The Sun. — London, England, 1840-07-13 00:00:00

EVENIISG EDITION• thought the Hon. Member 'note in order in adopting it.—( Hear s beae.) The following is a full report of Mr. Wallace's 1 Mr. WALLACE—Sir, if the rule had been other speech on this subject in the House of Commons on Fri- ! wise, where, I would ask, is a Member of Conitleitted day night, which want of space compelled us to Ito seek for justice ? I come here for jeistite. I say a abridge : \ stain has been put upon my Perliamentary character, by Mr. WALLACE then rose to bring forward the ' expunging a question which I put, and I am determined traotion of which he had given notice, viz.—" To call that no stain shall remain upon that character , so long as I the attention of the House to the Report of the Select I can prevent it. I will not only show that it is a proper Committee appointed to inquire into the Administration • que stion, but, if necessary, I will go into a scene not at all i of the 'Law in the Supreme Court of Scotland ; and to creditable to those engaged in it ; and I ask my Friends move, that an humble address be presented to her Ma- ! opposite, whether they had not an interest in choking jesty, praying that in virtue of the provision in the Act this question?—(Hear, hear.) Now, I will proceed '2 and 3 Vie; c. 36, and in consequence of the facts with the question—this is where I stopped :—" The which have been disclosed in the e vidence taken before Lord President and Lord Gitlin., and also by yourself, the Select Committee appointed to inquire into the Ad- to retain his situation, and withhold his resignation till ministration of the Law in the Supreme Court of Scot- after the Summer Session, those two periods of absence land, that her Majesty will be g raciously pleased to being equal, together, to about two-thirds of the judi command the thirteen Judges of the said Court to ex- cial year. Can you inform this Committee if this ad tend the period of their sitting in Court by two calen- vice was offered in the conviction that Lord Core der menthe in each year ; and that this shall be effected house's services could be dispersed with, and that three by extending the current summer Session by one Judges had been sufficient and would be found sufficient month. Also, to call the attention of the House to the in his absence, to carry on the business of the Court nature and extent of the duties appertaining to the office during the long period specified ?" Now, I submit that of Lord Advocate of Scotland, with a view to their this was a most proper question, because it goes to being defined and better regulated." Availing myself prove that the Court had been thoroughly well con of the Constitutional practice of this House, I rise for ducted. and justice duly admit istered without any fault the purpose of bringing forward a case which I consider being found by suitors, the profession, or Judges, dur to be one of grievance to the public, and wish, in the ing two-thirds of a year. in the absence of that very first place, to call the attention of the House to a re- Learned Judge. That, therefore, is sufficient to show port which has been lately made to this House on the that one of the Judges might be dispensed with. I conduct of the Judges of the Supreme Court of Scot- will not enter further into this master, because I con land. At this late period of the Session, I shall en- ceive I have vindicated my position in this respect ; deavoer to be as brief as the nature of the case will but it will further appear, upon the proceedings, a admit, while I shall, to the best of my ability, bring the strong feeling existed to exclude unpalatable evidence, question before the House in such a shape as to make and that certain questions put to a witness by me were it fully understood. The Report to which I allude is also expunged, and, lam sorry to say, it was upon the now in the hands of Hon. Members, and, in my humble motion of a Learned Doctor, not now presen t, that judgment, is not a Report, properly so called, but a this also took pace —l allude eo the Learned Judge , the l running commentary, and there is no one instance in Member for the Tower Hamlets. Now, what was which the Chairman who prepared the R port, the occasion of this? A Bill had been introduced in has ventured to make reference to the particu- 1785, by the Lord Advocate of that day, when lar parts of the evidence on which that Report the business of the Scotch Courts was double is founded. Sir, in the course of the statement what it is now. the object of which was to reduce which I purpose to make to this House, I shall not the number of Judges ; and it was to get rid of the only allude to this report. but to the effect which the collateral evidence in that respect that the motion for office of Lord Advocate has had as regards the expunging was made. Now, there is another thine judicial business performed in the Courts of Scot- that I have to complain of, an:l that is, that the Ch lir land, and also as regards the manner in which the husie man placed my name in a division, instead of that of the ness of Scotland generally is conducted in this House. Hon. Baronet, the Member for Bute, who stood alone Sir, I beg to assure the House and my Hon. Fricod in a division respecting the Chairman's Report, and my the Lord Advocate, that, whatever I may say respect- name is placed as the only objeceng Member to a ing his office, I shall endeavour, to the beat of my measure which I supported as one of the majority. ability, not to forget that position which he holds, and Igo into there matters for the purpose of showing that deservedly holds, in the estimation of the country, as a there were some Members who were anxious to limit distinguished officer of the Crown, as well as a distin- the evidence. Now, in passing, I may just say that guished member of the College of Justice in Scotland. the evidence which was tendered by the Professor of Sir, I shall endeavour, in the first place, to show that Scotch Law was of a nature highly creditable to that if 103 days and two hours daily are sufficient for the gentleman's head and heart, and would convince any Courts of Justice to sit, there must be too many set of men who look to the subject dispassionately, Judges. It appears to me a clear case, that 103 days that the Courts of Scotland now require, and have long and two hours a day in one set of Courts, and four been in need of, a great deal of amendment. That hours in the other, is altogether incompatible with the learned individual, be it remarked, is a disinterested nature of the duties of a Judge. I beg the House person ;he was not looking for office ;he Lad no ex to recollect, that, about this time twelvemonths, the pectetions of being raised to the Bench ; he is a dis salaries of the Judges of the Court of Session were tinguished member of the Bar ; and the evidence is of raised, in order to place them in a situation be- great importance, as it goes to show that the whole yond all anxiety as to pecuniary considerations, and in system of our jurisprudence is extremely defective. Th e return, they should give the wh o le of their time, as well Report of the Scotch Law Commission in 1834, is to as their minds, to the business of their Courts. I shall the same effect, and the same thing will be found upon further endeavour to show, that, by an Act passed last looking to the volume of the Edinburgh Review, re year, as well as by others, it has been attempted, and sue- (erred to in the evidence which was expunged, the cesefully, to lead the public and this House to believe author of the article being none other than the present that thirteen Judges are really required. I shall Lord Jeffrey : and if Hen. Members are anxious to also endeavour to show that were the sessions cx- pursue the matter further, and will look further into tended and the vacations diminished, the delusion would I tho ninth volume of the Edinburgh Review, a work vanish, and Nine Judges be found quite enough. I so obnoxious to some Honourable Members of shall further endeavour to show that the administra- the late Committee when expressing opinions con tion and patronage of the office of Lord Advocate trary to their views for the moment, they will there tends to keep up this delusion with regard to the fled, even at that distant time, the Court was in the business of these Courts ; th n at that office has same disrepute as it is none and in which it will most been in all by-past times the Inedium of dispens- assuredly remain if the Jurgs are allowed in future to ing patronage to an enormous extent in Scotland, jo on as they do at present, which it is understood is which patronage, if not altogether confined to the the Lord Advocate's proposal and advice to the Govern legel profession, is chiefly so, and therefore that ment. On the part of the people of Scotland I insi:t no person holding s uch a situation with a seat in this that the course pursued by the Scotch Judges ought to House can hold that perfeetly upright ani unbiassed be altered and their number decreased. The present position which he otherwise should do as public prose. , number of the Judges in Scotland is thirteen, and it is e.utor. I shall show that the numerous and con ti nue d ! the general opinion of all but Edinburgh lawyers that appeals to the House of Lords is one of the nine would be quite sufficient. Sir Islay Campbell, most n-onstrous evils of the system—that the that highly distinguished Judge, and many sears Pre thirteen Judges of the Supreme Court have not sident of the Court of Session, was of opinion the confidence of the people of Scotland, and that in 1785 that ten Judges would be quite Scotchmen look to the decisions of the Lord I sufficient, at which time the business was Chateellor of England (who in point of fact far greater than it is at the present moment. 'rho performs the duties incumbent on our own Court business of the Court has been regularly decreasing for of Appeal), rather than to those of their own Judges. forty years ; it has decreased in series of years, and con- I shall endeavour to show fromthe evidence tinues to necrease year by year ; and yet in - the lace of this taken bef o re this Committee that nine Judges would there is a determination on the part of the Ministers be amply susei ent , w o uld g i ve m u c h more satisfaction, and the Lord Advocate to maintain the patronage of and greater uniformity of decisions. Sir, I shall first thirteen Judges. It has been made plain that twelve advert to the nature of the Committee that was ap- Judges, in the absence of Lord Corehouse, did the du po.inted. Many of those who belonged to that Corn- ties last year by sitting 113 days, and two or three !natee are of the legal profession, and lam bound in hours daily ; and yet it would seem that thirteen Judges justice to say that those who really did attend gave the must be continued. The returns to this House and the most patient and Zealous attention to the els:- evidence in this respect will show the enormous arrear dente. The people of Scotland are much indebted of business in the Courts of the Lords Ordinary ; but to the members of the English and Irish bar this exists in three Courts only out of five, for 1 am who attended, and it will be seen that they at credibly informed, and shall endeavour to prove it by a any rate fully appreciated the real objects of the return, that two out of the five Lords Ordinary are not Committee, which were, to ascertain ,shether, by entrusted with a single ease for debate, but merely with improving the system, and increasing the sessions and matters of routine, quite unfit to occupy any other but diminishing the vacations, the number of Judges might Scotch Judges. Thus three Lords Ordinary, sitting not be diminished. In the first place, in the Report 103 days only in the year, perform the whole judicial from the Chairman, or, m or e properly speaking, from business of these Courts, to which five Judges are ap the Lord Advocate, upon which lam now commenting, pointed. It i s thus plain that while twelve did the du. the object appears to he to- declare that great dissatis- ties last year, e leven are performing them at present. faction prevails generally in S c otl an d o e t o the a drninis- The suitors are now allowed to choo , c the Judges trillion of justice, and so decidedly bas th a t f ee ling per. before whom their causes are to be heard. How long vaded the mind of the framer of the Report, that the has that been the case? Why, Sir, only two years ; it word dissatisfaction occurs not less than thirteen times is a late practice. I see my Learned Friend the in the Report—there thus being one application of the Lord Advocate look with surprise, but I assure him and term dissatisfaction for every Judge in our Court.— the House that my statement is true, and that the prac ( Hear, bear, and a laugh.) Sir, the witnesses who tier is but a late one. And what is the effect of it ? were brought before that C mmittee were, as I believe, Just this. There are two Judges who have not a single of a very unusual kind. They were fourteen cause upon their Debate Roll, and there are several in number, and in the I:st there is the pre- professional gentlemen now present in this House who are sent Lo r d Advocate, the late Lord Advocate Sir conversant with the practice, and may corroborate or con- William Rae, the late Solicitor-General,has at Lord tradict my statement. I fu ll y believe it myself, and Ivory, Mr. Hope, the Dean of Faculty, who is that it will not be c ontradicted. Another effect at the head of the Scotch bar, and sir. M'Neil, who been that, by way of occupying the short time they sit, I may al s o s ay is at the head of the Scotch bar. Here and as an excuse for keeping up the full Court of thir are five witnesses who have been called to speak to teen Judges, who are said to be so dreadfully hard the propriety of diminishing the number of the Judges, worked by sittings of two hours a day, they are occu each of whom is an expectant he the event of a vacancy, pied in disposing o' mere motions of course, which is not, according to the political party which happens to be ha as I have stated many times before in this House, proper power at the time.—(Hear, hear.) Now, Sir, I say judicial business at all, being disrespectful to the judicial that this is a most extraordinary selection, and one station, and ought never to come before them. One of the which I must say, being made by my Right Hon. mostaccurateandintelligentof the witnesses who appeared Friend the Lord Advocate, did surprise me, as if in before the Committee said, upon this point, and re order that I might handle it, as I purpose to do, both in specting the one or two causes allowed to be tried daily, and out of this House. The next witnesses are two the Judges were glad to spread the business they had to official gentlemen, namely, Clerks of Court, and a third transact over as large a space of time as possible, so is a professional gentleman who filled the office of that they might have an excuse before vulgar and un- Secretary to the Scotch Law Commission. Now, if professional eyes for keeping up their numbers. This the position of these gentlemen be looked to, and if you evidently, and nothing else, was the meaning of the ex are to carry oet the principle that no one shall sit on pressions which felt from Mr. Hunter. Then they have the bench who has any interest in the case to be tried, another way of passing their time. What do these hard- I insist that the opinions of these gentlemen are not worked Judges do ? In place of the same set of men entitled to the weight which they would otherwise have sitting in one Court, and adjudicating upon all cases that bad. On the other hand I produced only five are brought before them, they have four different Courts witnesses out of the fourteen. I thought it vain to run about to ; first, there is the Exchequer, to seek for witnesses among the profession of then the First Division, then the Second Division of advocates, but sought them in the profession known the Inner Court in another place, and the Court ofl in this country by the title of solicitors, who Justiciary somewhere else, but all under the same roof can have no interest in the situation of a Judge. One and adjoining each other, and all kept up for the mere sake of these gentlemen admitted that if the business of the of appearing to have something to do ; they thus run Court of Session was no better done than it is at present about from Court to Court, shifting their gowns ever one Court of Review could be very easily dispensed lastingly, all to fill up time ; first, they put on a black with. , The other four gentlemen, of high legal informs- gown for one Court, then a red one splashed with tion•and constant practice in the Courts, and whose tes- white, and anon, a white one spotted with some timony could not be shaken or impugned, diatinctly,and thing else (Hear, hear, and a laugh) this is in the strongest terms declared, that nine Judges would a positive fact, and is so well known that I did not only do the whole duties of the Court of Session, not think it worth while to bring it out in evi hut would do it in a much more satisfactory man- dente before the Committee, or that it is alleged, they tier than thirteen. This evidence should have the are obliged to dress in those various costumes, in order greatest credit attached to it, because these gentle- that they themselves may know whether they are ad men have no personal interest in the matter, wise- judicating in Equity or Law. In short, the whole sys thee there be thirteen or thirty judges, while it signi- tern is a disgrace to Scotland. I may be laughed at fled very much to the first five witnesses, if not to because 1, the unprofessional intermedler, as they call more of them, who, at some future period, wo uld me, meddle with a professional subject, but I have not certainly be considered eligibl e can did ates f or any va - spent the last twenty years et my life with my eyes cr cancies that might occur. I would now call the atten- ears closed. Those professional men who are present tion of the Under Secretary of State, as Chairman of the will understand when I tell the House, it was made quite Committee, but regret that he is not in his place ; I w ill plain to the Committee, that in making up what is beg the House to look to the proceedings of this. C orn - called the Record, there is often a certain pro naittee, and they will there find a circumstance which to i ce ss gone through for the mere purpose of getting me appears quite unprecedented, "mein, that a ques- .an excuse for forcing the Judges to listen to tion put by a Member of the Committee has been the long speeches of Counsel, so much admired expunged by an unanimous vote of that Committe e , by the Learned Lord A dvocate. The re g ul ar the Member excepted , who had put . the question , decrease of business has been shown by innumerable Now, Sir, I must here read to the House the question returns. Some attempt was made in the Coln so expunged. The question was this, and put by m y_ rnittee to throw doubts upon the accuracy of these, m a—. It appears, among other correspondence in what but it was totally unsuccessful. Then with regard to is commonly called the Corehouse Papers, that Lord vacations, and the former hackneyed excuse that the Corehouse, having been struck with a permanent infir- Judg es h a d a grea t quantity of printed paper s to read ; mar, was not inCourt after the 26 th of January last year, ther e i s now no suc h thing, and it is the from which date nearly one half o f th e a ctu a l judicial earnest desire of a ll parties, both in and out sittings of the long Winter Session was unexpired ; and of Court, t h at t h ere s h o uld net be. Now there that he was advised b y two of ltis brethren on the can be no judicial pretence for such long idle- Betch, the Lord President and Lord Gilles"— resss. The Learned Lord Advocate led a vast Mr. Sergeant JACKSON--Sir, I r ise t o or der. I deal of evidence, showing his anxiotte wish to make certainly am an inexperienced Member of this House, it appear that the Judges should sit to hear counsel but I would submit to you whether it is c o m p e t en t f or debate matt ers with which they were themselves suffi an Hon. Member to read a nd discuss in the House a elentl y ac q uainted and prepared to decide on. Now question whi c h was considered irrelet ant by the Coin- this is only one other lame excuse for keeping up the mittee, and was expunged by them. irreversible number of thirteen Judges to crawl on hear- Mr. HUME submitted that Isis Hon, Friend was in ing one case, or, probably, one and a quarter, as is she perfect or d er i n ma king use of any information in the I practice of the two Courts of Review, in a day. Sit, way of app ea l t o this House, because, if it was not 1 since this matter was last before the House I deemed correct, it might be rebutted by any Hon. Member. it my duty to go to Edinburgh and make personal in. Mr. F. MAULE agree d with the Hon. Member for quiry into the subject, and found that the public were Bandon 03 the irregul a rity of the proceeding, but would much dissatisfied with the whole working of the sys leave it with the Chair to decide whether, in the course tern. I would ask where is the necessity for Judges sit he was adopting, the Hon. Member for Greenock was tang as a Court of Appeal, hearing at greater length than in order or not. to satisfy their own minds, the arguments of counsel The SPEAKER s a id, if ho un d ers tood the question against the deliberate decision of one of their own rightly, it wag whether the Hon. Member could read number ? Considering the previous ample discusssion that part of . tbe.enarninetion token before the Comma- which cases receive before the Lords Ordinary, and the tee which" was expunged,' and therefore did not form i printed papers which the Judges think necessary to part of the - Renort- That course might certainly be an ! order in a case before them, surely it must be wholly neoavenieat i one, but be was bo un d t o say that he 1 unnecessary, and a mere waste of time, to listen to , COURTS OF LAW IN SCOTLAND. ttiE' 5u'N,.....i,0:13.6.N. ivibistD.ii JULY►' ii, i_ict state of the business ; but have the Judges listened to these by direinishine, their own comforts and extending the Session? No ; and the Learned Lord says Government is not prepared to advise the extension of the Sessions. — Now, Sir, to show in what a state our Courts are, I have a return of the appeals to the House of Lords, from the Courts of the three kingdoins from 1823 to 1836. It is a return made by the House of Lords to the Committee whose Report I am now commenting upon, and it begii s in March, 1823, and ends in June, 1836. The whole number of appeals during that period from the Courts of the three kingdoms was 813. What will the House suppose was Scotland's share ? Why, Sir, out of the 813, there were 598 appeals, or s; ry nearly three-fourths of the whole, from poor Scotland ! —(Hear, hear.) Would any men credit that our Judges are in such a state of disrepute with my countrymen that they invariably app ea l ? If they can men of them eos to the findHo m use o o n f ey Lo e rd n s o . ugh Th e er e e ry e are thousands who openly de clare, We do not care whether you decide against us or not, we have money in our pockets, and we will go and oh ain justice from the Lord Ctiettcellor ot Eeetatal. But what becomes of the poor ? Our Judges c are no thing for them. l know of no case of any importance that has not been brought to the House ot Lords. 598 appeals front Scotland out of 813 is staple proof ot what sort of justice is administered, and what sort of conduct the Judges show towards the people of Scotland. Now, Sir, the motion upon the paper is of it double nature. It relates not only to the duties of the Jud=os of the Court of Session, but, as I have said before, it aiso relates to the office of my Right Hon. and Learned Friend the Lord Advocate. This is an office entirely unprecedented in the known world, either for its extent, its unconstitu tional character, or the din gi er that might be anticipated if it were placed in hands that chose to wield its powers arbitrarily and tyrannically. Its powers have been wielded, so far as my Parliamentary recollection serves me, and I mean to confiho myself to the pes-ing of the Reform Bill, with moderation and mildness. The Lord Advocate is a public prosecutor, and a great political officer of State, possessing powers of unknown extent and magnitude. Sir, I hold. it impossible ter any individual to be a public prosecutor, an of f ice which i 3 extremely useful, and which I hi .1 eve to he a great want in theejurisprudence of E tgland—l believe it to be impossible for a public prosecutor to be connected with • palitical affiirs, a s the Lord Advocate is, at d at the same time to do justice to his high office. It is all very well in times of tranquillity, where no danger is to be apprehended ; but there are pl• my of instances in which gross tyranny and drrel:ct:on ot duty ha, oceurr,d, as can be testified by many Hon. Members oh this House. —( Hear, hear.) Tint patronage of the Lord Advocete is said to be little or nothing—perhaps it is not very visible, but it is enormoas for all that—( 11 -ar)— and it is well known to the people of Scotland that no man can succeed to any intim. taut situation unless by under-hand or over-hand means he i.. enalded to oh ain the good opinion and patron tee of the Lord Ad the long speeches of Counsel, which Et - a Mi'e Le an e d I Lord Advocate ikeiy iii'' , never exceed four teen slit i eee hours.—(Hear, hear.) Now, Sir, ilitte is one cause of confusion and expense in these Courts which is quite unknown in any other Court in any country, and that is the way in which Counsel are continually taken away from the bar. After a case having been proceeded with, in due form, the Counsel is not allowed to go on and finish his arguments, but some one comes frora some other Court, and taps him on the shoul der, in the manner of a tipstaff—and away he must fly. to another Court, probably to plead a cause which upon some former occasion had been broken off in the same manner. The Scotch Judges are exceedingly anxious to hold out the similarity of their duties to those of the Court of Chancery in this country, and are de sirous of throwing dust in peoples eyes, by comparing the nature of their duties to those of the Court of Chan cery. Well, a comparison they shall have. Now, if Hon. Members will take the trouble to listen to the Returns I am about to read as to the duties of the Judges in Chancery, they will hear one of the most ex traordinary contrasts that could possibly arise in the ad vocacy of any question, and I trust this expose w;11 have the desired effect on the Ministers of the Crown, and on the Judges of the Court of Session. By the Return of the Coutt of Session it appears the Inner Houses sit five days in the week, and two hours daily for 113 days in the year. •rnat the Lords Ordinary sit tour days in the week, and four hours daily for 103 days in the year. By a Return to this House, dated 30th March. 1840, No. 178, showing the time the Masters in Chancery attend their office, independently of their duties by rotation during the sitting of the House of Lords, it appears that the days of attendance in the year vary from 165 to 221, and their hours from three and three quarters to six hours daily, averaging 188 days, and nearly five hours a day. And it op. pears, from other sources of information, that. the Vile Chancellor and Master of the Rolls, each sit thirty hours weekly, and the Lord Chaneellor twenty-five hours. The case will therefore stand thus SCOTCH COURTS, SAID TO RESEMBLE COURT OF CHANCERY:— Inner Houses-113 days; two hours daily being 226 hours in the year, or a little more than forty-five days of five hours each. Lords Ordinary-103 days; tour hours daily, or 412 hours in the yea-, or eioov-two days of fie, hours each. COURTS OF CHANCERY. Lord Ci-ancellor, in his judicial eapacitv as such in the Caurt of Chancery or ir. the 11-use of Lords, 200 'lays of four hours daily, or 825 hours in the )car, being 165 (lays of five hours each. Master of the Rolls and Vice-Chancellor about 200 days each, five hours daily ; 1 000 hours in the year, or 200 days of five boors each. Masters in Chancery, each, on an average, sit, besides their attendance on the Howe of Lords during the sitting of Parliament, 183 days, nearly five hours daily, being 940 hours in the year, or 188 days of very nearly five hours each. -..... _ ._ . . The House will see from this that, bad as the Court of vocatc. To thew the nature and extent of his powers, Chancery is, it is only but half as had as the Court I may mention that he has under his controul the of Session. The Masters in Chancery get 2,5001., Solicitor-General, the Crown Agent, Depute-Advo while the Scotch Judges get from 5,000/. to 3,0001. cates, Sheriffs, Procurators Fiscal, Justice of the Peace with a vacation of seven months in the year, and the Clerks, Borough Court Clerks—( Hear, and a laugh)— Masters in Chancery get scarcely any vacation at all. Sir, in fact, there is no office which ever did exist in Scot- I have already said that three Lords Ordinary do the land that he does not represent. And if I should cell whole of the duty, and I have said it might have been him L uy chance in this debate the Lord Chancellor, proved before the Committee that the Court has been Privy Council, Grand Jury, Coroner, Lord Lieutenant, managed with twelve Judges only, and virtually now or Comtnandsr of the Forces by sea and land, I should has but eleven. It is then, Sir, very plain that fewer make no mistake, I should he quite right.—( Hear, than thirteen Judges have carried on the business of the hear, and renewed laughter.) If I should go further, Scotch Courts. Again, in what way do the Judgese and a dd to these that he now appears to be the keeper fulfil the duty thrown on them in making laws for the of the conscience of the General Assembly. Monitor of guidance of persons practising under them. What the Judges of the Supreme Court, and Perharneutary have they done towards making a simple. cheap, and R e p r esentative General for all Scotland, the Honge will easily understood system of pleading in their Court ? see bow far his influence and power extends. In het, They have been permitted to make laws under the name no Scotch representative can carry on succ,sstully of Acts of Sederunt, and it is a fact that those Acts have any public measure affecting Scotland without his not been revised for upwards of 100 years. It is in nod and concurrence. In addition to these, evidence before the Committee that no professional it may be said truly that he is commander-in-chief of 311 man, any more than the Judges themselves, can tell our Parliamentary business. No independent Member what part of them had fallen into disuse, or what might can move a peg, or get a Bill forward a single stage, now be cited, what was applicable, and what inap- without- his approval, although I do not mean to say plicable ; and, in short, the Judges have allowed their that he has been so very successful in getting his own Court to get into such a state of confusion, as to have business forward.—(Loud laughter and cheers ) If the caused the very great dissatisfaction admitted by this Lord Advocate was an independent official personage, Report to exist throughout the whole country. I now then he would Act as the Secretary of state for Ire wish to call the attention of the House to the feet, that, i tam a , does, and insist upon turn and turn about with the upon next Saturday, the 18th inst., the thirteen Judges h ; Scotc h o ..us.ness in this House. He would noi submit to be put aside or passed over by any man ;hilt lie is tat may disperse themselves all over Europe , if they should think tit, and will not be seen in the Court able to do so, being so mixed up wirn political matters. halls for the ensuing four months, at any rate. I speak of the system, not of the man, and I must . I know what my Hon. and Learned Friend wilt say on say that I have Lever seen any Lord Advocate one bit this point. He is going to tell us of a Judge better than sittihe -, with regard to Parliamentary independence the weekly upon the Bill chamber business ; but I wi l l another.—(Hear, hear.) My Hen. and Learned ask him it' ever the Court-house doors are unlocked Friend who at present holds the office, is about as el during the long vacation ? Does not this said Judge ficient as any of them ; but he has much more to do merely sit in chambers ? That's my question. I say the Courts are all completely shut. Now there is than Lis Parliamentary duties, and if I were to move for a return °lase time he has spent in the House of Com another fact which I wish to mention, and I have it mons, and the time he spends in the House of from very , high Authority. It has been.often stated, horde, r I am quite sure the return would show and I believe with perfect justice, that the Scotch bar that he has spent thrice as much time in the cannot maintain the present number of Judges. You latter as in the former. If I was to move for will find it stated so far back as 1785, by Sir Islay a return of the business which my Right Hon. Friend Campbell, and corroborated in the Edinburgh Review, has conducted in the House of Lords, as the Court before alluded to—you will find it acquiesced in by o f Appeal trom Scotland, and given his mind thereto, Lord Jeffiey in that periodical, and by one whose ac- as compared with the tune he has devoted to the quaintance with jurisprudence was far greater than business of the House of Commons, you would find that of any of these ; - 1 allude to Sir Samuel Ro- that it was ten to one —or, indeed, I don't know , milly, in whose memoirs it is recorded that unless what the odds would be—it would te, to use a com- Pe litical partisans were appointed , the bar .of Sc otl a nd moo phrase, " All England to a Magpie."—( Hear, could not supply men of sufficient talent, to keep up hear, and much laughter) The House is probably nut the present number of Judges. Those are authorities aware that, in his capacity of Lord Advocate, be may which I conceive to be of no small weight, and there- bring the most serious charges against the character of fore. I do say it is for the consideration of the leader of any man, in every station, and never bring the mater this House, who is the adviser of the Crown, whether to public trial, and that without assieniug any reason he cannot recommend the very small improvement, which is all I ask at present, of directing that the sittines called a Procurator Fiscal,whatever. We have, in Scotland, a mest useful effieer, of the Judges should be extended so far as provided whose business it is In eX6L mine into crime, and prepare eases for the 'Croat) for by law if' the Crown shall - so command, 1. ex- C,Sunsel, - the' Depute Advocates; and ihe Lord pact I shall be told it is . better to leave matters Advocate. Now, Sir, no own can . demand any alone, and allow the Judges to make -the necessary im- .inforinstitin as to the eases i nvest gat ed b y t h e provements. But I would- ask, when have -tley castle above - officer. -. The Lord " Advocate may act in any improvements? That's re f queatine,—.(l-leur.: - such • c Lies, - or e not act at a ll, . j us t as l i e pk ,,,-, 2 , s ; hear.) You have let them alone since 182.5, when you e ise`may try or dismiss , a party, and 'is not stuiject to passed the Judicature Act, and I wish to state distinctly any action . for damages for his cenduet. "The tibUSEI befot a this House my belief that some of these learned of stieb a syStem may be carried to an enormous ex. men have often stated in private that they would not tent. For example :In the time when L or d . J effrey interfere by Acts of Sederunt, nor would they apply to was Lord Advocate I had occasion to apply for the- the Legislature to explain and amend the said Judica- particulars of a precognition taken with regard to the ture Act, but let the people suffer, and take the alleged murder of two seamen belonging to the po r t c onsequences of Parliament interfering with their which I have the honour to re p resen t. Sir, I never privilege of law-making, which Parliament had could s get a sight of this precognition, nor was the done in passing the Judicature Act. I do state ' party ever brought to Irk], although- the widows of the most solemnly that I believe they have never two men insisted for a public trial; the reply given ine applied to any Lord Advocate, or stated to was, No, it is contrary to the ordinary course ; and they the Ministers of the Crown that this Act was too would not and did not produce its I applied again to stringent and unmanageable, and that they could not work Lord Murray, and after various tedious and protracted under it beneficially to the public ; and also that they applications I was refused, and according to th e system, have made no complaint, either directly or indirectly, properly refused ; but this will be sufficient to show the to this House or the other House of Parliament, or House the enormous, irresponsible, and dangereus power the Queen's Government. No, they have sat, as I said of the Lord Advocate of Scotland. Now, Sir, a great deal has been said with regard to the criminal duty of before, in a sullen sulky mood, and seen thousands of my unfortunate countrymen ruined entirely in trying the Scotch Judges. The fact of the matter is ilea it questions of mere form. Will the Learned Lord Advo- is now-a-days comparatively a mere farce, being cute deny that ?He may deny the allegation I have made, almost entirely prepared or provided for by Sheriffs as to why they have done so ; but he cannot deny the fact and theft Procurators Fiscal ; and if any one that thousands and thousands have been ruined by try- doubts this, let hint go into the High Court ing mere questions of form. These, Sir, are what I of Criminal Justice in 'Edinburgh, or any where conceive to be the neglects, if not faults of the Judges, else in Scotland, which has been so much lauded, and the reasons why I think they ought no longer to and lie will fled there sitting three Judges, a Lord Advo be continued in their high prerogative, but to be sub- cate, a Solicitor-General, and one of his Deputes, per jected to Parliamentary interterence. If they were con- baps, trying two or three little cnildreo, from eight to fined to one Court, in place of running about from twelve years old. There they would be found in their Court to Court, as at present, the business of Ermine, with their Lord Advocate , or those under him, the country would be done a great deal be ter. w i t h a l l the paraphernalia of a great court ot jthtice,tryni g it the Courts of Exchequer, t h e ivied Court, such insignificant cases, just as it ' they had coleinitted and Justiciary, were merged into the Court of the most heinous crime of hie') treason. Toe seine seine Session, and the duties of those several Courts done farce pervades the eh cuits of the few towns the Criminal in rotation as busing ss occurs, there would be no ex- J u d g e s v i s i t, f or t h ere , as In Edinburgh, they find the cuse for two co-ordinate Courts of Review—there cases so thoroughly sifted and prepared by the excellent would be no longer an excuse for thirteen Judges, and and efficient local authorities, and under the odious but there would be an immense improvement in the adminis- easy system o f a pplying the former sentences of Inferior tration of justice, and great saving of expense and delay cour t s, to eke out the crime which poor ignorant crea to suitors and the country. I say, Sir, Parliament is tures stand accused of, which system is in Scotland bound to interfere. That such interference is access try has called " Hebit and Repute," that the Judges now have been amply shown by the evidence taken 'actors the Corn- rarely cases to try of any great difficulty. In fact, the mittee, but which is not to be found noticed specifically p a rade of Judges entering Circuit towns in Gown and skies.—(A laugh. ) If sens ibl e in the Report by the Chairman, although glanced at Wi g , and - preceded by Trumpeters, &c., is n"‘" in the last pagee as much as to say, these are things mocked at b which have been spoken to by the witnesses, but they were Avid yet this at by unprejudiced piarteiease,hitcowuitillt Judaea and the part of the duty of our of such minor importance to the main object of Counsel Lord Advocate's department has been lauded to the being allowed to speak,or rather to palaver for hours upon hours if they thought fit, whether the Judges sufficientlyof our criminal jurts portion of the people. au S ni t : i : r d e d n tan d i el i y a Stipendiary prudence, iliae sy • • dbe calmly looked d as at present aummistere , under.tood the case or not, as not to be worthy of' grave consideration. There is another circumstance 1 wish authorised to try, six-month) circuits to mention. I have been asked by An itfluential Mem n' als with the aid of a Jury, the her close by me, what I bad to say to the allegation congregating ofF 1 --snaleParsinmonths togeitn . r in our gaols respecting the reading of long law papers? I say there for y be , man feat that with shall arrive, is no less un should now be no long law papers.—(Hear, bear, and just than int oliti . cases occur of capital punish. laughter.) If there are still long law papers, they oughte w o meats. TransportationPL, It , Wa ne, Chairmen of to be prohibited by the Court and not read by the Quarter Sessions is i n n g d may award that horrid Judges. Such papers are not only complained of by punishment—Ste s in • iln a ( e a eus ey Judges in Scotland the suitors but by the profession, they are actually pro-peothary . . are far higher I e s than Chairtn " n of Qiter hibited by the- Act of 1825, and are repudiated strongly al autt d iore: ve ter Sessios, and e to bo enti woes}, wittr at and most properly in this very Report by the Learned well ese t , a ,es least their o Doe secotau a ercuite are, Lord Advocate. There rn a y be an excase for the Judges wers—l . repas ' than now-a-days , i useful ; foe another retiring into the country whenever they can. No . .. more h e u , !-ious 1 e to complain is that monstrous thing of which I s ay . man can blame them for so doing, however much the : e cite, cases are cot II wed to be tried with the e'd of a system is blame-worthy. We all know that it is a much Jury on Circuit. aowould be too great a boon ; it more pleasant thing to go into the country and amuse This't would not occupy sufficient would .save ourselves than to stay here and work hard, and I ;line to keep up the ; i delusion o f the hard labour iin suppose they think the same. But when you the i posed on our Judges , - e one set follows another, allow men to retire for a considerable period to their there,or and so keeps I have a return ready country residences they do • not feel any desire to to move for, Ps uwPis'appearancesa.dc, will show that the seine return to their studies, and I believe at the end of the Judges aresent to when made, s i cases with the aid of a Session all of us d.slike these blue books (alluding to Jury, in the ve y t t o se t n ry c t i l v )e Circuits had immediately the Report which he held in his hand), a great deal previously beennTheldo in. s We are not accused, as a nation, less than we do at the commencement of the following of behts. g. ignorant or just, and yet we are prevented on e. No man desires more than Ido that our Judges from trying civil caseusnon'Circuit, and are forced to try should be in comfortable and respectable situations—all them in Edinburgh, so as to give the Judges the least I desire is that they should give us more of their time possible trouble, and the profession there the in Court,whether that time should be occupied in listen- .i n the paraphernalia greatest gain. Then, again. ' Counsel, or in giving reasons ing to the arguments of . and consequent expense of isolated Jury trial for their decisions, which - latter I conceive to be far is such as_ to deter the P eople of Scotland from the most important. The whole drift of the Learned entering the Courts of Session, and the mach!. Lord's Report is, that Counsel may be allowed to talk as , nary of that Court is soch en infernal c intris much as they please. The Court have long had the power I eat ,„ that no man , iu ili, biois..e. tviii settee:, ',o go to eet‘e e th e s eee l e e—Miley Lease had it tar mail years. 1 there.—(Laughter.) I- repeat, Sir, the machieery of There are enormous arrears, and a general dissatisfac- that Court may fairly be called an infernal machine, tion has been espreased - throughout Scotland as to the In the fiat place, ouch a ro its forms and procesdinis ungdgecsr.eirrtment,tem ,ar.o WI( XI that it very frequently takes two years to get , t race rite length of a Jury.—( Heat, hear.) But then it has bee, alleged that we are a capricious people, and that many not go into Courts out of two., caprice. Now 1 have been curious enough to make some tequ ri on that subject, acid in . eery instance. ill an3wet •o those inquiries, i..waS told that caprice had nothing to diti a preventing pariyfrOth seeking his rathts in the Courts, but that it was so difficult and.tediotis to obtain justice in them that parties were afraid of cttemptina TO do so. —( Hear, hear.) It is th- expense, delay, and vexation which the people have suffered which his created the dissatisfaction so often r, petted in the B. port now in my hand, which, if not the production of toe Lard Ad vocate, has had his unqualifi ad approbation, as it has had of the whole of the Members of the Committee, one oniy excepted. The people are ignorant in general . of the complaint of the Judges' impatience in bearnu cases. Tats is a protessional allegation. ant never was heard of by we amongst the innumerable complain s against the Courts which have rung in thy ears ft.!!! Pk." , qo trier. Tile hearing id' Counsel at iength doubt is highly proper, but doing so will neii her aug ment the Sessious nor dtanii sli tae vac it ions, nor t etoot e the general dissatisfaction which at last is uuiversally ad mitted to exist. Sir, I have endeavoured, considering the importance of this subject, to bring it as shortly as possible berore the House, having in the of yesterday received a salutary hint from the Lord Aivo cate of its being dangerous to interfere with the Learned Judges in Scotland—( A laugh)—and not having been much encouraged by the Nobie Lord, the leader of tins House, to exp-ct that. he would advise be Crown to command theze Judges, in virtue of . the Act of Parliament, to extend their Sessions two months lenger in the year. Perhaps this may be according to the general cr,urse adopted by Ministers, of intending to do what is required, even when they do not hold out any hopes at the time, to adopt it at a future day ; and pre suming that perhaps that may be the case, and tieing per fectly certain with the Government against me I cannot succeed. I will not take upon myself the re sponsibility of an adverse decision at this petit:A of the Session, by calling upon Ow House to expreas its opinion. but will leave to the Noble Lard the S,:eretary of State, and those whom he consuits, the woole ic sponstbility of this important question, and 1-• t them take the conequences--(Hear, hear.) Therefore, 1 beg to withdra-v the notice 1 have given, that is, not to make the motion of which I had given notice.—( Hear.) (FROM ot:a owtti ) ROYAL YACHT SQUADRON IN rgi.LI(II?.KCE Ag( neral meeting of he noloh , is ,:f t 6 . 7.sq•. 'drat ~its held a , . the Squldron F. p 3 mo clore the Eal of Yarb,tough, !o the ; Vice- G a nmoriore the hail of licita•t ; Alita,nd H,II, Esq , Smith Harry, E-q., Captain A L. Cc:qty. li N.. H. Inn,oot. Esq . Rwhrird F Atilt] ktiti. Esq.. A W. C rbet, Eq , Radel ff Esq . Jones Weil, Esq,, .1 , 101 11 ,kk Esq Th e following c , in did, te 4 a' re .elected nietrib 'ras J. Davetipott, R•q and the Erl Groivrtmr. 11--- in,rary nic Lber—Ca i nato T ;.?, N. Th.' foll woig rsswin ions wen , agrced 1 st. The proceedings of the last geFwr.l mo•eting aver" read and confirmed, with the add thin to tiro 14th resolu tion, which was orderill to stiont thus—'• Any no Th er giving notice of hi. int , ration to bring forward any r to. lotion re'ative to tne disposal of a y portion of the fund. i of the. Club as a subscription or donation to any so,ciety, purpose, or per.on (not connected with the Rot •I Y cat S q usdruo). niu , t be a subscriber, donor, or cootributor to th • 'a ne, Ihrou,tt the Secretary, of a sum is t less that, 51 o) giving -uch notice. William Corning, Esq. was appointed Royal Yacht Squadron Agent at Jersey, and Hobeler, EA., at Dan sic. Resolved—That this meeting cannot sanction a member wearing the Ro al Yacht Squadron burgee in any ress. I nit on Eroe li,t of the Squadron. R .solved—That two vessels only of the 4 h class basing en ere - t for the Royal Yacht Squadrin Cup. the Cup be scljudged to the 7th class (yachts abo , c 115 t - ins) accoid i,ig to the resolution pass , d in May last, provided the re iiumb:r be entered by the neat general meeting in Auausc lit , solr , d—Tha! the thanks of this meeting be given to CJnynoflore the Earl of Yarborough, for his canduct in the Cnair Died on Sunday, at the Squadron House, Mrs. Kondal, many years the housekeeper and able styviintendatit of that establishment. The weather during the past week has been so wet and stormy bat we have but fea arrivals, and many of the best houses are still unlet. Amongst the atipliearrs for houses on the Ist of August are E Jr! Gicy, Lurd Sidney, Lady de liorscy, Sir Robert Peel, Bart., and Lord Carrington. Lord Clonbrock has taken Sir J. Hippesley's villa. • CONCERT:!) IYETE. THEATRE ROYAL DRURY-LANE. Mr. Eliason goes on his course rejoicing, re jo'ciog not himself only, but all those who nightly throng this now very fashionable pace of amusement It cruivdcd houses betoken a flourishing treasury, then must the treasury of tins theatre be in a more satisfac tory state than it has been for some years past ; rind weli does Mr. Eliason merit the patronage of the public for his successful endeavours to provide tor them a mu sical treat of a high order, and at a price within the means of every one who can affard to indulge in aoy wouseinent at all. On S ,turlay evening. for instance, in addition to quadrilles, walizs, Lite.. we had the fol lowing pieces of classical music, as admirably performed as they could possibly be by any orchestra in the world. The overtures to " Les Deux Journies," by Cherubini—to " La Muctte de Portici" (better known in this country as the orcrture to Masanieilo), by Aaber, cinch was deservethy honoured with a hearty encore—to " Guillaume Tell," by Rowni—and Beet hoven's " Sinfonia Pastorale." This symphony was listened to with the most profound attention and delight, and at its conclusion was most rapturously applauded. This is an additional proof of the great increase in inu,ical taste and knowlege, which has takon place among the English public ot late years. Even ten years since no conductor ot a ci.ncert, except tat; audience were composed exclusively of the dilletanti, would have ventured to have inserted such a piece as this in his progr,mme. Toe shutting public, as Mr. Croker phrases it, of than day, would have become uproarious at the men tion of a symphony, out the shil:inp , public of the present day understand and appreciate this splendid work ; and it is to this increased taste that we attribute the col tempt into which those nondescripts, which have been somewhat facetiously termed English operas, have fallen of late years. The public know now what an opera ought to be, and aie coascquently aware that neither a dull farce nor an absurd melodrama iS an opera, albeit it may be preceded by a flourish of trumpets, sprinkled with songs, possessing little rhyme and less reason, and terinmated try a noisy meaningless chorus. The musical public in England is greatly in advance of the musical prole sion, and if the members of that frolession cannot or will not supply music of the order whirl' the public require, they have only themselves to thaa if they are treated with neglect. Let them, ins! eid of being mere adapters and arrangers, become composers ; let them study their profession as .Mozart studied it, as Beethoven studied it, as Weber studied it ; the -same success will attend tnein as attended those great men - ,T arid we will answer for it they will have no occasion to complain ot lack of patronage. We could name two or three among the English profession who can do great things it they like—who, it they cultivate their genius by study, may become the founders of an Englislisehool ot music, and give us that which, with one or two ex ceptions, we hare never yet had—a realty classical Eng lish opera. But to return to the concert of Saturday evening. We krd, besides these pieces, three solos. One by M. Collinet, on the 'flageolet, an instrument witch has hiqierto been considered of small account, hut which, in the hands of Colinet, discourse• most excellent ; another on the cornet—i pistun, by Herr Kwoig, who is tar and away the best performer on that instrument in England, perhaps ui Europe ; and one on the picolo by Al. Jullien, one ot the conductor;. Tuts last pieer• is called the Night ingale, and d!ies cubit credit to the powers of M. Jui• ram as a coniposi , r and as a performer—lns imitation of the jug note of the n•ghttogale is perfect. Succe,s does nut make Mr. Eidson careless, tor we understand that, to the celebrated artists already engaged, he has secur d the services ot . Frisch, the ceienrated flute player, whose arrival in England is daily expected, and who will app , ar at these Cout+rts umnediateiy atter ,Alr. aiason has Rene, and is doing, the cause of musical science in this country immense Sur% lee, by. theSe Concerts. We cordiaLy co igr4tulate Mai on the success which has hitherto attended his praiseworthy exertions;, and' hail that success as a happy omen for the future. - THE DUI t: OF SUsSs-X A7kD HIS CHILDREN. (From the Dublin Evehing There is 110 journal, however inter, or in talent, or li mited in circulation, that is not the centre of some circle, and which (toes not represent the sentiments and opinions of such a section in the community as is of least sufficient in numerical strete;th to insure its exist ence. It, then, We Were to form an estim de he ag gregate .from the inuividual journals of every party, division, and sect—political as well as religious—who have treated of the position of the Duke of Sussex and his children, we should say that no one subject has for the I ist thirty year= been brought before sh e i . u h• he in both eountrie, ois which so emelt s)inpatity has been caressed, or so great unity of sentiment evinced, as in the universal feeling manifested in favour of the children of his Royal Highness and the late Lady Augusta Murray. Indeed throughout the whole range of the press in either country, but one solitary instance occurred in which there was a depart ure from this course, in any notice teketi of the subiiot. That w sin the case of the Morning chronicle; hut they article which appeared in that Juurna, was so tnamte,tly not the production of any writer connected with the usteblish merit, and bore such evident marks of having been manufactured by some walker or runner belonging to Kensington Palace, and withal produced such an impression of disgust upon those who read or heard of it, than the attempt never was repeated. It is an immense point gsined, and a g reat step towarls the ultimate triumph of Augustus of Este and his Royal sister that this feeling has been created ; but those who have been so aroused will not be satisfii that so much goodly sympathy should go to waste. The piddle liming done its duty teWards those persecuted children—hating for the nonce buried in oblivion all political feuds, and sacrificed to a. love of jusiice all personal animosities— will expect that they, or at least Sir Augustu-i, ill t.lo something to vindicate his mother's fame trout the me. d odium sought to he cast upon it ; and, in asserting Isis own dignity, ju)tity the British a n d t h e I r i s h in the stand tney have made and are ready to maintain in his behalf As yet we have not been able to trace any movement upon his part ; and w c are the more surprised at this. as to us the course to be pursued appears so clear and obvious. Means—providio 4 they be proper and lawful means—are not only justified by all ordinanct's, divine and human, but then; use is actually inculcated and .commanded. Now, what we would have Sir Augustus D'Estc do, is at once to assume his-title, and assert his right to that position and those dignities which, as a member of the Rayal Family, and- the heir appa rent of the Duke of Sussex, he is fully and legally en titled to. He shotud acquaint Ministers with his resolution so to do, and make a respectful commuoication . to her Maj.2sty of his int entton to pay his dutiful homage towards her at her next Court. at St. James's. - Would Ministers venture, would they dare to advise his exclusion, on the plea of his it•sut ll ill g a title or station to which he ints no rightful claim? We bhould say no. But, it they dui, would he be in a worse position than he is at present ? Agin,' we answer no. During his father's lifetime al his tides a rc neces sarily of an honorary description, and can be. derivable from the rreogn tiou of that ratlit , r. - A considerable mass of evidence haS hem already placed before the public, showing- that dovn to a certain period those titles and &stitictions w. re bestowed by the father upon the- son. We are now going to quote a passage from the. most solemn of all documents to which man cqn be supposed to sethis hand and seal —particulaily when such be cx , !etaie ` under toe un- Pr,ssion that he is on the point of quitting Cite, and ren dering in another world an account oi his actions in this- - --we mean that written deposition of affairs known as a "last; will and testament :" . • "I consider and - ever shall acknowledge our son Augustus Frederick (who w.:s born after 4oth :best marriages), and of whom she was delivered by Doctor Thynne, in Lower Berkeley-street, Number Sixteen, in the parish of Mary-la-bonne, as my true, legitimate, and lawful son ; and I hereby give and bequeath my property to them. arid to them alone, in the 7:ithrier and proportions as follow hat is to say, to my said Wife Augusts, 1 give and bequeath the full use and enji , yment of all my estate and effects, of what nature or kind soevi , r they hi for and during the time of her na!ural ; and idler her &rinse, I give and ti( queatit the said orovrty to my be'ore-mentamied son, Augustus Frederick. and his heirs tot over ; and lastly, I oominate as guardiao to toy mid, and executqx and ex,enturs of this my Ni;l, in) wife, Augusta, my brother, George Prince of Watts. the Right Hon. Francis Earl of Moira, and Thomas Courts, Esq., hanker. In case it should so happen that the Prince nt WdicS SLOLVII die before my sun attait,s the age i.l twenty-one years. wet' I app.s nt my brother Frederick, Duke of Yo'k and Aiumiy. and Prince Bishop of Osnaburg, to be executor and guardiau to inis my will, in his place, joiutly with my wile, Lord Moira, and Mr. Coutts; and i! Lord Moira should die before the atOresaid period of my son's majority. I ap point his Grace Archibald Douglas Hamilton, Duke or H mutton, as executor and guardian to my son, in the place Of the said Earl Moira, jointly with my nue atid the Prince of Wales, or the Duke of York, as the aforesaid circumstance may render ; begging them to accept these trusts, to maintain and support the rights .of my child as toy lawful and legitimate son, and to su perintend and undertake the care of his education, which I wish to be the best and most fiber d possible ; fearing it to their wisdom and friendly teal to choose the most proper means for their support. (Signed) le AUGUSTUS FREDERICK (L Si)" Had the testator departed this hie immediately after the execution of this will, would it not be held in the civil law as his dying declaration? For our criminal code makes such declarations evidence, considering the solenmity of the occasion ; and culprits have over and ovrr been condemned to death upon such evidence There is, we perceive, an effort making to have his Royal Highness the Duke of Sussex appointed Regent, in the:event of a casualty. (whicn Heaven in its mercy avert !) to which eve y female, even Queens, are liable on . occasions similar to that. in which tier M jesty will soon be placed. Here is another Ltiorious opportunit3 throWn, as it were, by , Providence, in the way of the Duke of Sussex Let him avail himself of it. Toe best, we should say the very best te,thoony he can produce—and none would he more gratityleg to the ill don 'at large. - --- , of his qualification fiit.watehMg over the offspring of others, is doing jest ice to his ow► u. These observations have been sugs. sled by an article in The Sun of Thursday, winch, honest and true, con tinues its +I , IVOC,“ yof justice, even though that advo cacy involve the condemnation of ita own party. (From the Bri;;blon (,iizette.) E V ENING E; - 7 ON. LlTk:ktA'FtJ - . 11A ND. lq (/ of ,T 4) Pri RI S ' (;OM I'AIY I IN TO .11ANI)-B()()'1C. Strange. Lortd,:rt. 184() A u 4! tut :h t tim sli4to ,, st t. nsion, but isl:l6 ad: qu,kteiy acco : 1 0 'lv' 41 tili• st. -- motet talif•S to 'Crit‘ellers Will fl,ki.4 it -to bee On ;If, the 1110 t 4ett of ei4ss• THE DREAM. A ND 01 HER POEeS Colburn, London. Tiler e are m.my p of deep :Ind un.iffeetedt.'! l ' &roes: in the principal poem to this en , lection, and not a few in ‘vbich the idea sought to be conveyed is. so -ena--- --- eumb red by verbiage, that it is scarcely pas ibte to get at it. Mrs. Norton has an uncommon command of -•• I,nguage, and is never at a loss tor poetical, forms of • ss , oo ; but she should not make too tr. quent a p r4 „ . ,7 —like the Lite Mrs. Haman , —ot her qualifiea non int Om: re Peet, or she may lead tier .reade•s to .. im Igine tfh,a ,; "r genius is mor, renimit for its foliale t 6 .0 its !run. For ourselves, we like . her most and mu-t unlaboured, ex• where silt; is the s;alp4s. , ,: an e,ksy, natu.al manner presses natural entotioril is pot to the . chiel and mos Hence we prefer the minor • ambitious one, from which the pr tint volume derives its name. We shall be ple,sed to ru."t with her again in print. for she has both feeling and .ave;' in no stinted degree, and writ rt es not from the recollecziou s and asro ciations turn bt ' proc eeding poets, b ut from her o.vn vivid impressions of things. TO THE EDITOR OF THE SUN. SlR—Seeing in your Journal some extracts from a pamphlet published by a resident of this city. wherein he takes upon himself to ass ~n causes for dis:ress , not exist, and the falling o ff r of company to th far hic k d famed w and fashionable capital of the West. It is a fcet, that at no period of t'me. have houses hem) more sought :or, or is greater request than at the present time. Fearing We state, trent put forth through the medium of you: widely ext,milts l estimable Journal, may produce an unfavouratOe impress `On, as it r. gards not ouly the welfare of this city, iii2t the sp-etable class of tradesmen, whom lie has un u" , t l r. e ndeavoured to bring into discredit, I defy contradiciiiill wnen I asset, that the tradesmen of this city are as' honourable and just in their dealings, and as little oliia 4 .. - ,equious to their customers as those of any place which can be named. It is true, the Theatre does not succeed, but without mcribing it to the itiflaence of the Evangelical }. ;mr.y. it may he oh erved that in Bristol and many tither t h e I ..te fur theatrical performance has very much dcelitied, so , o n it scarcely pays to keep them ,open. in the tas t e for theatrical enter. Much ~1* this failifig tai „,„„ r , n , „ y e to the wretched th`riftless - elihrr4e , e/s, who pompously sta..:ain parts .in, .and utter fie tragii t sentiments, which *bey .neither can, or do , t pr , etice, besides catch which is obsolet?, and too gross for the purest feeling of virtuous minds, and sitiqh.P"tsages':: are most enjoyed by the licentious. I thids- it a bettg r class of persons could be indue, d to perform, and the 1 79 0 and out-dated passages expunged, and day performatieSs tried, instead of those kto hours so inconvenient to marry. the taste foe theatrical performances might again revive," but it is ton true that public taste has undergon..e a change; our old and young ladies now flock to hear the harangues • ~f those a ,ostler of '6 envy, hatred, and all uncharitable.. ness," 6MGotre or 11• Gee, with gteater zest than to more rational or liteiary enjoyments. I am, Mr. Edi or, your's obediently. . A CONSTANT READER. Bath, July 10, 1840. • MOT BE ENILN T. (From the Hon. Mrs. isi,rtori's New Poem— The Dream. It is the twilight In,ur, The daylight toil is done_ At:d ti.e i aai are d p , riattg 01 me cold and wintry suit. It is ihe time µ his F‘tv wht, p Holds cony, rse fair and tiee, It is the time when Dance round ti . mother's knee. But my soul is taint and tii:av ) , With a yearning sid and de, p. By the fir , aide nu , i dr , ary, hie down and weep! Wherr ..re ye, merry voices, Whose clear and bird-like tone,. St-me other ear now blesses, L •as anx °us than my itvii ? Wu, le are te. ~reps tit litne,s, Which fall like blussoni-showers? Where are ye, sounds of laughter, That eheer'd the pleasant hours ? 'Dire,' the dim light slow Where my wistful glances fall, I can see you. picture s hanging Against the silent wall ; They gleam athwart the thoktiess, With their sweet and changeless eyes, But mute are ye my ch;lilren I Nu voice to mina replies. Where ale ye? Are ye playing By the stranger's blazing hearth; Forgetting, in your gladness, Yuur old home's former mirth? Are ye dancing? Are ye singing? Are ye full of childish glee? Ot do your.light hearts &Aden With the memory of me? Round whom, oh! gentle darlings. Do your young arms 'fondly twine, Does she press you to her bosom Who bath taken you from mine? On I boys. the twilight hour Such a heavy dine bath grown It recalls with such deep anguish • All I used to call my own, That the harshest word that ever Was spoken to me there, Would be trivia.--wuuld be welcome, h i this depth of my despair 1 Yet no de-pair shall sink not, While life and love remain ; Though the weary struggle haunt me. And my payer be made in vain— Though a, twit s my spirit fails me, Afiti the hitter teat drops fall, Though rny lot be bard and lonely, Y , E, I n.PC—I hope through all I the Le.rd Chancellor of Ireland and his loony have been placed in mourning by the death of his Lordship 1 son-in-lar, Sir Fraud. Lynch Blosse, Bart. The late Baronet was in holy orders, and married in 1824 the Hon. Mary Eld s-- bath Plunket, daughter of Lord Plunket. The LATE HON. CAPTAIN BEST.---V 1 _ _. lamented officer, wit' , unfortunately perished by the upsetting.°! promoted d, off Not folk I s l an d, was i n his thirtieth year; he a ' sThe followings are the p arti cu lars of the exports, to ac, mpany in the 50th (or Q ' Own), c° 111 " neeci s , ree, iprs, and stocks of cotton at and from 11;e American ports, n.anded by the lion. Colonel Wodekouse, Isth August, lea" to the latest dates iii the preen , . y e a r , an d a t the corresponding and accompanied his . regiment when it was ordered to Ne w dates in 1839 and 183 , i South Wales. Captain Best was the tenth and youngest chil d Export to Total Receipts at Stock in of Lord Wy - 'titor d . Great Britain. Export. the Ports. the Ports. THE PttINCE SS A eousTA. Orders mer e 1840— 937,601 1,484,769 5,026,993 ........387,038 1839-- 643,326 882,746 1,311,973 234429 given on Saturday, that the Stable-vard-gate, leading to S t. i James's Park, should be closed, and one of the gatcs by Ma r '; 1638-- 940,249 1,302,826 1,663,126... 247,998 borough House should be opened in its stead, that in order that It will be seen tram the preceding statement, that the receipts her loyal Highness, who continues extremely unwell, misfit at the ports already exceed two millions of bales ; and as cotton n be annoyedby the noi s e o f th e carr i ages passing her owl 27 000 hales), th ere can scarcely be a doubt that the crop will iot was still arrivin g f reo l y ( t h e rece i pts i n the last week being to ew. The ansAser g i ven yesterday to the nobility who ra n t' reach the enormou s amount of 2,200,000 bales. It will be at Clarence H ouse was , t h at her Royal Highness had passe d s good night cud continued much the rtme. lier Majesty the seen that the export to Great Britain, which, by all the pre- Queen Dowager came up fam Bushy Park, on Saturdays el vious account t, had been below that ot 1e3.33, now exceeds that of th e l ast named, and-, of course, of any former y ear . pressly to vi sit h er ill ustrious relative. Manchester Guardian. His Royal Highness Prince Albert has pre' HOP INTELLIGENCE.—WORCESTER, JULY I sented his infant god-daughter, the child of Lord and Lady , Robert Grosve nor , w i t h a superb and costly gold basin t h at 11).—W e are not ena bl e d t o r eport any impro vemen t i n t h e h op used E WO ODEN P AVEMENT.--A day at the font on t h e occas i on of the christening., or plantations s i nce our l as t acco unt, the p resen t co ld n i ghts and was , high winds b e i ng m u c h against the growth of th e p l ant. T he 1 fear th e y blight has had so serious - an effect on the plantati ons tha' we t wo s i nce S m i t h was holding forth at great length to Jones on the manifild iltet-11 , :lcie s of the e . o , alen pavi ment. ' " Cill'it' d are. ,tlenost pa , t recovery, yet if tie etoeher shot.'d , ~,.. ~,t ors 1W:0U: OLIO to ft ~', tlle bule n•but it , ,, filth, and Lring tl:e th!'- , 07 ji- ,, , , ---..-4,.,;(-;: t . tl,iq:; ..kh,: , a ulty iLat all ". t _ ----,..--* , : ::. ,: bUiti.....siC. Sh.ltit. 10 lia...tUrit , V4t.: rbay yet o.ke iti Inc:blighted irl:::,. dbb`t, imibet it. '• 4i 1 rue," replied Jones '• and .so easily EAST CumBERLA ND ELECTION. — The Hign ! year s of 1827 and 1834) produce more hops than the most san- I effected too. A woodex pavement ! why, if ;I l ly semi 0 ...... _f t he Sheriff (Sir George Musgrave, Bart.) has flied Monday, the 1 guine at oresent;eould expect. Market brisk, and few hops on i parish,authorities would but la _y their hada together, all 16w' both instant, as the day 01 Palinatioll• i ale... Kowster Ma gid. i don laisht be covered with it." The claims of Sir A 'lutist us DT to aril his sister (or. as they r light t be des glArted, Prince Augustus and Princess Augusta of S us sex) to certain the recog nition of their legitimacy, the justice ot which has been so clearly proved, and yet is still so Onji.lStly withheld, continues to excite the most intense interest. Th it noble and generous spirit of truly British feeling, which at all times symp.ithises with the oppressed, whilst it scorns the oppressor, i 3 completely aroused on the present occa sion ; nor will it be allayed until ample and complete justice is done to those touch wronged. although most estimable members of the House of Brunswick. We copy the foliowing eloquent and energetic article front an able an influential contemporary, the Hull Adm.. tiny : [The article alluded to has already appeared in The Sul] ~x-,q_s~...w """~ COURT CIRCULAR. Her Majesty and Prince Albert attended Divine Set- vice. yes trday matting, in the Chapel Royal, St. James's. The sermon was preached by the Rev. Mr..- Carl, from Ist Jahn, chap. it , verse 17. The Prayers and Altar Service were read by the Rev, Messri. and Porah. The Musical Service was Boyce in A; the- Chaunt was Gregory's ; and the Sanctus and Command ments Croft in A. The Anthem, When the Son or, Man" ( Kent), was sung by Messrs. Horncastle, Wylde, and Chapman. Mr. J. B Sale presided at the organ. The Dean of Hereford was the Deputy-clerk of the , Closet in Waiting. The Royal suite consisted of Lady -- Barham; Hon. Miss Anson Hon. Miss Paget, Earl of Listowel, Right Hon. George Stevens Bing, Earl of Morley, Mr. Rich, Lord Alfred Paget,- and -Colonel Bouverii . The Queen and Pr;nee Albert, attended by Lady Bar ham, took an airing yesterday afternoon, in an open landau aid forte. Her Majesty the Queen Dowager, acconll6ani.-4,by the Duchess Ida and the Princess of Saxe Weimar, visited the Queen on Saturday afternoon, at Buckingham Palace. The Marquis of Noricanby and Viscount Melbourne had "audiences other Majesty on Saturday. - - Her Majesty and Prince Albert, attended by the Hod , Miss Pager, Hon. Miss Anson, Earl of Listowel, Mr. Rich, Li.rd Alfred Pager, and. Colonel Botiverie, honoured,- the Italian Opera with their presence-on Saturday evening -His.Royel Highness Prince Albert honoured Mr. Rust, A. R with a sitting for his Miniature, on Saturday, at Buckingham Palace. The Queen Dowarrpr and the Duchess Ida of Sitio, Weimar, visited the 'Duchess of Kent' ott SaturdaY ; - - Ingestre House, Belgravc-s quare. Toy Queen Dowager, accompanied by•the Duchess .1 14 " and the Princesses of Saxe Weimar, and attended by . !ion. Miss Wheatley, Maid of Honour in Waiting, .0!; rived at Marlborough House on Saturday morning, keel . Bushy Park. The Duchess of Gloucester and the Dote f Caa,bridge paid visiis to her M,,j. sty. Soon after,fice' o'c.ock, her Majesty and the Duchess Ida and Princesses of Saxe Weimar, wtended by the Hou. Miss Wheatley,' left town fir Bushy Park. . The Princes: Augusta received visits on Saturday ,frOln ihe Q t en Dowager, the Duchess of Gloticestert thr, Duke of Ciiiibiidge, and the Duchess Ida of Weimar. Her Roy-I Highness was visited yestert..4.Ybf the Duchess ot Glioicester. The answer given to the of," hint ) , yesterday at Clarence House was to the effect t. th Prlnc as had not had a good night, but that in other re' • peers her Royal Highness was much the sirme. Sir Henri' Raiford i-nd Sir Mattew Tierney attended her Royal Higb,-, Hess yesterday, The Duke and Duchess of Cambridge, Prince George and th e Princess Augusta of Cambridge, attended by Lecif Aiigusta Some. svt Nod Baron Klicsebe/k, went to Kea yter.•ay snorti n g rind attended Divine Serv;ce in Keg -Church Them: Royal Highnesses returned to town in the afternoon A Catinet Council was held on Saturday afternoon at the Foreign•otlico It was attended by Viscount Me l " houroe, the Lord Chancellor, Marcria Ft Lansdown e '' Earl W . Ciarendon, Mai qu,s of N4ornalib ) , Vi,count 1 3111 " "'argon, Lord John Russ►ll, the Chancellor of the. Ell" choquer, Eari of Mii,to, Lord Holland, Viscount Dan" cannon Mr. Labouchere, Lord Morpe h, and Mr! Tfi tilt three hnura and a half. A Di-putatio i . ou tfie sutij , -et of the Bill for an aft, ts-, In it in inn Aet iP 3liV•• to Soap-m4king, consisting Mess's. 13,vi Gb a, Tonli c h, Rowe, Morgan, I : 3 '.L uir ' Ander , on Perci-val, H'rris. and Smidv, with Mr. ye fi-ne, Solicitor to the Excise, had an interview with the tb:. Exchequer on Saturday, in Dowling stri et The B I , isb Minister.trausacted buiinesi at the Forelo l° office Squrtlav FASHIONABLE INTELLIGENCI3' ARRIVALS. The Hon. Mrs. E. Pt Ire. 41 the Clarendon Hotel' C. , lonel Macdonald, C 8., at English's Hotel; the Don'a; per Countess GAliiiaay and Lady Caroline Stewa-t. Rosslvn House, Hampstead; the Rev. Sir John Mill ea.'" Lady Mil, at the Pulieney Hotel ; Krr Hamilton, Esql at ditto ; the Dowager Lady rulterieyi Sir George 80 Lady Pocock, Mr. and Mrs Briscoe, at Mrs. -Charier Li.o•hingioo's; Mr. and Mrs. Rose Munro, Sir Jog Trolloppe, B art. , Si r W aller Wall-r, the Hon _ C O I O IS Vereker, at Ncrot's Hotel; the Couotesa of Listowell a.. Lord Eunismore ; Hrot. C Poulett, R.N. DEPARTURES. Lord and Lidy Harowicke, for Wimpole Hall; Lot° Han wood and Lady Frances Hope, for Harenor d HelP Mrs. and Misses Howard, for Dover; Sir William and th e Hon. L:idy Middleton, for Suffolk ; Sir James Baird , Bart , for Coventry ; the Hon. Mr. and Mrs. Cbarks Butler, for Herts ; Mr. and the Hon. Mrs. William 113 ; ' Harr' a"" mi ton. for Tunbridge- w ill s ; L or d A r d en • Sir Har Lady Verney ; L o rd N ugent ; L to d and Lady Dofferin; . Sir Rufano and Lady Anna Maria Donkin, for Brighton; Sir John Hare, fur B htol ; Col. and Mrs. Loftus; Col' Wollaston, f or L eam i ngton Spa ; Colonel Close, for Boulogne ' • Admiral But ter fi e ld, f or Di eppe; M r. L e f r olr M P., for Dublin; Mr. W. G. Cavendish and the Het C. C. Cavendish, for La‘!mers ; So. Thomas Carroiel*f l ' Bart., for Dieppe; Major atm Mrs. Bullock, for Brigbtou; Mrs and the Misses Cun'n3l3am, for ditto; Earl Spenc er ' fur Cambridge ; Lord A - it:one, for Oxford ; Sir Harcou rt Lees, Bart., f or D u bli n; Lord and Lady ~Beresford. Berestord. - 10 r Kent; the Hon. Charles Howard, f..r Cumberland ; W.,d ham Wyndh am . E sq . M.P., from the Pulteuey 11'); tel, for Salisbury ; C aptain Douglas, for Brighton ; and Lady Somers, from Thomas's Hotel. S t0i.... ...e, "nr Air 1 .02; atad F iioot h M - ilo 10 TIC MUNI tai Rillb J end ~' ~~'R~ Pr 7 .01 fete of Lo, Die and 4 , 1 Lu( First ale,,, W e tort wb • Ili itt ifts 1 1 . 1 , I II ........ '~~ I I It di _q By th Gaz , t it * 'Ater I. tiLat 1 Va t 1 4.0 and 13 14 i • el th e) !,11 4 4 flo *i to .10