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

nciple, sitni• o o btain two 1:, L of worfby Ile in Frivo l) and that t the N o ble the best for :h the Nob le oglieb WOod ; London, s' oposs . any dos tier. It ws in con . t h e his connot e ce, goo o obt L ba f r:ultivatio n on thei r (4' 9 Anpared A it blie,ed to um w ith inil l w ell o ' 111 ther e umeot ti r t • " is O. c0t0w,,,• tb ,land. from r a c F er , 0 . ge C li t t e . d. b be i t would nd. he o. 11 the t a 000. by the to oi wail the . d wer e ub reSP eC o i 0 !repo b „ h ouverged go; answer ; 1 84 law ° f De t•me whea i n oreati e fen s in a d'°, As r, at • f i t m e mber a that d le u r od ore ,hat they I" Dries of " 9 0 , 1 ' ade m 11411 ha_ 1-10113 e, ° O. ,ntlemso umea: o f ould slot Pr.° Ness's lop 93 128 35 0 1 " of a retie id, 's elEct l e e , A o o , iced Ni 0 ,76.9 return ° d b! ig reportiese Beath see 01 he thre e bd of the 0 101 1 lied fo r o f I conv.;e te 0 41 d o an d 0 BIM 13 d o ted, or P r oll )r in each s y 'ended 17 1, 0 )mmutet'v cit. env A - Sir 01 0 ground se. ft o , eh reP" 11 1 TIS _reO b I to come the W°6 0 11' ed odd 33e cas e - Leh sill h ake the P„,0" would rv- ,11 0 0 witbdre;loo day, to 3ppOrt a n o i 17 4 the Cr" ci vonld he tiS 9 of the I 3 tl imutatiat "cool ght ther e te or of the ° to a gree t° moti ons ted of, g ill Lock. y 15. ,„ VI( upon to' ,POOL) e Bill be r f rOw tition 0 0 /1 4 f of the o' be 13111. eef e !j esentivg - les As slJll3ojt I /4 „ attention 00, Mr. Efo l° l , u!sn re f 0 1 ervatioll 0 IV itloll3 11*° ;1( Mgt. ado' BILL , for motion - the term misapplied. It is an experiment, and ono which none but a very silly or a verb saaguine man can con template without anxiety." Montague, in whose praise he was sure that the Noble Secretary would willingly concur (" Hear, hear," from Earl Grey), said— " I ceonot retrain from expressing my doubts as to the likelihood of eliciting good government for some st least from the exercise of repr-sentative ;nstitutions." All the parties to whom the Governor applied expressed doubts as to the success of the experiment which the Noble Earl had advised them to take; and all of them employed their talent and their research in eedeavours to find oat a mode in which that experiment could be carried out with the most safety and the least danger. The members of the Council were unanimous that there should only be one representative body for the whole ,7 10 fly, and that that body should sit et Cape Town. They were unanimous that the constitution consist of a Governor, a Legislative Council, arid a House of As sembly, although one member se. used to doubt whether the ci,lony was sufficiently numerous to provide mem bers for the Legislative Council and the Hons. , of As sembly. With the exception of one Member , they were also unanimous that the Legislative Council should not be an elective body, but appointed by the Crown, and formed of official and nen-offitrial members, and that the tenure of the office should be for life. The Chief Jus tice of the colony was of opinion that the elective prin ciple ought to be introduced into the Legislative Conn cif. and th a t th e t enu re of the office should not be for Life but during pleasure. He would not enter into the questions of the franchise. the qualification, and similar Matters on which a report had been made to the Noble Secretary opposite and which were included in an ordi tlance with the means of carrying out a representative quern. On receiving the dispatch including this re• port, the Noble Secretary wrote another dispatch, in Which he expressed himself in the following manner:— "1 am of opinion that the views of yourself and the majority tf our advisers, as to the form of the consti tution to be established, namely. a representative assem bly and legistative council, app doted by the Crown, Should, in the main. be adopted, but many of the details of the plan submitted in these papers may probably re- Suite medificstern." Immediately upon this occurred the misapprehension of bis (the Earl of Derby's) ineardrig of whicia he had al ready complained. The Noble Earl, it would appear, did not take upon himself the responsibility which he ought to have taken as Secretary of State for the Colo. Idea, and as a Minister and adviser of the Crown; but he referred the views of Sir H. Smith and his advisers to a very able and very conspetsot body, but one to which no responsibility attached, and which in spite of the names Which graced it remained at this day an anomalous and anonymous body. In the year 1842 the petitioners from the Cape had asked him to lay their petition be fore the Committee of the Council for Plantations and Trade; but he hal refused to delegate the decision upon it to any body whatsoever. The Noble Earl in com menting on the dispatch which he had then written, laid— "ln 1841 Sir George Napier transmitted a petition fr omthe inhabitants of Cape Town to the Queen in Council, praying for the establishment of en elective as fifthly and council. The form of government thus pro posed appeared to Lord Stanley, who was then Secretary , °I State, altogether at variance with the ordinary legit,- Wive system of British rossessions, and he consequently decliaed advising her Majesty to refer the petition to the Privy Council." 44 3' one would infer from that petition that his (the Earl of Derby's) objection arose cut of the form and prayer o f t h e pet i tion. Now, i f the N o b le S ecretary ad cepied out the words of his (the Earl of Derby's) dis- Patch correctly, he would not have fallen into the mis representation which he had committed. His (the Earl of D erby's) words were these:— "I have not thought it my duty to advise the Qum to refer to the Privy Council the petition addressed to he r Majesty iu Council, as I am aware of no reason why a ny such departure should be made in the present case from the established system on which the Executive Go. !ernment of this kingdom and of the British colonies is administered." The "established system" to which he referred in that psragraph was the responsibility of the Secretary of State for the colonies. Now the Noble Earl, in his dispatch, had altered the phrase "the Executive Government of this kingdom," in o the P hr ase, "ordinary legislative system of British pos. .an .7:sluos," and by t h at alteration ha d comp l ete l y ITged the effect of his opinion. He was con vinced that this misrepresentation was not intentional ; but he could not retrain from expressing his wonder how the Noble Earl had fallen into so very grave an error a s to the intentions of his predecessor in office. The Noble Eirl had then taken the course which be (the Earl of Derby) bad refused to take in 1842. He re ferred the matter to the Committee of Privy Council. 1:11a1 Committee made a report on the proposed esta blishment of a representative Legislature in the Cape tr f G " °d Elo pe , anti that report was subsequently A aa nstnitted by th e Noble Earl to that co l ony . H e l'i.tould not trou b le their Lordahips by go i ng t h roug h e different opinions of the Members of the Legisla tive Council on that report. Suffice it to say, that they atTred at once upon their own responbility on a choand eettien entirely novel in its character, and which "Ibsen contemplated by the able gentleman who had en tn i n — Yed te, much talent and research to the devising of f to diminish any danger which might a .true Cal m s 0 unexpected a change. The Legislative Court hwas not tC, be nominated by the Crown, but was l one into which tee elective principle not only en- F 4 but predominated entirely ; and a novel scheme Iv a* also propo s ed by which t h e votes i n s uch el ec tion s t ere, to be t a k en . O pt i on oug h t to h ave b een g i ven a 2 ins Governor and his Council whether such constitution should be accepted or not ; but not Only did the Noble Secretary for the Colonies wave his oven opinion upon it, but he sent with the report a legal doe ti t ha arisen en t twhheicehxii:t ce o th f e force of law, and which and a House of Assernblv elecnive, with thi s , both of which were to be a new Legislative Council to be president exception, that the chief justice was of the Le gislative Council by virtue of his office, Hie then told the governor of the colony that he must immediately proceed to cause the prel urinary Work which might be required to be performed, with a 't iew to the preparation of the necessary ordinances. He then proceeded as follows: " The various details of the machinery of the elections, the d e fi n i tion of the franchise of the electors, both for the Assembly and the Legislative Council, and many C her particulars which will readily occur to you, are all byhieels on which the necessary provisions will be made ordinance, and not by letters patent, and as to which, the r efore, you may, with a view to expenditure, prepare /It . °nee the matter to be embodied in the ordinance, Without wa i t i ng for the arrival of the letters patent the mselves, th oug h , o f course, unt il they reac h y ou th e a lu ÜbJect cannot be brought under the consideration of the gigiative Council." ?‘", when this document arrived in the colony, it took t" Partie s b y surpr i se. I t was a new system , i n t ro d u ced Y thos e who knew nothing of the country, an d i n oppo ifittloreeilio to the views of those who had the largest local in ee. Additional difficulties were thrown in the a ' n e Y of car r yi ng i t i nto execut i on by th e strange position n w ,blob the colony was placed at the time of its ar In the interim, between 1846 and 1848, circum -,Pes bad occurre d w hi c h produc, d a lamentable state j~talugs in th e co l ony , on w hich he did not mean to en -irge at present, f ur th er than to say that the Anti Con en vi Association had started into erstence. No one could condemn more strongly than he did the violent I.llheasures of that assoc i at i on . Their violence d e p r ived t he association o f th e countenance o f many persons in ot l3 Country, who th oug h t t h at th e y had just ground beteeotoplaint, and wh o wou ld have been ready, i they b een l ess v i olent, to press upon P ar li ament 1 s te justice and righteousness of their complaint. He that a great and grievous error bad been cool bitted on that point by her Majesty's Government. T he error on this occasion met with a grievous punish ?lent• of which the example would be followed not only to the co l ony o f t h e Cape, but also in all our other colo nies. The spirit of resistance had been evoked in a just c ause, and bad been carried to such an extent that, after Is rain resistance on the part of the Crown, its authority had been rejected and lowered in thnedceovloennyh,oastnidlitineost r e, Cuhic lee ti tons, but threats and menaces, a e c n om di p r e e i c ie te d d him aga fis i r ns t, t the Governor o n t h e spot, and afterwards the Govern- Ment at home, to succumb. To such an extent had the resistance been carried that by dint of violence the Le gislative Council was dissolved. T h i s Anti-Convict As relation dad subsequently led to a political organization in the colony, which now turned its views to other ob jects; and thus, when the dispatch from the Colonial beforetary came out, c a lli ng to upon the Gov ernor trefer to the const i tution contained i n th e et -1 ers patent t o the Legislative Council as then aonstituted, he was compelled to write back home that he had no such Council, and that for a year or more no legislative body had existed in the colony—diat ever y advance of money had been illegally every step which had been taken by the Colonial Go vernment was null and void, and that it was only mi. made—that eessity which had compelled him to assume the absolute despotism which he then wielded, and which he wielded Only because no one in the colony would assist or advise What course, then, did the Governor take? He found that to fill up the Legislative Council with the nominees of the Cr own wou ld b e an absolute impossibi lity, or that, if he should succeed in filling it up, he could only do it by taking them from one part of the Population —a measure which would give rise to jealousy and alienation b etween the English and Dutch popula tion. Wh at , then, did the governor do? On receiving his instructions from the home Government, it was ne cessary tnat he should reform his Council. He referred the question to a body consisting, in the towns, of the municipalities, and, in the country, of the several district boend boards, for th e p urpose of ascertaining who would most desirabl e persons, in the opinion of ~,t hese t c h o e lonists, to form a p ort i on of his own Council. Ps Governor stated to the Noble Lord that it was his intention to be g u id e d b y t h e lists sent in to him, and to e l ove t r fi no ve r,s gentlemenwas, from those lists. Th e resu l t of the that no very large proportion of the_ inhabitantse or ratepayers tendered their services, ? I ,oc e 0_ out of 4,560 ratepayers, only 1,298 took the trou- DElO2_ !cording their votes in favour of the candidates. f i t " ° I these gentlemen were returned by a lar e ma'o- Y 1 but it struck the Governor that three g t of the five gentlemen selected were from the division out of the entiemefl selected were from the division of Ca t e "o, and that one of the others (Sir A. Stockenstromp) ?M t not represent the feelings of the English population, returned from of the gentlemen at Cape Town, If the appointed the five gentlemen who had been members from the greatest number of places all five . ur nibers of the Legislative Council would have been re t ned by the local influence of Cape Town. Here arose another difficulty which he (the Earl of Derby) had fore z:irel3B4:3(-I—viz., the paramount influence of the . more Probably also the mere weal by division of aCbalpee4uuwenne,ewoiavoerwethle able to exercise very consider the Astrorn;L•ogeguiserlature. It was indeed ad taitted.by el,Pir. Porter, that under any system of election it was doubtful whether there would be found in the cieiptry:diiitricts _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 Cspe Town. The Governor, in pursuance of his pledge, selected the four gentlemen who stood highest upon the returns, but intead 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. One 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 representatives, sit ting by virtue of a precept issued by the Governor, not as the representatives of the electors, 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 en the 6th of September, and they made some pro gress in framing the new constitution. With regard to the number of electors, their qualification, the con stitution of the two Houses, the seat of Government being fixed at Cape Town, 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 wag 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 for the Legisla tive Council should be the same as for a member of the House of Assembly; whether the two Houses should be elected for the same period; and whether the Upper House should be elect-d 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, tney 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 businecs of the colony in a state of contusion. 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 leis 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 theref ire not a legally constituted body, and had neither instructions nor powers to act. Bat the Governor deter mined to refer to the other eight members the report of the Committee of Privy Council for Plautatioris 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 haie 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 must conversant with the affairs of the colony. But a'ter the proceedings of the Committee of the Council the Governer felt that the difficulties in the way of representative government were mere 'formid able than had been anticipated. In the first place, the overwhelming ieflaeace of Cape Town upon the constitution of the Legislative Council was manifest. In the next place, the granting of representative insti tutions bad evoked a desire for a separation between the eastern and western portion of the colony, on the ground that the eastern portions, which were British,, would be over b erne by the influence of the Dutch in the west, thus introduoing another of those differences which ho (the Earl of Derby) had pointed out in 1842. The Governor said he could not refrain from expressing the opinion, that there was some probability that under a Legislature purely elective the c Toured classes, who constituted three-fifths of the population, would be compelled 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 s lative Council should be nominated by the Crown, and should nut be elective. The Secretary to Government concurred in that opinion, and so did the Treasurer- General. The Attorney-General said, that although it was desirable to establish a nominated Council, yet that, atter 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. fie (the Earl of Derby) held, that any dan ger and any hazard ought to be preferred to the disgrace of violating the pledges held out by the Government. The Noble Earl (Earl Grey) disapproved of the course taken by the Goveruor. He said— •' With regard to the course taken by yourself in con sequence of the difficulty in which you were placed by the resignati al of the four members who retired from the Legislative Council, I cannot convey to you the final judgment of her Majesty's Government is the ab sence of the fuller information which I am led to ex pect; but I must not conceal from you that I am alto gether unable to understand, from that which . has already reached me, your reasons for having considered it necessary to interrupt the sittings of the Legislative Council on account of the resignation of four of its Members. What was the obstacle to your making new appointments, or proceeding with the remaining Mem bers to consider and to pass the ordinance for completing the constitution—though it seems to have been con sidered insurmountable by your Executive Council as well as by yourself—l am entirely at a loss to con- jecture." rile Governor's answer to the rebuke that he might have proceeded with the remaining Members, who formed a qu Turn, was that trie Legislative Council was not a legal body it it did not consist of at least ten slumbers, six of whom should be persons nominated by the Governor, and that the Noble Earl had mistaken the numbers necessary to term 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 ho 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 had so formidaely increased of late. The Governor added— " If it be your wish that I should proceed to business with the present Council, censideti. g it competent to legelite, I shall do so. Ie on the ceetrary, Sou should instruct me to complete the Council by new nominations, I will tike that step so as to give as little dissetisfaction as possible But I cannot but think that, with the in formatien now before your Lordship, it will he practi c dile and preferable to proveie fer the introduction of representative institutions by some instrument to be issued in Eiglaed, whenever that measure can be intro duced with a prospect of benefit to the colony." He (the Earl of Darby) thought teat the Governor might have obviated the difficulty that had arisen by refusing to accept the tendered resignation of the four members of the Legislative Council.—(" Hear, hear," from Earl GREY.) The Noble Earl cheered him, but that was a suggestion which he did not find in any pr.- ti ,, n 01 the dispatches of the Noble Earl. The Nubia Earl on receiving this answer sent out a dispatch. in which he said that it did nut alter his views, but that as the resignations were accepted, he insisted that the Go vernor should go on well 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 consideration the constitutional ordinances, it is provided by these instructions that the Coun c il s h ou ld be reconstituted on its former basis." To show the pertinacity with which the Nobl e Earl adh ere d to h i s own v i ews, it was proposed that the Chief should be the President of the enac a enactment. Legislative Council. This was provided in the letters patent, and it was not competent to dual with that with onß, u p t ra t y he in w g h t o h l a e t o C o uncil fresh signed 13d that 1 PPOlllt ment, o t fh t e the Crown Legislative wu l d rescind it being, in their opinion, in consistent with the functions of the Chief Justice to Preside over that assembly. They, therefore, prayed th a t ,he 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 been i opinion ' but then they ought ought not to h ave ss I - in ue- in the first instance. The Noble Earl said, 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. K'uyon, 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 C ape, it cooed 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 que-tion, but be should be followed by a legal authority in that House whose opinion was entitled to still more respect than that of the gentlemen he bad named. The Governor pointed out, with reason, a course which be 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 be believed there was little chance of such a constitution bang acceptable to the colony. To an Act of the Imperial Legislature all sec tions of the community would defer, and that alone would solve the problem that bad threatened the whole fretnework of the colony with dissolution, more especially if a pow , r were reserved by the Legislature, so to be constituted by a majority, to alter and amend the institutions, which, in the first instance, should be granted with the authority of Parliament. Such a provision the Legislature had introduced into the Act of last session relative to Auvrelie, and it was most important that this subject .11,..uiti not be long hang tp to kin,lie fres'). latk:Ln .;_. ties. He might have hesitated to grant so large a measure of representative government us that now pro pssed 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 Crowe, 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 information 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 session, the close of which was so much desired by him as well as their Lordships, ho believed that a small portion of the time of Parliament would be well bestowed by conferring it upon this distant colony—torn by intestine convulsions and distracted 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 tol low from such an invaluable interposition of their autho rity as would restore peaco to the colony and that friendly communication between the authority of the Govern ment at home and the inhabitants of the colony—then he asked for no party triumph.—(" Hear, hear," from Earl Grey.) He did not say he was not desirous that his motion should he adopted by their Lordships, but he urged their Lordships to adopt it, not because he desired to gain a triumph 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 objt ct 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 Clauricarde, 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 halt, he 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 conclud-d. 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 bear 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 Executive 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 representsdve institutions ought to be introduced or not. If the Noble Lord would refer to the opinion of Mr. Montague, he 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 representadve go- : vernment. A transition state of government had indeed been established there about fifteen years ago, but it had failed to conciliate public opinion, or to acquire public confidence—it had practically failed; and therefore, having gone so far, there was no other haltiug-place be tween that and representative institutions. And when Sir H. Smith, the successor of Sir H. Pottinger, found that those opinions wore entertained by all the principal members of his Government, 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 Sect etary of State to ascertain whe ther representative institutions might not be estab lished at the ,Cape, he had come to the opinion that such a change might be usefully made, and had so reported. It then came to be a question how the repre sentative system could be established with least danger, and with the greatest possible 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 be 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 Beard of Trade, the present Lord Cnief 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 bad 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 knew 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 Bdl was fur many weeks under the consider ation 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 (Earl 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 measures 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 (Earl Grey) mast add, that be still adhered to the report of the Committee of Council. The original institution was, that the council was not an independent body at all. It was so at the present day in Jamaica, the most ancient of our colonies. It was the mere privy council 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 the Canada Act, in 1791, in which the legislative assembly was, for the first time, put upon a very different footing. It was then made a body of members appointed for life, and not con sisting chiefly of persons holding office, and, therefore, practically independent of 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 leguda doe 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 services 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 bad referred to the circumstances, and he was sure be, 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, representing, to some extent, a half-civilized population, was in itself an experiment, 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; bat 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 sot upon them for the mo ment. The Governor then reported that it was desire ble in the meantime that he should be able to carry on the government with a Council of six members only. That was acceded to, and instructions were sent out to the colony to that effect. It was the legality of these instructions that was in dispute. They had been ap proved of by the law officers of the Crown, but, unfortu nately, in the hurry of business the dispatch was inaccu rately worded, and he had to some extent misappre hended the grounds upon which that opinion was given. He took blame to himself to that extent, hut no farther. With respect to the opinion of Sir F. Kelly, Mr. Walpole, s ooww i aff what officers rel wsear whereas, Ksf well nhetgehl weight e C o kuc n rnna , 00l weew t: i nnsl h t ti thda h h eda e ybt w he z a r i c d o a y s b e e . f befo re Kelly,h T he them; llaw the f ac ts west , net corrseely stated. If was said thata a t fh a o n da s r e de w t opin i onsh s r see o ienrng c a se Fthhi Fi tzroy he f m l i a g w h y t e o r s b s w e r e v r e e con stitution having been once granted, no power could sus pend that constitution but the Crown and the Imperial Parliamsnt. This case -was` expressly provided for in the new constitution. , Tliat Important clause was alto gether omitted in The - tra - so - plamtl - before Sir Fitzroy Kelly.—(Hear, 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 hut unexampled faction 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. I: would, however, have been better for him to have moved an address to the Crown to remove the seals of ofnee from his hands. It would be rather an extraordinary course to be called upon at so late a period of the session to introduce 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 unneces sary, for he did not believe they would have concluded their labours until the period had arrived for again com 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- tiered that the instructions sent out to tho 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. It was his duty to look beyond this country, and if they considered the sub ject in that way, he 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 klve no other effect than to weaken the authority of the Gover nor and to strengthen and back up the factious party who opposed him. It was indeed nothing short of au tatteuipi to force the Govemment to altar a course of policy which had 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 - organizA during the anti-convict agitation on the other. The discontent of the Dutch beers wal to be traced to slave emancipation in 1333. They revolted from — ltitiSh - ;tithority, 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 c curse 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 a 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, inflict. which the anti-convict p arty actually attempted to The only consequence of the carrying of this motion would be to cast a censure upon the Government. If that censure were justly due, her said at once, propose it directly, that the Government mi lst 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 which 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 had undertaken to do. He called upon the Noble Earl to perform work which he ought to have done, and which he would have performed had 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 iustitutiou 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 assistsnco which the machinery of the state thus aff sided him. But, in resigning his powers, the Noble Earl had et 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 loft the details to the Council of the colony ? Instead of doing so, he had tied up their hands, 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. Fairbairu and others had 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. Ho 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 ANW ORTH 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 ho divested himself of that right by granting a constitution. There could be no legia lation except by Parliament. His late Majesty became absolute sovereign of the Cape of Good Hope 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 farther, her Ma jesty reserved to herself and successors their undoubted right to allow or disallow any law t h a t ' eight not appear necessary for 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 bad done so; revoking what was done before, and sanc tioning a Legislative Council in a different mode. These Orders in Council had been continually made, and it 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 easident council who bad been consulted had given their opinion, atter mature and deliberate con sideration, that they were illegal. The Noble Earl had stated that the case was incorrectly stated to these learned gentlemen, but he was authorised to say that they had had a view of these letters patent, and that they did not affect the question. lie should not state any opinion of his own on this subject, but merely the grounds upon which these learned persons who had been consulted had proceeded. It had been laid doe n by that eminent jurist and lawyer, Lord Mansfield, that if once the Crown granted any clement of frt edon, it could not be revoked. `That was the point in this case. Had not the Crown granted an element of freedom? The free elements of the council had been taken away. The numbers originally fixed for constituting that Council were twelve, but now they were reduced, and it was permitted that the mejo rity of the Council might be official men. Could any man say that the present question was 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 offieisl men. This was re trogression in the scale of legislation. It was unjust to the colony, and was such a system of government that no wise or prudent administration ought to pursue. He should like to know why the constitution of the Cape was not now completed. The outline 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 he ad mired the ability displayed by his Noble and Learned Friend, he yet felt constrained 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's very lucid statement, ho 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 j gave a com plete 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 Lordships 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, ho maintained, was at all times revocable by the C r own , 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 term 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 he 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 contended, 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 performance o f a corporate act was, that there should be present a majority of twenty; and so in the present instance, the council having been left after the resignation in precisely the same state as it was before, every corporate act depended merely upon a majority for its validity. Ho wished to understand whether it was meant to contend Wes every letters patent was a grant to a colony not revoked. If that were so, what bad become of those applying to other coloni-s, which had been dealt with in a similar way by disposing of them under this reser vation? He would now briefly consider the ()juin that had been referred to on these paints. 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 must not 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 except 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 const.itntion 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 allow 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 had 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 Crown 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? lie, therefore, trusted their Lordships would vote agiinst the motion. The Duke of ARGYLE said that a vote of that House must tend to maintain or derogate from the au thority of tho Imperial Parliament.—(Rear, hear.) He had read these papers with the deepest attention, and he felt he could nut vote for the motion of the Noble Earl. Not only did he oLject 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 moot liberal and concinatory spirit towards the colonists.—(Rear, hear.) He was in favour of legislating Lr 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 fur the motion brought forward by the Earl of Derby. Lord WHARNCLIFFE opposed the motion. Earl GREY explained. Re 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 cut to the Cape, and Sr Harry Smith was fully aware of the course which it was intended to take. The Duke of NEWCASTLE said that nothing had occurred in the course of this debate to shake the opinion he had formed with reference to it from the first, that legislation e as the best, if not the only means, of dealing with the subject. He confessed he was dis satisfied with the explanations the Noble Earl the Colo nial Secretary had give. n to the [louse. Oa the other band, he conceived that his Noble Friend near him should afford some explanation of the ec,ipe and objects of the Committee which he asked for, should the House be disposed to grant ir. Lie had no desire to be drawn into a par:) , 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 woull be impossible for him to vote with him. Considering, however, how many and how eminent lawyers had di:fated in their views of the legal part of the qußstion,_ be 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 legislation. 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 he should do so without any intention whatever f 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 snould 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. Ho could not believe that a Committee would require any lengthened period fur consideration. And in this motion he did not intend to involve any censure upon her Majesty's Government, but he thought immediate legislation indispensable. Their Lordships then divided, when there appeared— Contents ... ... 68 Non contents -G - - M6jority for the Governmeut Proxies were not called for. Their Lordships then adjourned at Ono o'clock. PARLIAMENTARY DIVISIONS. ,From the Votes and Proceedings of the House of Commons ) TUZSDAY, 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. Anstey, T. C. Gaskell, J. M. Mundy, William Archdall, Captain Gilpin, Colonel Nugent, Sir Percy Baldock, E. H. Gooch, E. S. O'Brien, J. Bankes, George Goold, Wnydliam O'Brien, Sir Lucius Baring, Thomas Granby, Marquis of O'Flaherty, Anthony Barron, Sir 11. Grogan, E. Packe, C. W. Barrow, W. H. liiallewell, E. G. Plumptre, J. P. Batesou, T. Hamilton, Geo. A. Portal, Melville Biandford, Marquis Hamilton, J. IL Prime, Richard Boldero, Henry Hayes, Sir E. Benton, J. C. Booth, Sir R. G. Llcneage, Edward Reynolds, John Boyd, John Henley, J. W. Rushout, Captain Bramston, T.W. Berries, J. C. Scully, Francis Brisco, M. Hodgson, W. N. Seaham, Viscount Brooke, Lord Howard, Sir R. Sibthorp, Colonel Brooke, Sir Arthur Hudson, G. Smyth, John George Buller, Sir Y. Jones, Captain Spooner, Rickard Burrell, 'Sir C. Langton, W. IL Stafford, Augustus Burroughes, 11. N. Lennox, Lor,l A. Stuart, John Butler, P. S. Lennox, Lord IL G. Run, 11. G. Cabbell, B. B. Leslie, C. P.: Taylor, Colonel Chichester, Lord J. Lindsay, Hon. Col. Thompson, Alderman Christopher, It. Lowther, Colonel Tyler, Sir G. Conolly, Thomas Mackenzie,,W. F. Verner, Sir W. Dick, Quintin Megan, W. 11. Vesey, Thomas Disraeli, B. Meagher, ThomaS Vyvyan, Sir R. R. Dundas, George Mandeville, Vis. Vyse, It. 11. Dunne, Colonel Manners, Lord G. Willoughby, Sir 11. Edwards, Henry March, Earl of Wynn, H. W. Forbes, Win. Maxwell, lion. J. P. TELLERS. Ft eshtleld, J. W. Miles, Philip W. S. Naas, Lord Gallwey, Sir W. P. Mailings, J. It. Newdegate, C. N. MAJORITY—NOES, 128. Adair, Hugh E. Elliot, John E. Paget, Lord A. Aglionby, Henry Evans, John Paget, Lord Clarence Alcock, Thomas Ewart, William Palmerston, Via. Anderson, Arthur Fergus, John Parker, John Anson, Colonel Ferguson, Sir It. Pechell, Sir G. Armstrong, It. B. Fitzwilliam, G. W. Perfect, Robert Baines, M. T. Forster, M. Pinney, William Baring, Sir F. T. Freestun, Colonel Ponsonby, C. F. Bell, Jacob Geach, Charles Power, Dr. Bellew, 8.. M. Gibson, T. M. Price, Sir It. Berkeley, H. F. Goulburn, Henry Ricardo, Osman Birch, Sir T. Graham, Sir James Rice, E. It. Blackstone, W. Grentell, C. Pascoe Rich, Henry Blair, Stephen Greniell, Charles W. Roche, E. B. Bouverie, E. P. G ey, It. W. Rumbold, C. E. Boyle, Colonel Grosvenor, Earl Russell, Lord John Brocklehurst, J. Hall, Sir B. Salwey, Colonel Brotherton, Joseph Hallyburton, Lord Saudars, J. Brown, W. • Hanmer, Sir John Scholefleld, W. Banbury, Edward nestle, Alexander Seymour, Lord Cardwell, Edward Hatchell, John Smith, J. A. Carter, J. B. Hawes, Benj. Somerville, sir W. Cavendish, C. C. Hoadlam, Thomas Spearman, 11. J. Cavendish, W. G Henry, Alexander Stansfleld, W. R. C. Chaplin, W. J. Ilerbert, Sydney Sutton, J. 11. Charteris, Francis Heywood, James Tancred, 11. W. Childers, J. W. Hobhouse, T. B. Thompson, Colonel Clay, James Hollond. Robert Thornely, T. Cobden, Richard Howard, Lord E. Trevor, Thomas Cockburn, Sir A. Hume, Joseph Tufuell, H. Cowan, Charles Kershaw, James Vane, Lord 11. Cowper, W. F. Labouchere, Henry Walrusley, Sir J. Craig, Sir W.G. Lawley, B. R. Watkins, Colonel Crawford, W. S. Lewis, G. C. Willcox, B. 3l'Gliie Crowder, It. B. M'Gregor, John Williams, John Davie, Sir Henry Martin, John Wilson, James Dawes, Edward Matheson, Colonel Wilson, Matthew Denison, J. E. Melgund, Viscount Wood, Sir Charles Duncan, Viscount Milner, W. M. Wood, Sir W. P. Duncan, George Mitchell, T. A. Wrightson, W. B. Dundas, Admiral Morris, David Dundas, Sir David Mostyn, E. TELLTIII. Ellice, Edward Murphy, F. S. Hayter, W. G. Ellis, John Osborne, Ralph Hill, 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 Irish 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. [ADVERTISEMENT.] —To Persons Paralysed, &c.-- Extraordinary Cure by Holloway's Ointment and Pills.—Copy of a letter from Capt. E. F. Ferris, commanding Rumpore forces :—" Rohilcund, India, Jan. 15, 1849. To Professor Holloway. Sir,—l deem that your wonderful medicines ought to be well known, and I take the liberty of reporting a miracu lous cure that came under my own eye. An old woman had been for the last two years quite bed-ridden, having entirely lost the use of her legs from the hip joint. Her limbs were apparently dead, and without the slightest feeling; but by the use of your Ointment and Pills she is quite restored."—Sold by all druggists, and at Professor Holloway's Establishment, 244, Strand, London. REPRESENTATION OF SCARBOROUGH,--Fridßy is Axed for the nomination or candidates. 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. Act• 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 23d of May. " The Zemindar of Kuppradeen has evacuated that fort but has now fled into another stronghold. Captains Alagness and Bunbury have cannonaded it for nine days, and at last abetted him out." Lueknow 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 Hydrabad 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 Nizlm'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 Reminder, attended voiths great loss of life. The Talookdar was put to flight. lie is rep resen t e d as a man shunned by everybody — not able to obtain th e services even of menials. A private letter from Lahore of the 19th of May con tains the melancholy intelligence of the death. •by his own hand, of a young civilian, recently appointed to the Punjaub—Mr. William G-nrad Lochner. The marriage of Nuddeem 00l Moolk Bahadoor, adopted elder brother of his Highness the Nabob o f the Carnatic and son of Shurf oat Omra Bahadoor, with the daughter of Goolam Jeeianee Khan Bahadoor, who died at Mecca while on a pilgrimage there, has created some stir in Madras. Captain John Merritt, of the 2l 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 Britial clipper vessel Reindeer arrived here from Liverpool on the 9th-130 days' postage from port to port. The American clipper Oriental, from London, arrived on the llth-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 efforts of the Govern ment have hitherto failed to put them down. It would seem that more than one-half of the entire province of Kwang-si is in possession of the banditti and their chief, Tunteb, along with the principal towns, and the com mand of the navigation of the Pearl river. This cir cumstance sufficiently accounts fur 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 et 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 been done both for England and America. From Shanghai our advices 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 China to date is close upon 19,000 bales and 1,200 cases. Of tea to Great Britain the export to date may be estimated at about 61,500,000 lbs. Tonnage is abundant, and, aith the numerous arri 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 born to California. Present rates of freight are 21. ss. to 21. 10s. Her Majesty's steamer Salamander arrived hero on the 10th. She biougbt on from Ceylon a detachment of the Ceylon Rifie3. Her Majesty's brig Serpent has sailed for Trinco malee, Ceylon. In Marbour—Hor 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 left for Amoy, to relieve the lleynard, ordered home. M Shanghai—Her Majesty's brig Contest. Our latest dates are—from England, March 24; linitt d States, March 13; Calcutta, April 7; Bombay, 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 uego tiate on fair terms any but first-rate credit bills. Notwith standing thete circumstances, we cannot report any general I 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 and 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. Saftl)wer, 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. Coraha 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 fiat, and sales could only with diffi culty be effected at a further decline of 4a. to Ba. 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 continusd in request for I,ome and American shipments, and prices maintained extreme previous value. The demand for mustard seed has assumed more general activity, and prices improved fully 2a. Jute has developed 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 iu the condition of our import market, which still remains in a very depressed state, and with a constant downward bear ing. The season 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 shirtinms have been on a very extensive scale, but at a decline of about 2a. per piece, the market still having a declining tendency. White shirtings have sold but to a limited extent, 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 trilling. White twills remain unnoticed. A fair quantity of gray mada pollams has changed hands at a fall of 2a. to :3a. ; 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 down under the pressure of heavy arrivals. The sales of lappets have been greater, but without any improvement in value. There is very little doing in book muslin. Although this is a fa vourable 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 dency, the rather extensive negotiations having ruled for six months' sight credit bills at 2s. ld. to 2s. lid., and docu ment draughts 2s. lid. to 2s. lid., and latterly some of these were reported at 2s. lid. The hulk of the transactions .1u credit bills was dens at 2 s. Id., and although earli er intn mail some first-rate paper sold at 2s. Odd. The last. trans action we have heard of in credit bills was effe lid. These bills, owing to the superior facilitysocit c ould with ing them at home, are preferred. Documen t bill discounts difficulty obtain an offer anywhere, and weren s ly . to be placed on comparatively very disadva n • tgg ;o ° v us ed terms Freights which Freights are held for '2s. 6d. to ss• ' for pressing shipments, have been align ittedto. . . 7 a -:------------ CANTON MARKET REPORT. BONGKONG, MAY 24. Since our last tbere bas been a considerable business- done in imports, although generally at lower prices. Cotton—There has been an improvementiner tahtee.prlic o e ro s b f a o y r this article, and th e imports have been niod is quoted, St. to 9t. 5m.; Bengal, Bt. 501. t o q t • • sm. ' • Mad ras, 7t. sin. to 9t. 7m .; western, "it. to 7t. 7m. Stock, 24,300 s bales, against 20,000 in 1850. Cotton Yarn—No transactions. Nos. 16-24 quoted 28 d o lls. to 29 do lls. ; Nos. 28-32, 30 dolls. to 31 dolls • , Nos. 38-4 9 , 32 dolls. to 35 dolls. • Long Cloths—Prices have given g rays 1. 90 d olls. to 2 . 90 dolls. ; Way. The quotations whites, for 1.80 dolls. to 3 dolls. About have 45,000 pieces in all Woollens—Spanish stripes, been sold. assorted, 85c. to 95e. ; long * 7 ells, 6 dolls. 60c. to 6 d o ll s 7 dolls. 20c. to 7 dolls. 50 oc. for assorted colours ; scarlet, c* Iron—The sales are reported at 1,500 peculs. Rod is '. to 2 dolls. 85c; bar, 2 dolls. 13c. to 2 dolls. 30c.; round, 2 dolls. 90c. to 4 dolls. 20c. ; hoop, dolls. 80c. to 3 dolls. Ioc. Tin-plates -9 dolls. to 9% dolls. Cochineal-85 dolls. to 125 dolls. Turkey Opium- 360 dolls., and slifilcult of sale. Tea- The transactions during the month have been con siderable. Of congou a b ou t 17 chops have been sold, at from 13t. to lilt. In green tea, 35,000 to 36,000 packages have changed hands, leaving a stock of 70,000 to 73,000 on the market. Prices for the finer descriptions are lower, but those for the common kinds are supported. Exchange on England-First-class piper, 48. Sd. to 4a. Sti e d. India Company's accept e d bill s , 224 r. t o a2sr. per 100 dolls. Freights may be quoted 21. ss. to 2/. 10s. Tonnage abundant. From Shanghai onr advices are to the 7th. The import .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 done in green amounted to a few purchases for the American market. Silk-The transactions of the season were expected to have been nearly closed. Quotations remained unaltered. Tsatlee, No. 2, 430 dolls. ; No. 3, 390 dolls. to 410 dolls. ; Taysaatn, 280 dolls. to 315 dolls. Exports from Chi na , 19,000 bales and 12 cases, ,000 against 15,200 bales last ye ar . Long.Cloths-Prices for the lower qualities of both gray and white had given way, for the- better descriptions full rates were obtainable; grays were quotedl.Bs to 3 dolLs.l.l whites, 1.90 dolls. to 2.90 dolls. The salea of both descrip tions were estimated at 95,000 pieces. Spanish stripes in little demand; assorted quoted 90c. to 95c. Exchange on England had declines! to 48. Bd. to 4s. 9d ; on India Company's accepted paper 222 r. per 100 dolls. Freights-There was no vessel on the berth. (From the Siagapore Free Press.) SINGAPORE, MAT 31. The arrivals from Great Britain during the month have been the Ttident, Athena, and Mary Ray, from Liverpool. and the Iceni, from London, with a moderate supply of goods. The demand for imports, particularly for cotton goods, has continued since our last, but without the anticipated improvement in prices, which may be attributed chiefly te the large quantity of goods forced off by auction at very low rates. In exports great activity prevails, and as the supplies of produce, particularly pepper, gambler, coffee, gutta percha, and tin, are insufficient for numerous orders under execution, present prices are likely to be maintained for some time., E xchanges -On Eugland-Bills very scarce and much wanted. S a l es o f 30 days ' s i g h t B an k bill s , at 4s. 6d. ; an d SIX month s ' s i ght, at 4s. Via. to 4s. Bd. On Calcutta Court of Directors' bills selling at 219 to 229 per 100 dolls. On BombaY and Madras-Nominal. On China-Sales at par, and in demand. Tonnage-The Surge and Clara are loading for London; the Iceni, for Penang and London ; and the Christina, for Liverpool. Rates of Frcie'at-Tin, 21. per 20e. ; sago and sago flour in boles, 21. 155. to 31.; sugar, 21. 2 1. 10 10 s . !It. to *. gambler, a ty i sa go er , baskets, 0/. 15 s . to 3/. ; ditt o , in bales. 2/. 165.; mother-of-pearl s h e ll , 2 / . 10 s. ; gutta percha, 2/. 15s. to 21.; coffee, 2/. 10 g. per 18c.; black pep per, 21. rs. ; hides, 21. 15s. ; measurement goods, 3/. per 50 c feet. SHIPP IN G INTELLIGENCE. HONG-KONG, May 24. ARRIVALS FROM GREAT BRITAIN. At Hong-Kong—April 27, the Calder, from Sunderland; May 1, the Mooltan, from London; Alay 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 (Hamburgh), from Newcastle ; May 22, the Alliance, from Liverpool; May 22, the Ranger, from Milford; May 22, the Lisette (Russian from Hartlepool; May 23, the - Hamille Mitchell, from the Clyde. At Shanghai —April 17, the Androkles (Danith), from London; llrlayiq, the Succees, from Liverpocl. DEPARTURES TO GREAT BRIT Al\. From Hong-Kong —May 5, the Bangalore, to Liverpool. From Wharnpoa—May 8, the Menan, to London. From Shanghai--April 20, the Albemarle, to London ; April 15, tha Trent, to London. THE UNITED STATES. LIVERPOOL, TUESDAY Nxcirr. This afternoon, about four o'clock, the fine steam ship Arctic, Captain Luce (of the Collins line) was telegraphed off Holyhead, and has since arrived in harbour. The Arctic left the port of New York on the sth inst., and has made her best rec)rded passage on this oc casion. She has advices to the day of sailing. The number of passengers is 123, and the amount of specie 986.000 dolls. The ateain•ship Baltic arrived at New York, from Liverpool, on 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 breadstuffs 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 105; (almost nominal) ; Paris, 5 10; Hamburgh, 364 to 37; Bremen, 79} e. 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 oc. cupying the public mind. Dates from California have been received at New York to Ist 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 , built. The mining accounts were very good. The mercantile interest was not recovering 50 rapidly as was expected after the late lire:. Late advices state that the provinces of Pasto and Tcquerres were in rebellion against Bogota, and Ecu ador was likely to join. A battle bad taken plaoe, in which the rebels had been defeated, and fled to Ecuador. Valparaiso dates, of May 24, had been received by the British steamer New Grenada at Panama. Many parties had been arrested for participatioa in recent riots, but trials bad not taken place. The New Grenada bad 800,000 dolls. of silver on board. The accounts of a battle between the Dominicans and Haytians on the 30th May are confirmed. The Ilaytiana were defeated. TO THE SECRETARY OF THE BRADFORD REFORM ASSOCIATION. (EVERY MONDAY AND WEDNESDAY.) Sir,—On 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 ings 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 iu the case of other things not boasting of the supernatural. To you and to your ncighbourt,oocl, the hotbed in olden times of the op position which stilt was young, the information cannot fail to come with a ploasing tocnse a 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•Genend was heard t ) prsy to be defended from " judge-rnsde law." It is many )ears since Bentham opened the fire of his baTeasm on " judge-made law;" stud now the attack has wrough t it s way i nto t h e h i h places of the Ministerial bench. So true it is, that no good seed is ever lost. In 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 general movement for the restoration of the Corn Laws, crowned by an intimation from one quarter of sonirthing like a compensation to the agricultural interest for losses endured. All parties evinced the usual horror of principles. The Govere: meat replied to small details by smaller. No word 01 defence from the Free Trade benches. Such folly has not been seen since the day Eve ate the apple. Yat'af" let down; you are surrendered; never was a gained__ cause so thrown away. A side which will oo s t llo a w e s ier ts u itself, which cannot be made to show, enemies to gather round it and pile uwphichumenta tilt go , ar fred must people conclude that what is tin i,;: w policy, is be true,—a side which follows this movement but it is 'plain. the announce beakn to be in with. For ag th a e ins p tte r n e 9 sz t t gb. was stopped by 128 votes You will be enough which way the current is a u will have the comfort c gd b t y he stoppage roused from your biumbers 5,0...111: meat of a Protectionist Mint.. age of thei time for action, of k your trade by law; and then information of who it 'PM that of all people who have lost . as l:• lug one another for ~ v urs.very sincerely, would have thought it. i I am, S ' r, ' o AN OLD REFORMER. London, 16th July , 185 I • lib UGH EIE -7— C TIO N.—RIOT. KNARESB O MORNING.—The election representative, in the r of a OOOl of the late Right Hon. Iles, has ev • KNABEsponor!GH,.ThEaD....y Ca I I attack di d a t b e y . w. S. Las" . el huttted in a split in the Tory a nd aa T m h o e b c o a n f . i d a tes bludgeon-men nomi. c3n3 P' t he succ r e lo ss t f o u u l s u p on , j ' a t e d on Saturday wk , re Mr. T. Collins, barrister, mo derate Conservative or Peelite; and Mr. Andrew Lawson, a c ounty megistrate, an ultr.-Tory and Protectionist Upon Mr. Lawson coming forward great excitement took place, as he had promised not to oppose Mr. Collins. The polling commenced at eight o'clock on Monday morning, and continued until four in the afternoon, when Mr. Collins was returned, having polled 95 votes to his opponent's 64; the returning officer, therefore, de- Blared Mr. Collins elected by a majority of 31. The constituency is 217; so that upwards of 50 did not vote. After the declaration of the poll, the new Member and his friends were assailed by the Law sonitcs with eggs until they were pretty nearly smothered in yolks, and this was followed by volleys of bludgeons, stones, &e., flung at the persons upon the hustings, many of whom were cut badly. The Courthouse windows were smashed, and an atte mpt was made to tear down the temporary hustings,_ w hilst there were at least 100 persons upon them; but o this w m. aii r luckily prevented. In making his way to h i s n Collins received a severe blow t he uponled head with a . s 5 bludgeon, causing a wound which b town, profu s ely a . t was great was the excitement in the ceremony „ 1 . . deemed unsafe to attempt the usual of chew olice were not in sufficient ing" the new Member. The . p parties, but force to arrest any of the guilty will the names of and they be brought the ringleaders are known, before the magistrates. Dispatches were rece ived yesterday at the Colonial office, from the Governor of Gibraltar. t T I-1 E S jj N, LONDON, WEDNESiIAY EVENING, JULY 16, 1651. ...• lON