103. to '2l. Its. 6d. • sago in boxes,' 2/. 15s. ; Atm. 21. to 2/. 10s. ; gambler, in baskets, 21. 15s. to .3b ;:,ditto, in bales. 21. 10s.; mother-of-pearl shell, 2L ; gat, - black peg . .1 2/ , is • , percha, 21. 15s. to 3/. ; coffee, 21 . 10 s. per 18 e. blac per, . • , hides, 2/. 15s. ; measurement goods 50 c, feet. SHIPPING INTELLIGENCE. HONG-KONG, MAT 24• ARRIVALS FROM GREAT BRITAIN. At Hong-Kong—April 27, the Calder, from Sunderland; May 1, the Mooltan, from London • May 9, the Reindeer, from Liverpool; May 10, the Hindoo, from London; May 11, the Oriental (American), from London; May 21, the Sir Edward Parry, from London; May 22, the New Mar garet. from Liverpool; May 22, the Emily (Hambutgh), from Newcastle; May 22, the Alliance, from Liverpool; May 22, the Ranger, from Milford ; May 22, the Lisette (Ruisian:, from Hartlep oo l ; M a y 23, theHamille Mitchell, from the Clyde. At Shanghai—April 17, the Androkles (Danish), front London; May lq, the Success, from Liverpool. DEPARTURES TO GREAT BRITALST. From Hong-Kung—May 5, the Bangalore, to Live Tool. From Whampoa —May 8, the Menan, to London. Fro Cit Shanghai—April 20, the Albemarle, to London; April 15, the Trent, to London. THE UNITED STATES. LIVERPOOL, TITZSDAY NIGHT. This afternoon, about four o'clock, the fine stuainE, '- ship Arctic, Captain Luce (of the Collins line) w adi telegraphed off Holyhead, and has since arrived is harbour. The Arctic left the port of New York on the sth inst., and has made her best recorded passage on this oo• vision. She has advtces to the day of sailing. The number of passengers is 123, and the amount of specie 986,000 dolls. The steam-ship Baltic arrived at New York, from Liverpool, ou the day the Arctic sailed. The money market at New York was much easier, the arrival of two millions and a half dolls. in gold having given more confidence to the market. Money was still in active demand. The securities and stock quotations are unchanged. The market for breadatuffs was inactive, and prices without change. In cotton there had been a fair amount of business doing at New York, and former quotations were main. tained firmly. Excharge on London, 105 to 1051 (almost nominal) Pari4 5 10; Hamburgb, 36i to 37; Bremen, 79i f. There was little to report of business generally at New York, the excitement connected with the celebration of the anniversary of the American independence fully Op. cupying the public mind. DAtei from California have been received at New York to lst June, by the steamer Prometheus. Nearly three million dollars gold arrived at Panama on the way to New York. San Francisco and Stockton had been both almost re. The mining accounts were very good. The mercantile interest was not recuverirg so rapidly as was expeoted after the late firer. ...-•• Late advices state that the provinces of Pasto and Tuquerres were in rebellion against Bogota, and Eon• ador was likely to join. A battle had taken plane, in which the rebels had been defeated, and fled to Ecuador. Irelparailo dates, of May 24, had been received by the British steamer New Grenada at Panama. Many parties had been arrested for participation in recent riots, but trials had not taken place. The New Grenada bad 800,000 dolls. of silver on board. The accounts of a battle between the Dominican and Haytians on the 30th May :.re confirmed. The Haytisus were defeat( d. TO THE SECRETARY OF THE BRADFORD REFORM ASSOCIATION. (EVERY NONDAY AND WEDNESDAY.) Sir,—Ou Monday the 14th, the most „interesting occurrence of the evening was the Secretary for Foreign Affairs reporting progress on the subject of the depres sion of the Slave Trade. It appears that after all the wail. logs and prognostications to the contrary, the Govern ment and the squadron have maintained their position as stoutly as the Crystal Palace, and like it are in the way of putting their opponents to open rebuke. It has been demonstrated in spite of the incredulous, that the Slave Trade, like other trades, cannot resist being cruised against,—that if you prick it, it bleeds, and bleeding lets out its strength as in the case of ot her things not boasting of the supernatural. To you and to your naghbournood, the hotbed in olden times of the op position which still was young, the information cannot fail to come with a pleasing sense of the uses of perse verance, and the benefit of not being run down by the clamour of the interested in a public evil. On Tuesday, for the first time probably, an At torney-General was heard to pray to be defended front " judge-rnade a law." It is many years since Bentham opened the fire of his sa:casat en " judge-made law;'' Roil bow tho attack has wrought its way into the high place. of the‘ Ministerial bench. So true it is, that no good seed is ever hen. Ic the evening came on the motion of Lord Naas for a Committee of the whole: House to take into considera tion the state of the Milling Interest in Ireland. It extended to a genetal movement for the restoration of the Corn Laws, crowned by an intimation from one quarter of something like a compensation to the agricultural interest for losses endured. All parties evinced the natal horror of principles. The Goveraps , merit replied to small details by smaller. No word of defence from the Free Trade benches. Such folly has not ben seen since the day Eve ate the apple. You me let down; you are surrendered; never was a gaine d cause so thrown away. A side which will not Mom"- itself; which cannot be made to show, whiCh allow, is enemies to gather round it and pile upnrgureangs",Pti' people coeclude that what is unanswered:Alit be true,—a side which follows this , poi_ o34 bcatnn to be A iu with. For the present the .n021%1 ,asin was stopped by 128 votes against 93; bug y o a will be enough which way the current is tendinbyethe announce roused from your slumbers some day stoppage of. merit of a Protectionist Ministry a il s a ve the comfort your trade by law; and then you . w e for action, of ask of all people who have lost the tin w h o i t was that lag one another for information of would have thought it. inc O ry L e Du er Fs ely o : nit R. London, 16tIhaJmu'ly793.572Nve _SDAfL..6:_CT/ON.—RIOT .' orth i rl has eventuated Ii.KNIVAARERsEBOSRB°6,II',°- TU ESDAY be room of i t -7- The R h t e gh el t ec H tion en;. of a repretientstiv , in a split in the Tory w. S. Lascellce, a The eb candidatesof bl u d e n n - e m m e i n . upon the reiseittounts att attack candidate.hy camp, and Ssta Conservative or Pe illac° rday were . M r. T. Collins, barrister, mo derate on lite and Mr. Andrew Lawson,. magistrate, an a cou nty ultra-Tory and Protectionist. Upon Mr. Lawson coming forward great . excitement derate Consery e ; took place, as ho had promised not to opp ose Mr. Collins. The polling co mmenced at eight o'c lock on Monday morning, and coutinuk-d until four in the afternoon, when Mr. Collins was returned, having polled 95 votes 10 his opponent's 64; the returning officer, therefore, do. dared Mr. Coiling elected by a majority of 31. The constituency is 217; so that upwards of 50 did not vote. After the dec/aratien of the poll, the new Member and his friends were assailed by the Law :mitts with eggs until they were pretty nearly smothered in yolks. and this was followed by volleys of bludgeons, stones, &c., flung at the persons upon the hustings, many of whom were cut badly. he Courthouse windows were smashed, and an attempt was made to tear down the temporary hustings, whilst there were at least 100 persons upon them; but this w as _ luckily prevented. In making his way to h is hotel, Collins received a severe blow up on the bead wit h bludgeon, causing a wound which bled profu sely. So great was the excitement in the town, t h a t „ it wsi deemed unsafe t., attempt th e usual ceremony. of Chair . . ing" the new Membe u r. The police were n ot in the su'ifi in cler4 bu force to arrest any of the gu il ty p arties, nat46l of the ringleaders are known, and they will be brought before the magistrates. _ Dispatches were recew e d y e sterday at the Colonl4. ova, from the Governor of Gibrelter. S ~~