The Sun. — London, England, 1840-07-03 00:00:00

EVENING EDITION. Mr. J. JERVIS—If I have been carried away by my feelings, which I do not admit to be the case, for it has not been my habit since I had the honour of a seat in this House to give way to angry feelings—the Noble Lord says that from an inability to express himself properly, it is possible he may have used language that would bear such an interpretation as I put upon his expressions. If he will withdraw his words and say that he meant to threw no imputation upon me, then I will not hesitate to express my sorrow fbr using the expression which has given him offence. Ido not see that if any indulgence is to be given to the Noble Lord for personal allusions —I do not see why the same indulgence ought not 'to be given to me.—(Loud cheering.) If he will state that he had uo intention to attribute motives to me— if the Nohie Lord will only withdraw his imputation, I will do the same, with regard to the expressions I have used. Lord CASTLEREAGH felt that he had already said all he could say under the circumstances. Mr. THOMAS DUNCOMBE said that the Noble Lord had oertaialy used language which reflected on the oontitut of Members, bat as the Noble Lord had expressed his regret at having done so, and as his Honourable Friend (Mr. Jervis) had also hems willing to retract the expres sions he had used, he thought the matter should then be dropped. Mr. JERVIeS said that he did not complain of the Noble Lerd saying that he (Mr. Jervis) had made a spee , ah far time. What he complained of was the manner and tone of the Noble Lord. Lord CASTLEREAGH said that whatever objec tions there might be to the expressions he had emplojed, those. expressions would not warrant the language whict the tifn. and Learned Member had afterwards used. Mr. JE RVIS said that what he had to complain of was the allusions that had been made by the Noble Lord, and the tone in which they had been made. The Noble Lord opposite on the observations he had made had alluded to ceetein terms, and, in a sarcastic tone, as he un derstood, asked if he would withdraw them. If the Noble Lord did not de so he (Mr. Jervis) sincerely repented of whet ho had stated, but he could assure the House it wan under that apprehension that he had made the observa tions ha had done. Understanding now that the Nob'' Lord had not mode the observatio% he had supposed he had made, he mast state that he was sorry for what ho had stated.—( Hear, hear.) Viseount CASTLEREAGH was exceedingly sorry that the Houkrable and Learned Gentleman had misun dersteed e had stated. —( Hear, Lear.) Mr. ASHTON YATES rose amidst loud erics of " Withdraw, withdraw," " Divide, divide," " Order, order," an 4 was for some time inaudible, in eonscupnee of the noise and confusion in the body of the House. He said that those who voted for this Bill were no friends to the poor, as they were, in fact, voting for an increase ef 10 per cent. on the duties en salt, which was a necessary ef life. Se onerous were these tolls on the River Weaver, that some years ago the Liverpool merchants had it in contemplation to bring the brine from Cheshire, for the purpose of having it refined, to avoid the duty of ls. a ton, whiffs was levied by the Trustees of the River Weaver, on the coal which was carried up the River Weaver. Mr. WILBRA H AM rose, but was quite inaudible in the Gallery from noise and confusion in the body of the House. After in vain endeavouring to address the House, the Hon. Gentleman sat down, the noise and confusion still continuing. Strangers were ordered to withdraw, and the House divided, the numbers were— A yes Noes 201 , ....... 122 Majority —79 After a few words from Mr. WILBRAHAM, the B was read a third time. Mr. JERVIS then moved that the further proceedings of the Bill be adjourned. As far as he was concerned he dill not care whether it was adjourned till Monday or Fri day; but he understood there was still some difficulty in the Private Bill-office. He would therefore merely move that the further progress of the Bill be adjourned without naming a day. Mr. D. J. STANLEY did not think it would be fair to fix the Bill for an early day, because there two other Hon. Members who wished to move clauses, and time ought to be given in order to enable them to co - 13ply with the Standing Orders. Mr. HODGSON had offered to take those lion. Mem ber's clauses to the Private Bill-office when he took the clauses of the Hon... Member for Chester ; but the Hon. Secretary to the Treasury had persuaded that Hon. Menihey not to allow him to do so.—(Cheers from the Conservatives.) Mr. C. W. W YNNE said that there was nothing which the House ought to guard more carefully against than proposals for introducing clauses on the third read ins of a Bill ; and the Standing Order on the subject bad boon made in consequence of the groat abuses which prevailed under a different system. No Member should, he thought, be at liberty to introduce clauses of which he bad given no notice whatever, and it would have been the duty of a Member who intended to introduce them to have taken the proper means of informing the lions. on the subject. The promoters of the Bill should not then be in a worse position than they would be if the general rule had been followed. Mr. E. J. STANLEY said that due notice had not been given yesterday, as no House had been formed. Mr. T. E GERTON said that those Members who wished to have an opportunity of introducing new clauses on Mon day were in a totally different position from the Hen. Meenbcr for Chester, who had already been frustrated in his intention by mere technicality. Tile question having then been put that further proceed_ lags of the Bill should be postponed till to-morrow, as well as the amendment that they should be postponed till Monday next, Lord STANLEY said he did not see on what grounds they should be postponed till Monday. His lion. Friend near him (Sir P. Egerton) had already acceded to the propoeal for postponing the further consideration of the Bill till tomorrow, in order that the Hon. Member for Chester might not be defeated on a mere techni cality. He did not think that any similar indulgence should be extended to ether 1-I,n. 'Members who had ne glected the opportunity of giving any notice whatever of the c'aus-s 0-zey intended to introduce. The Under- Secretary of Sate (Mr. E. J. Stanley) had said that Hon. Me-mbers had not the opportunity of giving notion, as there had been no House 3 ester& y. But th• statement was not quite accurate, inasmuch as the Private Bill Office was open for the convenience of Mem bers. lie was sure that as a reasonable indulgence had been given to Hon Gentlemen opposite, that indulgence would not be stretched fouther. Mr. HUME would ask Ron. Members whether they thought they could promote these objects by the course they were then pursuing. All that was asked for was, a delay of from Friday to Monday, and he thought it would be well to accede to the proposal. Sir P. F,GERTON said that if a delay were allowed till Monday, it would be impossible eo say how many clauses might he introduced in the mean time. Strangers were then ordered to withdraw, but Mr. E. J. STANL E Y said he would not press it to a division. The further consideration of the Bill was then postponed till to-morrow (this day). Mr. S NFO D moved for certain returns connected with the local constabulary. DROPPED ORDERS. The dropped orders were then re-appointed. CHINA. Sir ROBERT PEEL gave notice of his intention, on lkier.day next, to ad( a question of the Secretary of State for Foreign Affairs, respecting the construction of certain Orders Ia Council relative to Chinn. IRISH REGISTRATION. Lord STINLEY Veen moved that the House should reec6e itself into a Committee on the Ilegistration of Voters (Ireland) Bill. Mr. O'CONNELL rose to move an instruction to the Committee that the franchise might be defined. He had no doubt that the Noble Lord would call his oppo sition to this Bill vexati ous . H e did not think so, He considered himself justified in the course he was adopt ing, but he did not hesitate to say that considering all the circumstances—considering from the alterations made by the Noble Lerd in the Bill, which prevented its coming into eff2ct till July 1841, that his persever ance was a vexatious one.—(Hear, hear.) He was pm-revering not so much for the purpose of carrying the Bill as affording him an additional triumph over the people of Ireland. Even if the House looked favour- Aly at the Bill, he would venture to say that it would be utte.ly impossible to get through all its ciau'es during the present Session, yet with all the in*"..aiments before him, the Noble Lord appeared deteemined to persevere with the Bill, and such be'eag the case he (Mr. O'Connell) considered that 'oe was warranted in - not abaci:lg one jot of his oppo sAion.—(Hear, Lear.) Now, with respect to the in struction whirls he was about to move to the Committee, he would a* whether it was not inconsistent with common sense to make a registry for voters without first havtng clearly defined what the qualification was, which was necessary to give that vote. All this might fall uselessly upon the ear of the House, but it would have some effect out of doors. This was so obvious to the gentleman who had brought in Bills before to amend the registration, that in all the Bills, but more especially in the one brought in by the Government, there was a definition of the franchise. These facts were so ob vious, that it was hardly necessary for him to detain the House longer, but that he feared he should be met with an opposition of a different nature. It had been asserted that the qualification wes distinct, and that there had been judicial decisions on the subject. Now he denied that there had been any such judicial decisions on the subject, for between the Judges and the Assistant Barristers there had been the most conflctins , decisions. Some of the Assistant Barristers, as lied been admitted, did not think themselves bound bv,the decision of the Jud g es, and the majority of the. Judges did not bind the opinion of the minority. Such being the state of the law in Ireland he would ask how it could be said that the qualification was distinct? The fact was that the law-wars in a state of complete uncertainty, and the votes of parties depended upon,. what Assistant Barrister heard their claim, or what, Judge went the Circuit. Having stated that this dif-, fereuee exists between the 13erristere...and the Judges; it was necessary for hien to show Low that difference arose. ..There was a difference between the rut paid by the tenant and the beneficial interest had in the laud. In this country the political economists had divided the benefical interest in the land thus : They had calculated that the tenant derived three rents out of it, one for rent, one for-labour, and the other for himself ; an -1 this he should use as an illustration of the test of what the solvent tenant could pay. The result that would follow from: that would-be this—the 10/erent, or qualification, would be 10/. for rent, 101: for capital, and for plofit. So that the effect of making the solvent tenant's rent the test of the value, would be to double the burden of the tenant, as he must double the income before he would he allowed to vote. In the Act of the 10th of George IV., which accompanied the Emancipation Act, the 10/. franchise was intro duced for the first time, but in that Act there was no statement how the 101. was to be tested, and therefore it was left open to argue whether the Act meant the 101. to be rent or profit. By the 7th clause, it was altered to a 101. profit-rent, and the Assistant-Barrister was required to hear evidence as to the party being able to get the 10/. additional rent necessary for his franchise ; but that system of registration was totally , . . altered by the form Act. By it the 101. franchise was repealed, an hat which was required by the lOth of George the Fourth was now no longer part of the law. He would make that quite clear by referring to the _ . section of the statute. (The Hon. and Learned Gentle- man here read the 16th section referred to in support of his argument.) Under the Act of George IV., the profit-rent list was the one refused ; but, by the Reform Act, the whole of that had been repealed: The words of the Act were not the same—the words of the affidavit were not the same. The Reform Act re- pealed the clause altogether, and substituted a totally diferent form of affidavit, as would be seen by re- ferring to Sc:lledule C of the Reform Act ; and it was enacted that the voter should take that oa'h, instead of the oath then required to be taken ; so that there were direct words, doing away with that part of the affidavit, as the other part did away with the words of the clause ; and yet he was to be told that this was no alteration—that it was only the substitution of one thing for another—that the law remained unaltered, although the Acts were cssectially different. If it had not come from a country where a bias existed even on the bench of justice, it would not have been credible that such a decision could have been come to. The question had come before the Judge, and one case had been argued before them. So far, if he had been understood as stating that the question had never been argued, he had oeen properly corrected ; but he had been improperly corrected when he stated that that decision had not been given in public. That decision had never been given in public—the Judges had made a decision and had withheld the promulgation of it till they had consulted with their brethren. In most instances they would not hear Counsel. They had given their opinions in private, even in the cases in which they had heard Counsel. He collected from the report of the decision of Baron Richards, that the Judges had met in pri- vate. In that case there had been two questions for their consideration, one as to the test of value if it were the same in both Acts. There was 7to 5 cn the first point. On the second point there were 10 to 2 as to the question which was to go to the Jury, whe ther the issue was to be the profit-rent test, or whether the beneficial interest should be the issue to be tried. Now, although he had read the words of the affidavit • f.J and the clause, in order to show that the regulation of the 10th of George IV., was entirely annulled, yet 10 to 2 of the Judges were of the opinion that the question remained the same. At least, they were of opinion that such was the proper issue to be sent to the Jury. But Baron Richards sent also the beneficial in terest question as an issue to the Jury. In the cases of Lemon and Ferguson judgment had been given in such a manner as not to entitle it to authority.— (Hear, hear, hear.) The arguments had been full, the judgment was short. (The Hon. and Learned Gentleman here read the judgment, which stated, that Richard Baron and Perrin Baron were of opinion that the Act Geo. IV. having been repealed, by the 2d and 3d of William IV., that question had been improperly left to the Jury. Now, this judgment was given in such a manner as manifestly to show that the reporter was not present at its delivery, or he would have given the decision of each Judge separately. Three of the Judges were of opinion that the Act of the 10th Geo. IV. was repealed by the Reform Act, and yet that this fragment of it survived, and that between those things so essen- tially varying from each other, there was no legal dif ference. Three of them admitted the repeal of the form of the oath, and yet came to the unheard-of con clusion that the test meant by the Reform Act was the profit-rent test as before, and not the beneficial in terest test. Baron Foster, who had heard one Counsel only on each side, sent his judgment in in writing. The question again occurred before Baron Richards at Sligo: and he considered his judgment to be correct. Mr. Sergeant JACKSON—Was that the case of Walters ? Mrs „O'CONNELL said it was, and what objec tion was there to that. He had the report of the judgment from Baron Richards himself. There was not a man living of higher honour and integrity than that Learned Judge—(Cheers)—he had never heard even any insinuation against that worthy and Learned . person.—(Cheers.) Baron Richards said that the case had occasioned him great perplexity, but that he con sidered, that as the decision of the Judges had been given, a private judgment could not be consi dered binding as a judicial decision ; and he (Mr. O'Connell) would be glad to know if it would not be worse than the Star Chamber revived if the Judges were to meet to give their opinions in private, and to exclude Counsel and the parties interested from hearing the judgment ? Such a thing would not be borne in this country. Every day they saw cases decided in the Court of Queen's Bench which. were overruled on an appeal to the Exchequer Chamber ; and where de cisions were not appealed against, those decisions were law, because the parties interested had the power of applying, if they thought proper, but they acquiesced in the judgment, because they were satisfied that it would be affirmed on appeal. Bat it was monstrous that any decision should be considered or any judgment held as binding which was delivered in private, and in such a form as it could not be appealed against. Such was the opinion of Baron Richards, and in that opinion he entirely concurred. The Hon. and Learned Gentleman then read the judgment of Baton Richards, from which it appeared that that Learned Judge was of opinion that the original jurisdiction was in the Assistant-Barrister, and the last resort was to the House of Commons ; and he further stated that after he consulted the highest legal authority in the kingdom, and also of the Judge going the circuit with him, and that guided by their opinions he felt him self fully justified in deciding according to what he be lieved the law of the case, and he accordingly admitted the men to be registered. All he (Mr.O'Connell) wanted to show was that the question was not yet decided— that it:was still under litigation, and that on the circuit now going on it might he decided different ways. The greater number of Assistant-Barristers were in favour of the beneficial interest test. Mr. SHAW—No. Mr. O'CONNELL—WeII, several were, and that was sufficient for his argument, and he called upon the House, before they proceeded to enact a new registry law, to put an end to these divisions, which brought such disrepute on the Judges in Ireland. This must give some definition of the test. If the House went into Comm i ttee on this question, they might take the proposition of the Member for Mallow, for making the assessment of the Poor-rate a test, into consideration, although he feared such a test would give rise to much inconvenience. Another mode of deciding would be, that the profit rent test should be the test, in thus taking away from Ireland the benefit conferred by the Reform Act, and raising that qualification. to use the words of the Noble Lord, from a 101. to a 201. one. Under the beneficial intcrsst test, it would be easy to show that qualification. The claimant would show that he had paid his rent, and by calculating the money that he had paid for labour, the money for which he had sold his crops and his cattle, he would at once show the beneficial interest he had. But by adopting the profit-rent test, they at once came upon imaginary ground, and instead of show ing what be actually made, he would he called upon to show what somebody else, paying double the rent, !night have made. Those imaginary valuations were fruitful sources of error. In a trial to assess the damages done to certain property belonging to Heriot's Hospital, by the Edinburgh and Leith Rail • way Company, the Company had estimated the damage at 5001, and the value of the land at 1,0001., making 1,500/. Five surveyors had been examined on be half of the hospital. One of them hatl valued the land and damage at 90001. Another at something less, and the sth at 70001., while the Jury had given IEOO/., Allowing 7001. of it as the value of the land. No one sesnected any one of these parties of perjury, but the nrofit rent test necessarily brought into action the imaginative powers of the valuer, while by the bene ficial interest a man was obliged to give something like en accurate account because he was brought down to th e details o vulgar arithmetic. The House might not agree with h m in his views—the Committee might adopt the Poor-laws, or some other mode of obtaining the groundwork of the franchise, but let them at once define what it was to be—was it not absurd to make machinery for a merely imaginary work. First tell them what the qualification was to be, and then make the machinery for the registration. Every former Act contained the specification he wanted. Toe Noble Lord boasted that his Bill omitted it ; but he (Mr. O'Connell) would appeal to the common sense of the House and the country whether it was not pre posterous to make the machinery without laying down what qualification was necessary for putting the ma chinery in motion—was it. a course which would be taken with any other part of the empire ? The Noble Lord had taken many advantages during the progress of the- Well ;. but the one he (Mr. O'Connell) most com plained of was his forcing on the Irish Bill before they 1 proceeded with the English and the Scotch Registratien Bill—had that cetnee been taken then they wouhl not have had the Noble Lord forcing upon Ireland all the pates of the Eogkish system which were most annoying ; he had every reason to complain of the course adopted by the Noble Lord. The Fictitious Vote Committee for Scotland had shown that in one small county in that country there were no less than 400 votes manufactured without one single shilling having passed either w ay. The Committee which inquired into the same subject respecting Ireland had not dared to report any such thing—they had contented themselves with merely reporting the evidence, although a majority of the Com- THE SUN, LONDON, FRIDAY, JULY 3, 1840. mittee belonged to the other side of the House. Eng- ' land was dissatisfied with the system of Registration, so also was Scotland, but Ireland was to be the victim of the Noble Lord, while all the evils of the Eng lish and Scotch systems were left untouched. Was it fair to do so when he could show that one Riding of Yorkshire had more voters than the half of Ireland— that in England twenty out of every thousand •f popu lation were entitled to vote, while in Ireland only lour and a fraction possessed the privilege ? Was it not an insult, then, to go on with a Bill which would much re strict an already limited franchise, while they left the very foundation—the qualification for the franchise. = undefined? He then moved "That it be an instruc tion to the Committee to define municipal cesses and taxes." Dr. LEFROY opposed the instruction on the ground that the Judges in Irtland had laid down the law which defined the franchise. A large majority of them had decided the law, and there was no necessity for any de claratory law. The Judges had as much right to decide upon the question of the franchise, as the 15 Judges in England had to decide apon the case of Frost, and no one had proposed to bring in any Bill to explain or amend the Act of Anne, upon which they adjudicated. The fact was, that ten out of the twelve Judges had decided that the franchise should depend upon the actual solvency of the tenant, and not upon the bene ficial interest. If the minority of the Judges were to persist in setting their individual opinions in opposition to the judgment of the Bench, it would be impossible to arrive at any settlement of the law in any c:tse. The Reform Bill had not changed the qualification : it had only changed the test of the qualification.—(Hear, hear.) The Hon. and Learned Gentleman then pro ceeded to observe upon the wording of the oath to be taken by the elector, when going up to register, and contended that, as the words " beneficial interest" were not in the oath, the Legislature never intended to _ - change the qualification. The ATTORNEY-GENERAL protested again the doctrine laid down by the Noble Lord, the Men her for North Lancashire, and the Honourable and Learned Member for the University of Dublin, that the law was settled, and that there was no occasion for a Declaratory Bill. The law was unsettled, and in a state of great confusion—(Cheers) —and some Decla ratory Act upon the subject was indispensably neces sary.—(Cheers.) The Judges differed in opinion upon it—(Cheers.)—the Assistant-Barristers differed in opinion upon it—(Cheers) —Committees of that House differed upon it—(Cheers) —and the Committee upon the Longford election had decided in opposition to the judgment of other committees, and in favour of the beneficial interest. A m ijority of the Judges had de- cided on the point, it was true, but the question was ; whether their decision was binding on those who dif- fered from them. He did not think the decision was binding on others ; and for this reason, that there was no tribunal in Ireland vested with the power of settling the matter. The Judges (lid not form such a tribunal, inasmuch as they had no special right to give a de cision, and inasmuch as there was no court to which an appeal could be made from their judgment. He would not give any opinio❑ on the question itself; but if he differed from the Judges, he should say with Bsron Richards and Mr. Perrin, that their decision did not bind him.—(Hear, hear.) He thought therefore that the Chancellor of Ireland was right in saying that the Revising Barristers mignt, if they thought the Judges were in error, follow their own judgment. From these facts it appeared to him, at all events, that it could not be said that the matter was now settled. Sir E. SU GDEN said that the first question on th subject then under consideration was whether there could be any doubt on it independently of the decision of the Judges ; the next question was whether the matter was so decided as to render a Bill in the matter unnecessary ; and the third question was whether that was the proper stage fur introducing a declaratory clause. With regard to the last point he should only observe that the Noble Lord epposite had in his own Bills sepa rated the questions of registration and of the definition of the franchise. He did not therefore think that was the proper opportunity for introducing the proposed clause in the Bill of his Noble Friend. With regard to the question itself of the beneficial interest, he should observe that his Hon. and Learned Friend had refused to give any opinion on the point which, in his (Sir E. Sugden's) mind, meant that his Hon. and Learned Friend had an opinion, but that he did not then find it convenient to disclose it.—(Hear, hear.) For his part he had no doubt that the framers of the Irish Reform Bill evidently intended that a party claiming to register should have a clear interest in his land over and above the rent.—(The Right Hon. Gentle man went through a history of the framing of the clause which related to the subject to prove this position.) It had been eaba the quatificatlon had been altered by the Reform Act, but be denied that, and defied any one in the House to prove it ; but it was said it altered the oath, and then the question was whether this altered the qualification. He asserted that it did not. It made this difference only, that it was not required that he should swear a solvent tenant would give 104 a year for the property. The great question put to the Judges was, what form of oath should be put as the test of value, and they were of opinion, in a majority of 10 to 2 that the construction he (Sir E. Sugden) put upon the Act was the true one.—(Hear, hear, hear.) And with respect to the legality of this decision, no one could doubt 'that it had been for a long series of years the practice of the Judges to act in this manner, and that their decisions had been acted upon. Nothing could be more fair and constitu tional, and he thought that every Judge who claimed a right to differ from the majority should previously have protested against being bound by their decision ; for it was not a sound doctrine—it was not a doctrine to be upheld by a Government, that the decision of a majority of the Judges was not conclusive as to the construction of •the law of the land.—(Cheers.) Sir DENHAM NORREYS supported the amend ment of the Hon. and Learned Member for Dublin. He considered what was called a beneficial interest to be a fraud ; it was in fact the result of the unnatural alliance between the Learned Sergeant opposite and his Learned Friend.—(Great laughter.) Mr. SHAW thought the speech of the Hon. Mem ber who had just sat down showed the utter inutility of the annendment of the Hon. and Learned Member for Dublin. He begged to read an extract from a speech of the Hon. and Learned Member for Dublin, in answer to the speech he had made that night. The Hon. and Learned Gentleman stated that " the reason he sup ported the Bill of 183,5, was," not because it contained a clause relative to the beneficial interest, but " because it provided for an'annual revision,'and gave an appeal both ways."—(Cheers.) He therefore hoped the House would act upon that view of the Hon. and Learned Gentleman, and go into Committee on the present Bill. He could not believe the Hon. and Learned Gentleman was really sincere in the motion he had made, but thought it had only been submitted to the House for the purpose of obstructing the pro gress of the Bill.—( Hear.) Mr. LYNCH. could not agree that they ought to pass a Bill for registering the franchise without de termining what that franchise was.—( Hear, hear.) Therefore he thought the Hon. and Learned Member had acted wisely in moving the instruction.—(Hear, hear.) The people of Ireland ought to know what the franchise was, and the subject ought not any longer to be left in doubt, as it was at present, from the conflicting decisions of the Judges. He contended it was the in tention of the Legislature that passed the Reform Bill to do away with the test of a solvent tenancy. The registry under 10 Geo. IV. was completely abolislaed by the Reform Act, and the qualification was to be taken from that Act ; the Assistant Barrister was to as certain the value in the mode prescribed by that Act, and the claimant was to take the oaths prescribed by that Act, instead of any. other whatsover. The House could not fail to see the difference between the oath prescribed by the Reform Act, and the oath prescribed by the Act of George IV. The words of the oath having relation to the 501. freeholders were different in the two Acts. It was the object of the Reform Bill to introduce a new franchise altogether, and to abolish the test of the solvent tenancy. He knew there were great advantages to be obtained from ascertaining the net value, but that was a proper ques tion to be discussed in the Commit tee ; but there were doubts as to the construction, and he called upon the House to put an end to it. Mr. LITTON denied that it was either competent or decent for any two Judges to put themselves in op position to the opinions of the majority. After the question had been discussed for three days, ten Judges decided that the question to be left to the Jury was, whether a solvent tenant would pay 10/. a year more than the tenant then paid. Tracy had formed their deliberate opinion, lied communicated that to the consulting Judge, and yet they found that consulting Judge setting himself in opposition to their authority, and boldly saying he would do so. No other Judge in England or Ireland had ever done so. Until that ni;Jit he had never heard any lawyer of any euinence p o pound such a doctrine. In the case of Frost, the de liberate opinion of the Judges was, that all the Judge s were bound by the opinion of the majority. But in tl case, after Chief Justice Basho had heard that Baron Richards would run counter to the opinion of his brethren, he wrote to Lord Denman, who said that the universal practice was for a Judge to be bound by the opinion of the majority, and that no Judge had ever run counter to that opinion ; and yet they were told that the law was doubtful, because Baron Richards and Judge Perria would not be bound by the law. What would the people of England say if, on the next eirceit, in a case similar to Frost, a Judge should have the in decency to set the opinion of the' Judges at defiance ? Would such a thing be tolerated in any conntry but Ireland? He asked the House whether it was just or wise for the House to decide adversely to the declared opinions of the Judges ? Mr. H. GRA.TTAN said that the people of Ire land ought not to submit to such a Bill as this.— (Cheers.) It was well known to those who supported the pl an of annual registration, that the effect would be to disfranchise a large portion of the Irish people. He had himself presented petitions with 550 . 4000 sig, natures against the Bill. It was true that in a House of 604 Members the Noble Lord had got a majority of four—(Loud Opposition cheers)—but he would ask if with such a majority a measure should be passed which would go to the disfranchisement of the people of Ire land. For his part he hoped that Ireland would never submit to a measure of so stringent a nature passed under such circumstances. He would tell the Noble Lord it was not with Ireland his legislative measures should have begun ; the Noble Lord should have first turned his eyes to the scenes which had been witnessed at Ludlow and at Cambridge, and be should have en deavoured to apply a remedy in those cases. The Noble Lord would pardon him if he would tell him he should now change his name, and that he should no longer he called the Noble Lord the Member f or N ort h Lan __ . ---- cashire, but the Noble Captain Rock.—(Laughter.) The Bill was nothing else than a Rockite notice which the Noble Lord wished to fix to the doors of the Liberal voters of Ireland. But the people of Ireland would not consent to have their rights invaded by such a measure, and he would call on the gentlemen of Eng land to aid them in resistance to a Bill so fraught with evil. The liberties of eight millions of men could not be easily immolated. The people of Ireland had before triumphed over Hon. Gentlemen opposite, and he would then say that if the struggle were renewed they would again be victorious. The Hon. Gentlemen then pro ceeded to read, amid loud cheers and laughter (parti cularly at the n :mes of the unfortunate ladies, as the lion. Member termed them), a list of the subscribers and subscriptions to the " Spottiswoodg conspiracy," and al luded to the case of one of those fair malignants, who charact er o f matr i mon y gentleman, that she statedoti!d muchwith a r p e p p r e c e s t , e t o o t. h a i me in n r t t a h i e n but refused to have any political connexion with him. But notwithstanding these exertions their opposition pe titions had oral} succeeded in three cases, But Lord Mu!grave had come and gone, Lord Ebrington had suc ceeded him. Tne Tithe Act had passed. Tracy had robbed him of 4001. by that—(Cheers and laughter) but he did not mind that. They might rob them of their money but they should not rob them of their liberties. they might abuse them : their spirit might break forth ; it might mount at Conservative tables ; it might insult the Queen ; but it would only seat her more firmly in the hearts of the people.—(Laughter.) Gentlemen might laugh, but what would they do when the hour of trial came, and it would come. Could Ireland then forget her duty to her own character—to her name, and to her love of liberty, which, if she ever forAot, she would deserve to be sunk to the bottom of the sea ?Cheers.) He would conclude in the words of a poet he would not name Oh, it grieves me to think how destroying thou art; What a frenzy of passion thy temper betrays. How the mountebank head, and the renegade heart, Have diverted their victim from liberty's ways." Lord STANLEY said he had listened to the Hon. Gentleman who had just sat down, with a great deal of amusement, but not with a great deal of con viction. Whatever might. have been the opinion of the _ _ seven wise men the HoO. Member had adVerted to, he did not think the Hon. Gentlemen had followed their e xample.—(Cheers.) The question they were now met to discuss was, whether the House, having now, for the fifth time, acceded to the proposition of going into Committee, would accede to the instruction moved by the Hon. Member for Dublin, for the purpose of in troducing that very element of discord and disunion, in consequence of which the Hon. and Learned Gentle man himself had said it would be impossible to come to a conclusion.—(Cheers.) The subject was not new. It had been introduced on a former occasion by the Hon. Member for Mallow, when he (Lord Stanley) had taken the liberty of stating why this definition of the franchise ought not to - be introduced into this Bill, and it was then withdrawn. But the Hon. Member for Dublin was not satisfied, but when the Bill came into Committee moved that the House should resume for the purpose of going into Committee, to deprive the the beneficial franchise which was debated in Commit tee and rejected ; and now the Hon and Learned Mem ber brought it forward again to prevent their making any progress with the Bill.—( Hear.) He did think it would have been more convenient and satisfactory, if, at an early period of the evening, the Noble Lord (J. Russell), on the part of the Government, had stated that, if the Hon. Gentleman made this motion, the Government could not consent to it—(Loud cheers)— thet they were determined to give a fair and manly op position to this Bill, but that they would not prevent its fair discussio n in Committee.—(Loud cheers,) He (Lord Stanley) had come down prepared to meet the " instruction" of the Hon. and Learned Member, but not that on which he had moved the House. The Hon. Member had given notice of a motion, that the Committee should have power to define the amount of the permanent municipal cess and taxes , but the m otion now appeared to be altered, and " franchise" stood written in pencil on the paper instead of municipal cess and taxes. That was not an honest and open way of meeting the details of the present Bill in argument ; it was a course that might probably be successful in staving off the Bill for another day, but if the Hon. Member for Dublin supposed that the people would go along with him in this he sadly miscalculated.—(Hear.) He would not argue the case of this instruction, as he considered it was put forward for no other purpose but that of delaying the measure.—(Hear.) Lord JOHN RUSSELL said he had come down to the House that evening like the Noble Lord, ex pecting the Hon. and Learned Member for Dublin was about to move an instruction with respect to cess and taxation a different course had, however, been pur sued. With respect to the charge of the Noble Lord as to no Member of her Majesty's Government speaking in the earlier part of the debate, he did not see how he could have done so, for, looking at the manner in which the law had been laid down by several Hon. Gentlemen on the other side of the House, he did not see how he could have interrupted them. With refer ence generally to the Bill, he certainly felt no difficulty in saying that he was convinced although the re gistration and franchise were connected under the Reform Bill, the more convenient course was to separate them, as had been done in England and Scotland. Ho was, therefore, not pre pored to vote for the instruction of the Hon. Gentle man. He did not think, however, that the Noble Lord, who had refused to discuss this instruction, had as good a case as they had ; they had separated regis tration and the franchise. It bad hitherto been held by the greatest authority that in that House rested the power of deciding upon the election of Members of Parliament, but the present Bill gave that power in effect to the Judges, for it said this, that if the vote was refused by the Assistant Barrister, the elector might appeal, and during that time, before the appeal came on, he might tender his vote at an election, and it was not until that vote had been decided bad by the Judge that it was to be considered invalid. He thought the author of the Grenville Act would have been shocked at the introduction of an Act so subver tive of the constitution of the House of Commons, for it left it to the Judges to decide upon the seats of Mem bers. That was not the only bad effect that would be produced by the Bill. They had heard in that House that evening language unbecoming a Member of that House with respec. to the decisioas of Mr. Baron Richards. That had been already the effect even of the modified interference given by the Act of 1829 to Judges in cases of this kind ; but what would it be when parties were equally divided, and it was referred to a Judge seated on the bench to decide which Member should take the scat ? Was it not obvious, whichever party he decided against would say it was a political and party decision, made, not with reference to law, but with reference to the party to which the Judge might be said to belong?—(Cheers.) Although, therefore, he should vote against this motion of the Hon. and Learned Member for Dublin, yet it was his intention strenuously to oppose, when they came to that part of the Bill, those clauses which related to that subject, If those clauses were not struck out of the Bill it would be necessary to proceed with another Bill with respect to the franchise.—(Cheers.) He should think it to be his duty to see that the franchise was fixed on some clear basis. The Bill of the Noble t Lord would i n th e fi rs t p l ace put the people of Ireland in a conditi on i n w hi c h a man honestly claiming e franchise and In iglt of the fr anc hi se ; an d, i n t h e sec ond place, the seats of Members wou ld b e ta k en f rom them by a Committee of that House ; thus,i be ruined by the uncerta i n t y while the iodependence and autho • rItY of that House were undermined on the o n e hand , the purity a n d i n d epen d enc e of the Judges would fall into suspicion on the other.—( Loud cheers.) Sir E. SUGDEN sa id a few words in explanation. Sir R. PEEL must say the course that had been pursued that n ight w ith respect to the Bill before the House varied from any c ourse lie ever saw pursued with regard to any Bill.—(Loud cheers.) After re peated tri a l s o f streeg th, and after the opinion of the House had been taken upon frequent discussions in f avour of the principle of the Bill, the Noble Lord himself declariiie he would be no party to any unfair obstruction to proceeding with the Bill, the House event into Committee upon it.—(Hear.) Small progress indeed was made in that Committee. What course had been pursued? A n otice had been given to move an instruction to the Committee to make provision with respect to municipal rates and taxes— Mr. O'CONNELL—That's the notice in the paper. —(Hear, hear.) Sir ROBERT PEEL bad began by saying the course that had been pursued upoa the Bill was dif ferent from any adopted in his experience. The Hon. Gentleman in .1 low tone of voice said it w:ls the notice that appeared in the paper. Why what indication could they have of the Hon. and Learned Gentleman's intention excrpt by the notice in the paper ? The notice was " Mr. O'Connell to move an instruction to the Committee on the Registration of Voters (Ireland) (No. 1.) Bill to"—to do what ? " to define municipal cesses and taxes."—(Cheers.) No indication of a change of intention was given, either pub licly or privately ; but at five o'clock the Honour. able and Learned Gentleinan rose, abandoned the original notice, and proceeded upon a perfectly dif fetent•subject, in respect of which the- decision of that Ho . ltse had been before taken.—(Hear, hear.) The Noble Lord did not discountenance that at an early period.—(Cheers.) But just at the moment when there was still a hope that they might have got into Com mittee, and that some progress might have been made with the Bill, the Noble Lord rose and said he intended to oppose the motion of his Hon. and Learned Friend —(Great cheers and laughter among the Conserva tives) —but did not terminate his speech there, for he commenced a new discussion upon the old subject of the principle of the Bid.—(Loud cheers.) It was competent to the Noble Lord, if he thought fit, to ob ject to an appeal being given to the Judges, to object to the decision of the Judges or any tribunal in Ireland being made final, but he would ask any man if it was fair dealing, after the Noble Lord had said he would discountenance the subsequent motion of the Learned Gentleman, to occupy nearly twenty minutes—(Laughter, and cries of " Oh, oh") — at that particular critical moment of the night, upon the original discussion on the principle of the Bill. The Noble Lord took two objections to the principle of the Bill ; one was, that an appeal was given to the Judge of Assize ; the other was, that the jurisdiction of an Election Committee, with respect to the decisions on the right of voting was taken away ; and the Noble Lord had dealt in unqualified condemnation of his Noble Friend (Lord Stanley), because he had proposed two such enactments. He was surprised the Noble Lord and his Government could submit to the humilia- Con which they had submitted to, in attempting to . _ . strike a blow at his Noble Friend and his Bill,— Cheers.) His Noble Friend had been denounced as F he had beet guilty of the greatest enormity.— Ministerial cheers.) Hon. Members should hear the whole sentence hefore they cheered. His Noble Friend bad been denounced as having violated a great constitutional principle because he had given an appeal against the right of voting to the Judge of Assize. He held in his han.l a Bill which contained the very same enactment, and that Bill was brought in by Mr. Sergeant O'Loughlin and Mr. Sergeant Perrin.— (Chers.) Yet they condemned his Noble Friend as guilty of more enormity because he trod in their foot steps, and adopted the very enactment which they themselves had proposed.—(Vehement cheers.) It was very possible the discussion raised by the Hon. and Learned Gentleman on the subject of the definition of the franchise, and still more the discussion raised by the Noble Lord on the general principle of the Bill, might succeed in the object for which they were intended, and m;ght prevent any further progress with the Bill.— (Hear, hear.) He confessed he hardly lamented it, be cause he was perfectly certain the cause of right and justice must ultimately prevail.—( Loud cheering.) :f they intended to act fairly, they ought to consider the details of the Bill, and then they might exclude from it every thing that might be objectionable. They inight exclude from it, if they had the rower, the right to ap peal to the Judge ; but, instead of that course being pursued, obstructions were offered which prevented the consideration of it in detail. At that advanced period of the Session, that course might prevail ; but he believed it would conciliate to wards this Bill, not in England, not in Scotland, but among the thinking part of the people of Ireland, so much of favour and confidence, that the temporary success in obstructing it now would only lay the founda tion for ultimate and lasting triumph.—(Cheers.) Lord J. RUSSELL then rose, but was greeted with loud cries of " Spoke, spoke," which prevented the Noble Lord addressing the House for a few minutes. As long as he had been in that House, he had never known a Member denied an explanation.—(Cheers, and cries of "Go on.") He only wished to say, in explana tion, that his argument was, which the Right Hon. Gentleman did not seem to have followed, that it was wrong to introduce in the Bill all those clauses with respect to appeal without defining and clearing up doubts relative to the franchise. (Hear, hear.) The Right Hon. Gentleman had quoted the Bill of Sir Michael O'Loughlin ; but in that Bill, although there were clauses relative to the Judges, yet there were also clauses relative to the franchise.—(Cheers.) Sir R. PEEL—I understood the argument of the Noble Lord—he has misunderstood mine. —(Hear, hear, and laughter from- the Conservatives.) I said the time to move the discussion of these clauses was when we came to them in Committee.—(Hear.) Mr. LITTON wished to say a word in explanation. The Noble Lord, with reference to the language he had made use of with regard to the Baron Richards had applied the word " unassuming." (Cries of " Spoke, spoke, Chair, chair.") It was great presump tion in a Barrister of the Crown—(Cries of " Order, order, Chair, chair") The SPEAKER—If the Hon. and Learned Gen tleman addrespc. tu.. House it must be in explanation. Mr. LITTON again attempted to address the House, but after standing on his legs for four or five mi nutes was obliged to resume his seat without accom plishing his object. Strangers were then ordered to withdraw, and the House divided, when there appeared— For the instruction 162 Against it Majority against the instruction 149 On our re-admission to the gallery we found Lord STANLEY on his legs, moving that the House do resolve itself into Committee on this Bill on Thurs day next. Mr. O'CONNELL said he was anxious to say one word of explanation as to the mistake of which he was accused of being the cause. He had not given his notice to the Clerk of the House in writing, and it had not consequently appeared in the Votes of the night. He thought he had explained to them succintly what his notice was, but it appeared that they had mis understood him ; but he had distinctly given the notice of the instruction which he intended to propose, and he must have been so understood by the Hon. and Learned Member for the University of Dublin, who had come down to the House armed with his authorities for this discussion. He had given a second notice relating to the cess ;but as that cess was included in the clauses, he question could be discussed in Committee without any necessity for an instruction. He certainly had no intention of opposing the motion which had just been made, but he thought it necessary to make this expla nation.—( Cheers.) Mr. SHAW had heard the Hon. Gentleman give notice respecting the municipal cess, and had conse quently prepared himself for the discussion of the sub ject, but he most certainly had not heard him give any notice of an instruction relating to the settlement of the franchise. Mr. O'CONNELL could not help the Hon. and Learned Gentleman's want of hearing. Ho had given that notice most distinctly ; and, with regard to the second notice, defining the cess, he had not given any notice of an instruction, because there was no necessity for any instruction, as the Committee could discuss that subject without it. Mr. THESIGE It did not doubt but that the Hon. and Learned Member for Dublin had given the notice for the instruction as he had stated, but he had under stood that the notice for the instruction related to the municipal ccss, and so satisfied had he been of this, that he had that morning gone through the Report of the Dublin Committee, in which those subjects had been discussed. BUSINESS OF THE HOUSE. Lord JOHN RUSSELL said in reply to a question as to the Orders of the Day for Monday, that it was his intention to bring on the Ecclesiastical Duties and Revenues Bill at an early hour to morrow, and that as there most probably would not be time to discuss the question of the Austrian Treaties on the same evening, he proposed to bring forward the ques tion of the Austrian Treaties on Monday. Mr. HUME had understood that the intention of the Noble Lord had been to bring forward the Clergy Reserves Cannda Bill the first thing on Monday. Lord JOHN RUSSELL did not intend to bring forward that Bill for the purpose of debate on Monday, but merely for the purpose of stating what were the alterations he intended to introduce into it. On the motion that the otherorders of the day be read, Mr. HAWES, who had previously given way to Lord John Russell, rose for the purpose of stat ing that he had distinctly understood the Honourable Member for Dublin to give notice of the instruction, de fining the franchise, which he had that night brought forward, and he had mentioned to several Members his impression that such was the matter to be discussed.— ( Hear.) He should have felt ashamed of himself, such being his impression, if he had not stated it. He had subsequently heard the Hon. Member for Kil kenny give notice relating to municipal rates and taxes. POPULATION BILL. Upon the Order of the Day for the House resolving itself into a Committee on this Bill being read, Mr. SMITH O'BRIEN trusted that the Hon. Member the Under Secretary of State for the Home Department would consent to its being referred to a Select Committee. Mr. FOX 111AULE could not consent to the Bill being referred to a Select Committee, but he had no objection to postpone going into Committee till Monday. The other Orders of the Day were then disposed of, and the House adjourned at a Quarter to One. From T. J. Pettigrew, M.D., F.R.S., to Messrs. S. and B. Solomons, 39, Albemarle-street, Piccadilly, and 76, King William-street, Bank of England :—" Gentle men—l have no hesitation in replying to your incpt:ry as to the results obtained by the use of your improved spectacles; being in the constant habit of reading and writing for many hours together by lamp-light, it is but justice to say that your newly invented spectacle lenses have afforded me the greatest com fort. When I employed the ordinary pebbles, I never failed to experience in the morning a great irritation in the eyes. Since I have used your admirable glasses I suffer from no inconve pierce of the kind, and my vision is much improved. I shall. ever feel grateful to my good friend, Dr. Blundell, for having drawn my attention to the subject —Believe me to be yours very respectfully, T. J. PETTIGREW, 8, Saville-row. Jan. 4, 1839 " The Messrs. Solomons state that their Operative Voice Conductor, by which thousands of deaf persons have been greatly benefited, is the size of a seven-shilling piece, and, when fixed into the cavity of the ear, is soft, easy, and not more uncomfortable nor perceptible than having a piece of wool in its place, and the faintest whisper at a public assembly is heard with distinctness.-39,' Albemarle:street, and 76, ping Wil liam -street, Bank. THE ARCHIMEDES STEAM- I VESSEL. This vessel, which is propelled by a screw placed under water, instead of paddles, made an experimental trip at Leith yesterday forenoon. The hour at.- nounced was eleven, but, owing to accidental disap pointment in procuring a pilot, it was half-past twelve before she left the wet dock. About fifty or sixty gentlemen were on board by invitation, including four captains of the Royal Navy, the Lord Provost of Leith, Professor •Wallace, Messrs. Jardine, Stephen son, and Grainger, engineers, Messrs. Adie and Dunn, opticians, Messrs. Sang, Slight, and Morton, mechani cians, Messrs. Hamilton, Mitchell, and others, con nected with the shipping interest, Mr. Hunter, Mr. William Bell, Mr. Maclagan, and a number of gentlemen who are known as amateurs in the de partments of mechanics and engineering. After getting disengaged from the ships in the harbour, the machinery was put in motion, and the vessel continued to cut her way with good speed and great steadiness for half an hour, when some part of the steam engine broke. This unlucky accident of course put a stop to the use of the propeller, and produced con siderable disappointment. The Archimedes, however, having the peculiar method of uniting the powers of a steam vessel and a sailing vessel, can employ either or both, and so perfectly, that working with sails alone, she rivals in speed the best sailing vessels of her size, and with steam alone, the best steam ships of the same burden and power. On the failure of the engine, the sails were hoisted, and in a little while we found our selves scudding up the Firth at the rate of eight miles per hour, without the smallest assistance from the ma chinery. There was a fresh breeze, and the speed was ascertained by Captain D. Boswell, who held the log himself. An elegant lunch was politely supplied to the visi tors in the cabin; the fine day lent a charm to the beauties of the landscape ; and the only deduction from the plea sure enjoyed by the strangers arose from a conscious ness that the accidental failure of the engine must have been a source of annoyance and vexation to Mr. Smith, the ingenious inventor, and to Captain Chappell (Royal Navy), who commands the vessel. The plan of the vessel and machinery was illustrated by a model, and engraved sections, and the form and use of the propel ler and machinery were most patiently explained by Captain Chappell. It is right to state, that the failure was not in the new and peculiar machinery of the Ar chimedes. It was neither in the propelling screw, nor . . in the wheels by which motion is communicated to it from the engine, but in the piston or piston rod of the engine itself. It would have happened equally, and would have had the same effect in stoppinc , the steam power, if the vessel had been worked by paddle wheels, and it (hies not, therefore, affect the merits of Mr. Smith's invention in the remotest degree. That it was one of those mischances which cannot be foreseen, is shown by the fact, that the Archimedes had previously steamed over four or five thousand miles, without any such accident occurring. The passengers reached Gran ton Pier a little before three ; and the vessel is to start on a second trip from the same place this day at one o'clock. The Archimedes is of a sharp and elegant form, like a yacht, and carries three masts. Her steam engines are of 80 horse computed power. Her length between the perpendiculars is 107 feet ; extreme breadth of beam, 221 feet ; depth of hold, 13 feet ; draught of water, 10 feet ; burden, 240 tons. We shall describe the form, position, and use of the propeller on Saturday, with the aid of a wood-cut. In the meantime, we may state it consists of two half-screws fixed on an axis ; that is, two sheets of copper (we believe) set edgeways on an axle, and bent into a spiral form. The diameter of the spiral is 5 feet nine inches ; the length, 5 feet. What is called the pitch of the screw, or the distance between thread and thread, if it were continued, is 8 feet. It is fixed in the " dead wood," or part under the stern, where the curved sides coalesce, and stretch downwards with a thickness scarcely ex ceeding that of the keel. The axis lies parallel with the keel, and the leaves of the spiral pro jecting on each side of it, are entirely immersed in the water. It is before the helm, not behind it, as some were led to imagine. Under favourable circumstances the screw makes nearly 140 revolutions per minute. It operates on the sculling principle, and may be considered as a rotatory sculler. Its method of working was un derstood at once from an inspection of the model, but what created universal amazement was its small size compared with the sectional area of the vessel. It scarcely creates any visible surge or motion on the water, and, though there was a sensible tremor in the vessel, it was entirely due to the action of the engine and the toothed wheels and pinions in the bold. The idea of this spiral propeller is not new, but Mr. Smith has the merit of showing its practicability, and pointing out the peculiar advantages that may be de rived from it. We are satisfied that it is an invention of the highest importance. Perhaps it is not too much to say that it is destined to produce a revolution in steam navigation.—Scots'nan. SIR JAMES ANDERSON'S STEAM CARRIAGE. DUBLIN, JUNE 30.—An experimental trip of Sir J. Anderson's steam drag for common roads, took place yesterday on the Howth road, and fully answered the an. ticipations of all concerned. It ran for about two hours, backing and turning. in every direction—the object being chiefly to try the various parts in detail. It repeatedly turned the corners of the avenues at a speed of about twelve miles an hour, and at a pressure of only about 46 or 43 pounds upon the square inch. No smoke whatever was c flitted, and very little steam was observed, while even these, it is alleged, will be removed, when runi,ing publicly on the roads. The whole machinery is orna mentally boxed in, which prevents the nervousness so often experienced in railway carriages, when the move ments of the different parts are exposed to view ; neither do horses show any alarm when it passes them. The Directors of the English Company formed for the purpose of working out Sir James Anderson's patent, are about to assemble at Manchester, in order to witness a trial of the carriages constructed there ; and it is expected that the noblemen and gentlemen forming the Company will afterwards come to Dublin ; it being the intention of the patentees to form a Company, in conjunction with that of England, for establishing communications by means of these drags, between the principal towns in Ire land, as soon as a few of the carriages now constructing, and in a forward state, are completed. It is proposed that the English Company should, in the first instance, in conjunction with the railway trains from London, run from Birmingham to Holyhead; the passengers to be thence conveyed by steam-vessels to Dublin twice a day ; from Dublin to Galway by the steam drags, and thence by steam-vessels to New York, touching at Halifax. Thus making Ireland the stepping-stone between Eng_ land, Nova Scotia, and the United States, and avoiding the delay and danger of beating up the Channel, the most arduous and annoying part of the present route. The whole distance between London and New York will be accomplished, it is expected, in ten days. CANADA CHURCH PROPERTY TO 7'IIE EDITOR OF THE SUN. head this letter with a term that will carry us back at once to an Act of the Imperial Parliament's legislation, on the plain words whereof that portion of this empire has attained its present condition. When will ambitious minds, or those greedy of in fluence or of base lucre, cease to claim for the United Church of England (Wales included) and Ireland other territorial position ? Before appropriation of the Ca nadian " Reserves" to diversely located clergy, decency should instruct our House of Commons to repeal that Act : as yet the Reserves are not, in form, Crown or public land to deal with, and therefore the Protestants of Canada have clear right to be heard by delegates at the nifliament bars, showing good cause why projected innovations ggainst due carrying out of the provisions enacted for securing heritage of the respective glebes to the Protestant congregations thereon should not be entertained. This is not a doctrinal question, further than the re quisition in the 52d of Gco. II I. (which is all that would be necessary to exact from any preacher of Christianity), does imply rejection of Papal Vicege rency. The wisdom of our Legislature, in regard to accumulation of the strengths of our polity in allegiance to our non-sacerdotal Sovereigns is manifist in attach ing the Colonial dependencies to British interests by the same peremptory bond which maintains the descent of the Crown, alone lawfully in its line of Protestant succession. . . . Trusting, Sir, that you may yet stimulate del . zk ns of Canada to utter their constitutional convictions, I beg to subscribe myself your faithful Servrnt, A STATUTE OBEYING MINISTER. EVENING EDITION. LICENSE OF COUNSEL. The measure of license is to be found in the great object for which courts and lawyers exist, viz, the adaii nistration of justice. The limit fixed by that object has notoriously been passed in the frequent treatment of witnesses. The practice materially d:minishes the worth of Courts of Justice to the nation. It is a not uncom mon prevention of justice. There has been much mystification about tl'c duties of a lawyer to his client, as if they were paramount to all moral obngation. Now, what is that the client hires by his fee ? A knowledge of the law, which he himself has not. A position, the result of character, talent, and practice, with judgeand jury, which he has not. A facility, gained by experience, of eliciting facts from stupid or un willing witnesses, which he has not. And a readiness of log'e, observation, and speech ; which he has not. By the opportunity of hiring the use of such qualities, for the purposes either of accusation or defence, the ends of jesticc are manifestly promoted. The use of these qualities may be bought. and sold honourably and use fully ; but a lie cannot be bought and sold honourably and useful'y, Slander is not a proper subject of pro fessional barter. Money cannot rightfully pay for murder, nor for sheltering the known murderer front justice.—Chronicle. Weeds may be prevented from growing on gravel walks by watering the walks with salt znd water. The salt will •also kill the weeds already there; and if these are large, they should, of course, be hoed up and raked off. • ,~ PRI 4AR. EFFECT OF MONOPOLY. Table showing the ex-duty price of West India Sugar in Mincing-lane, and comparing the same against that of foreign Sugars:— London, July 3, 1840. The Gazette of this evening will quote the . . average price of British Plantation INCuscovado Per Cwt. Sugar, exclusive of duty, at ..... 50s. lid. The actual quantity of West India Sugar sold on account of the importers, in the week ending the 30th June,. ac cording to the returns made upon oath by the West India Sugar Brokers, in conformity with the Act of Par liament, and on which quantity the above price is com puted, consisted of 1,511 hhds. 147 trs. and 65 brls. Foreign Sugars raised by free labour are this week worth from 20s. to 235. per cwt., and are, quality for quality, 28s. per cwt. cheaper than West Indian Sugar. If any portion of this enormous difference of price reacted the unfortunate negroes, and, by increasing their comforts, tended to elevate them from the wretched condition of blind ignorance in which it has been the policy of the planters to keep them, the people of this country would derive some gratification from the generous sacrifice they are required to make in the prices they have to pay for colo nial produce; this salutary effect will not, however, follow. The 28s. per cwt. excess of price beyond the actual value of the suga.., &c., will be lavishly spent by the proprietors as fast as they get it, in the pursuit, most likely abroad, of vain and silly amusements. Whether, therefore, the price of Sugar be 255. or 50s. per cwt. is a matter of utter in difference to the West India labourers—their wages will remain the same. In renewing the baneful monopoly in Sugar for an other year, it is fair to suppose the Government had two objects in view, namely, to promote the interests of the free labourers and to discourage slavery. The benefit likely to accrue to the free blacks from giving their mas ters ten millions a year has been already stated. Tho intention to retard the well-doing of the slave-owners by excluding their produce from our consumption will, in a very short time, be surely frustrated, because the high price this nation will have to give for Sugar, will en..ble dealers to pay the duty on foreign slave labour Sugars, and to distribute them throughout the country. Had a limited quantity of sugar, known to be raised by free hands, been thrown upon our market three months since, at a duty exceeding that on West India Sugar by 6s. per cwt., and had this difference of duty been put aside for the purpose of forming a fund, to be afterwards applied in providing religious instruction to the black population, then, indeed, the motives attributed to the Ministers would have been carried out. The free labourers would have derived emu- tial advantages, and the price would have denied the con sumption of slave-labour Sugar in Great Britain. As it is. West India body, and the foreign slave owners, will share tho between them the spoil accumulated at our cost, through the medium of exorbitant prices. NAVAL INTELLIGENCE. (From the Brighton Gazette.) PORTAMOUTH, JULY I.—The Pique, 36, Capt. Boxer, is to proceed to Spithead from Sheerness, to be held in readiness for immediate service, if required. The Incon stant frigate, Captain Pring, is under the same orders ha Plymouth Sound, destined, however, by rumour, for Que. bcc. The only ship of war fitting out in this harbour is the Vanguard, 84, Capt. Sir David Dunn; but, according to present appearances, she will not be ready to proceed to tLe Mediterranean for some time, owing to the difficulty of obtaining seamen. The Asia, 84, Captain Fisher, may be looked for front the Mediterranean, to be paid off about the middle of August; and also the steamer Hydra, Commander Robinson. The Athol, 30, troop-ship, Mr. Bellamy, master, and Apollo, troop-frigate, Mr. Kerley, master, have arrived from Quebec, with the service companies of the 11th and 15th regiments. The latter ship has since gone to Wool wich with a detachment of the 60th Rifles. The Sapphire troop-ship is hourly looked for, with the remainder of the 15th regiment, from Quebec. The Pluto steamer, Lieut. Lunn, is to be paid off at Woolwich, whither she has proceeded from the West India station. She brings no news of moment, having left the Admiral well, at Bermuda, on the 4th June, w ith his flag in the Winchester frigate. The islands were tranquil and healthy, except Barbadoes, where fever was partially prevailing. The squadron was healthy. The Vesuvius steamer, Lieut. Blount, is to take the 58th Regiment from this Garrison to Glasgow, and tbonce go to the River. The Pantaloon, 10, Lieut. Tryon. has returned to the eastern coast for the protection of the fishery. The cutter Seaflower, Lieut. Robilliard, has coma into the harbour from Jersey to refit, having left her tender , Cracker, in charge of the station, protecting the oystet fishery. The Southampton, 52, Captain Hillyar, is rapidly pro. greasing in her equipment at Chatham, fitting for the 114 of Rear-Admiral Sir Edward King, for the Brazil cow mend. A letter front an officer says she is to proceed 1 0 Spithead in a few days, there to complete her complement of men. The Thunderer, 84, Captain Berkeley, passed Gibraltar for Malta on the Bth June, having left the Tagus on the sth. Ships there at that date were Donegal, 78, flag ship, and Revenge, 78. THE MARKETS. COUNTRY MARKETS. Wheat. Barley. I Oats. I Bea..s. p..se ,-- --.—. —. Per Quarter.l a. to I. I. s. S. to 1. s. to I. is.. ..---"" to .• Bath Blandford Bridnort Chard Gloucester 6B 72 42 45 32 31 52 54 97 1," Exeter Guildford Newbury Reading.., 5O 82 32 42 26 35 45 44 88 ' Salisbury Shtrborne .66 72 30 34 22 28 42 44 ..., .rn Shenton Mallet 56 76 30 42 28 33 50 55 48 ." Uxbridge ...., — 37 43 28 32 Warminster i4B 75 24 46 27 33 48 52 Winchester 164 76 .., feovil 156 68 32 42 24 82 34 36 . ° LEEDS CORN M A RKET.—June :0. Wheat, Norfolk and Sunblk, 601 b. --- York. and Lincoln. 601 b. Barley, Norfolk and Suffolk --- Yorkshire and Lincolnshire 0 lls. to 3 -- Grinding ,.......... 28s. to 3 1'. a Beans Oats, Potatoe 29s. to 345. , --Bleabng, For. —d. to—d Eng. 15)4d. to 161. per sto° o 7 shelling 36s. to 89 5 . per 10 ' DEVIZES CORN MARKET. X Per Sack. s. d. i. d. Per Quarter. s. d. _g p 28 first Wheat 3B 0 to 42 0 Oats 23 0 to 34 0 Second 33 6 35 6 Beans (per sack)... 22 0 , 0 laird Barley 27 0 34 0 Bread (per ga11.)... 1 4 -'"' Mar FIRE-PROOF BUILDINGS.—PIans for preve- nt• ing the most fatal consequences of fire, burglary, open atta C l and sudden alarm, more especially during the hours of rest, 3 a for the safety of valuable and portable property under those cumstar.ces, have lately been invented by Captain Cressv e ,. l : and highly approved of by professional men, among others V Mr. Barry, the architect, who in a letter to Captain Cress e giving his opinion of the invention, says—" The hints it ' , 1 1.1- tains are valuable and well worthy of mature consideration. ZOOLOGICAL GARDENS.—A meeting o. the I,e Fellows of the Zoologi ca l So c iety w a s h e ld y es t er day l° ta into consideration Mr. Tooke's motion for closing the Gard en on Sundays, when the big o t s sustained a signal defeat; e° seventeen hands were held up for the motion, which 1" 5 r i e t , jested by a large majority. I n one sense we reg r e t the res t ! _ because we wish to see th e hi g h er c l asses pl ace d o n a foot tns with the pest of the co mmun ity. Why s h ou ld a N o ble Lora 0 : a wealthy citizen be allowed to drive in their carriages ta ,: e , show of wild beasts o n a Su n d a y, while th e c hildren of th e middle and lower classes are prevented by the Magistrates an police from riding on donkeys? PATENT LEVER WATCH E S O. With silver double-bott om cases ... £6 6 6 With silver hunting cases This celebrated construction (tL: , ! most accurate on , a watch can be made) is now offer.yi, with the latest imprefe ments i. e. the detached escapement, jewelled in four ho l capped, hand to mark the seconds, hard enamel dial, and ol i s " # taining power to continua going 0.;le wi n di ng u p, a t the s " °. price A printed warranty is given, witk fixed terms, on whiff' the Watches will always receive any attention needed. T. COX gAVORY, Watchmaker, Silver and Goldsmi,a, 47, Cornhill (Seven d °°/.11 from Gracechurch-street). London. N.B.—Second-hand Watches purchased in exchange. ATIATFI S. On the 28th ult., in Thames-street, Mrs. James Carling, a son. of On the 27th ult., at Swanton Novers, Norfo'lc, de l'il' e the Rev. Edward Bullock Webster, of a son. of On the 29th ult., a t P ar i s , th e lvody of G. Graham, Eq.' Drvnie, North Britain, of a son and heir. f - 1 o f On the 29th ult., at Trebursye House, Cornwall, the la 1 Francis Vodd, Esq., of a (laughter. JO" OR the 30th ult., a t E n h am H ouse , H an t s , th e l a dy of Alves, Esq., of a son. On the Ist inst., s t G u y H ar li ngs , Ch e l ms f or d, Afr 3. Bad e ' ley, of a son. On the Ist inst., i n B er k e l ey - square, t h e l a dy of J &- n e 1 Lister, Esq., of a daughter. __....----- MARRIED On tho 24th ult., a t B or d eaux , S ou th o f France, M. g o r s e Brisson, o f To u l ous e, t o S ara h, youn gest daughter •f G Butcher, Esq., late Captain 11th Light Dragoons. sk' On the Ist inst., a t E a li ng , Th omas J ones , Esq., -° place, Chelsea, t o S ara h, d aug h ter o f J o h n Cl ar k e , Egg ° " Brentford. • On the 2d in s t., a t St. J o h n ' s, H ac k ney, Willi am Lid 413 „,4 0f Esq., of Upper Clapton, to Jane, eldest daughter of S am Preston Child, E sq ., of Clapton. On the 2d i ns t., a t S t. L u k e ' s, Ch e l sea , J. D. Hinsw. a i n t: Esq., eldest son of the late Richard Hiuxman, Esq., ° f h r nocks-House, near Bishop's Waltham, Hants, to Frances "'" - St , second daughter of C. H. Phillips, Esq., of Cleveland.rovr, James's. On the 2d inst., at St. John' s , Paddingtnn Josias Foot , F:A:, of Stok e , Devon, to Frances Maria, eldest :laughter of He nry Johnson, Esq., of Stanhope-terrace, Hyde-parl± DIED. cl Or. the 30th ult., Isabella Margaretta, wife of Alderson fl°_.a son, Esq., of Penlie- crescen t, Stoke Damarel, Devonshire, au. only d a ught er o f th e l ate G enera l Arc hib a ld C am pbell, Go ver nor of Fort Aug,u , tus, North Britain, aged On the I s t i ns t., Elizabeth , daughter of Mr. Thomas Perry' of Tuffnell-place, Islington, aged 22. 'tl On the 25th u lt., a t Hosting., Marianne, the wife of Pall/. Pierce Mauri ce , o f M ar lb orou gh, and daughter of the late 1- Bullock, Esq., of Overtown Housr, Wilts. of On the 29th ult., at Gravesend, Jetkry James, tho son Mr. John Smith, of Cotton's-wharf, Southwark. °nil On the 29th ult., a t A n t werp , Eli za Con Brown, - - daughter of Ford brown, Esq., R.N., aged 23. the On the 30th ult., in Gl oces t er -pl ace , Portman-squar e, , °f Hon. Maria Cha r l o tt e , re li c t o f Willi am T enna nt, Esq., late Little Aston hall, Stafford, sister of the Earl of YaiburnuAn' London Printed and Published by I,IURDO YOU.Nr , . 14 No. 112, Strand, at. The Sun Office, No. 112, Stare , la the county of Middlesex.—Friday, Jely 3; 1t.'40. I i i., 11 i Istl 1 3 The held at field s , o'Clocl . P The M., Gentle ( ounts, Pick masons and at 144 ish Noti Closed for ah T' with g For Gray'l Satiate thirty DINE Th, foot, which B Peei ails( Cause to Char tine Ilou -I‘ l _ ton Chaff il s, u.,