The Sun. — London, England, 1840-07-30 00:00:00

TENTING EDITION. ASSIZE INTELLIGENCE. 1 - 11)111E CIRCUIT-LEWES, JULY 29. The, eommiseion of assize for the county of Sussex was opened this day, at the Court-house, by Lord A bivJger. Tne number of prisoners at present for trial is between 'twenty and thirty, but it is stated that none of the of -fences are of a vety serious description. The cause list, it is said, is long, and there are some special jury cases of an interesting description. After the commission had been read, the Court ad ourned until to-morrow morning, when both Courts will proceed to business, Lord Abinger presiding in the Crown Court, and Baron Gurney at nisi prius. The Judges will go to Guildford and conclude their circuit on Monday next. POLICE INTELLIGENCE. MANSION-HO USE. A lad named Owen Jones was brought before the Lord Mayor charged with having robbed his master Mr. Ellis, tailor, at Aldermanbury, of several articles. Mr. Ellis stated that the prisoner, who had been ap prenticed to him from the Military Asylum at Chelsea, was a young man of a most violent character, and had been actually drill sergeant to a party of Chartists. Although comparatively of diminutive size, he resisted awl attacked the officers who apprehended him even in fie station-house, where resistance might be pre strmed to be little less than madam. The LORD MAYOR—What ! did this boy resist the officers ? A policeman—Most violently my Lord. We were obliged to tie his hands behind his b,ia. Mr. Eilis said that although he had treated the prt .lr,ner with the most marked indulgence—the extreme •of ingra;itude was the return. He had given the pri soner leave to go to the country to see his friends lately, and made him a present of some clothes ; but away the prisoner set off and got married, and no drnrbt the lad supported his wife by levying contribu tions . upon his master. Some of the goods which had been stolen were found at a pawnbroker's. A messenger from the 'Military Asylum at Chelsea stated that the boy had conducted himself well at that . place up to the time he was apprenticed. He was the son o'f an old soldier. Thooprisoner was remanded. An old sailor, who was rather deaf, was called upon to giv e evidence against a man named Giles, accused of having stolen two cheeses, the property of the clerk of the Great Western Railroad. He appeared neither to understand ne,r to relish his situation at all. Well, my good fellow," said the LORD MAYOR, " what have you to say ?" say I an't gui!ty—never was guilty at all. T. Lon MAYOR—I don't say you are ; nobody a: cuses you. Sai'.or—What do you want to make me guilty for ? never in rich a place as this afore. What do yr.ti want wi' me ? The LORD MAYOR—Don't ha afraid. Sailor (to the officer next to him)—What doe, 1..3 say ? Oaic.er—His Lordship tells you that you neetrut be afraid. S:ilor—Afeared 7 . I an't afeara,—(Lookine; round tpiciously.) I don't like this Ilzre place. What do ye want we me, I say ? 'rue LORD MAYou.—We only want you to speak t!:e I ,1 S'tilor—Why,--my eyes, I do speak the trutl-. I say - •;ty.--(-1 laugh.) :no Loan MAYou—Did you see any one take the ther,„les ? Sailor—Ay, to be sure I did. Ax him if I rfldnt. (pointing to the prisoner). Didn't I, Master? Da you (to the Lord Mayor) ax the gentleman. Tie Loan MAYOR—WeII, what did you see ? Sailor—Oh, I don't like this, -- rtly eves. swear ay.% guiity, if you like. Han , : us the book. The Loan M AYOR — Ntbody suspects you, ray good Vic) sAor_Well., I must go. I can't stay here any long-cr. Th;' l t.'ll do, I expect. I never was here afore, and I wov% stay for no one. The I .oao MAYoa (to the prosecutor)—l hofle you Hari other witnesses to support your ease ? The pro rictrutor replied in the affirmative. _ The Sallor—" Well I can't stay longer I expect. I never war in sicu a place. I wont come no more. No use in axing me, for -- my eyes if come, I expect." The old fellow then moved towards the door, and was beard muttering very indignantly as he went down the steps. Upon getting into the street he blew Iris nose without the aid of handkerchief; and looking up at the windows of the justice-room, he said, " D-- their eyes, they wanted to mak e me g uilty I ex p ec t, buc if ever they get me there again I' La --" The prisoner was remanded. Robert Styles, a person in the employment of Mr. Margeton nt Cheapside, was committed for trial, upon vhe charge of having robbed his master. Some braces, which had been taken from the premises two years ago, were found among the goods which the prisoner was ac cus,z,d of baying stolen. Mr. nobler, jun., for the prisoner, appealed to the ttompassionate feeling of the prosecutor,' but that gen tleman, who believed that the prisoner had been for a long time robbing the concern, and who has several young , men is his establishment, said that he considered himself bound in every respect to go to the extremity. FORGERIES ON THE NEWPORT OLD BANK. NEWPORT, JULY, 27.—Considerable excitement has existed here for these several days in consequence of Mr. Geach, the sor-in-law of Frost, and who was re cently in very extensive practice as an attorney at Ponty pool, being here in custody upon the charge of forgery to a very considerable amount upon the Newport Old Bank, Messrs. Williams and Co. The prisoner was examined on Tuesday last, upon which occasion Mr. Williams, the senior partner of the firm, detailed the forgeries, which consisted of three notes of a Miss Herbert and two acceptances of a Mr. E. Williams, amounting to nearly 5,0001., and which, having been paid him by the prisoner, had been discounted by him, and placed to his account. Mr. Geach, who stated he could prove his innocence, applied for an adjournment until to•day, which was granted, and the Court adjourned until nine o'clock, Monday (the 27th), long before which hour every avenue leading to the Justice-room was thronged w;th a dense concourse of people anxious to have a view of the prisoner. At one o'clock the prisoner was again brought up, and the depositions taken on the former day having been read, Mr. Fora (solicitor for the prosecution) said, that since they were before there, Mr. Geach had been fur ni,l2cd wi:h his banking account, and the aggregate amount of the pecuniary transactions between him and the bankers. The case, therefore, of the prosecutors was complete, and be at once prayed that the prisoner ■.ight be committed. Sir 'l'. Fhi!lips—The Magistrates having duly con sidered your case, have come to the conclusion that you must stand committed to take your trial at the en suing Monmouth Assizes on both charges, for having uttered these notes and acceptances, knowing them to be forged, and with intent to defraud Messrs. Williams. The prisoner then applied to be allowed to put in bail, but was informed, that, as to that matter, the Ma gistrates must refer him to a Judge of As.ize. The prisoner was then removed in custody for the purpose of being conveyed to Monmouth gaol. SHIPPING INTELLIGENCE. (LLOYD'S.) VESSELS SPOKEN WITH.—The Helme, from Alexandria to New York, 11th inst., off Gibraltar, by the Clipper, Holland, arrived et Liverpool; Courier, Roche, London to &nth Australia, 17th May, lat. 26 S, lon. 25 W; Isabella, beund to Madras, 30th ult., lat 6 8, lon. 28 W ; Moslem, 28th inst., lat. 48, lon. 15, by the Ocean Bride, srrivcd off Falmouth; Edmund Cat le, London to Quebec, lat. 49, lon. 18; Eddystone, London to Bathurst, 28th ult., lat. 46, Inn. 59. by the Endyrnion, arrived at Leith ; Allen, Kerr, Clyde to Bombay, latitude 3 N, longitude 25 W., by the Telegraph, arr ved off Havre ; Mary lt‘omerville, Liverpool to Calcutta, 18th March, lat. 2, long. 9 Liverpool, bound to New York, 7th inst., lat. 40, long 50 ; Hibernia, Liverpool to New York, 12th inst., lat. 40, long. 40, by the Henry Took, arrived at Liverpool ; Oawell, Liverpool to Quebec, 18th inst., lat. 58, brig. 12, by th e Eleanur Bracegirdle, arrived at Strangford ; Richmond, from Liverpool, out nme days, with loss of masts, 10th inst., lat 41, long. 13, by the William McGibbon, arrived at Belfast; Anne, cf Sunderland, for Quebec, lat. 41, long. 24 ; Prince, of London, lat. 49, long. 9 ; Africa, of Gothenburg, lat. 48, long, 12, by the Indian, Carr, arrived in the River; I r i s , Browse, Cadiz to Newfoundland, 11th inst., lat. 37, lon g . 21 ; Ro bert and Fanny, Liverpool to Rio Janeiro, 22d, lat. 48, long. 10, by the Tacitu.s, Moore, arrived off the Wight. Zenobia, New Orleans to Marseilles, lat. 40, long. 41, by the Ellen, Brown, arrived in the River. Med_ ford, Liverpool to Boston,' 19th inst., lat. 48, long. 34 ; Eleutheria, Quebec to London, 20tti,lat 48, long. 38, hi the Patrick, Henry, arrived at Liverpool, Gales, o f and from Whitby, out 40 days in the White Sea, by the Ann, Gascoin, arrived off Yarmouth. EXTRAORDINARY PROLIFIC BA RLEY.-Mr. amuel Barnes, of Westbury, has this year drilled in two acres with six pecks, and dibb?ed one acre with less than one peck of grain, and, most astonishing to relate, there are at this time to be seen from 100 to 150 stalks of grain growing from one corn, and some of the ears contain from 30 to 40 corns in each ; and last year the same gentleman grew nearly 24 sacks of grain per acre, of good quality. Its properties for malting have been tried, but of course on a small scale, and found to answer well. Mr. Barnes will be happy to show the barley, as now growing, to any gentleman who may be desirous of seeing it. CORONER'S INQUEST.—ALLEGED CASE OF MU H.DE R. —T ma EFFECTS OF CONTINUOUS DISSIPATION. An inquest was held before Mr. Carter, at the Mason's Arms, East-lane, to, inquire respecting the death of Mary Armileld, aged 44111 which was generally reported in the neigh bourhood to have bieen caused by vloleace. The details given in evidence were the same as appeared in Wednesday's Sun.— The Jung found a verdict, that the deceased's death was the consequence of excessive intemperance. Armfield, who is be tween 60 and 70, was called in and severely admonished by the Coroner. His grave would seem to be near at hand. SFIRIT of the PUBLIC JOURNALS rilltoH THE DAILY PAI"Ett . of YESTERDAY.) (Froth the Olobe.) The speech of the Bishop of Sal i sbury fin, klonday evening, in the debate on the Eccleiiastical Duties and Revenues Bill, has -called forth etretee tommendatory remarks from . soreee Ima deep regret from all who de sire to see tlle clerical order rescued from the odium of being influenced by secular regards, and religion freed from the injuries to its spirit and influence which such an imputation, if staccessftilly fastened Or), its ministers, cannot fail to laid. The Right Rev. Prelate is reported to have urged as a - feason for the rejection of the Bill, that "if these establishments were reduced, the ineweethent to enter the service of the Church would be materially diminished ; and as a proof of the solidity of this argument, he referred to the fact that when a measure, hardly more sweeping in its nature than that now proposed, was introduced into the Long Parliament, the 'number of students in divinity at the Universities rapidly declined, and became at last comparatively insignificant. He feared that the same re sults would follow now. He was informed, indeed, that al ready, owing to the agitation and uncertainty which pro veiled upon this subject, the number of students in divi nity at both Universities had been considerably reduced." " The inducements to enter tire Church *would be ma terially diminished if these establishments were re duced." The Archbishop of Canterbury designated these establishments by their right name when he celled and proved them to be wee "sinecures." Tee Prelate of - Salisbury—from whom better things were expected when be nee raised to his present high end responsible office—declares that these sinecures, in the possession of which the ministers of the Unurch repose in inglorious case, white the hungry sheep" which they solemnly swore to feed " look up and are not fed" —are the inducements which operate upon parents to devote their sons to the service of the Church, without which the Universities will be void of theological stu dents, and the churches destitute of pastors. What is this, we ask, but the repetition of the very objection, scarcely varying the form, which the worst enemies of a State Church have but too succ e s s full y urge d aga i ns t such an institution ? (Films the Standard.) In the House of Lords, List night, Lord Brougham presented a curious petition from the negroes of Barbadoes. The petition had two prayers—the first was for " a Parliamentary reform" in the is land, by such a reduction of the franchise as should throw the elections into the , hands of the black po pulation. The second and more rational prayer respected some regulations in force, which disable the labouring classes from emigrating to Guiana and other colonies, where the rate of wages is higher. Lord Brougham seemed favourably disposed towards both thmattda. The Black Parliament would cer tainly ra far towards completing his Lordship's work ita the West Indies. All that is wanting to give a pleasant and picturesque finish to the connection of Great Britain with these settlements is a system of such Parliaments extending through all the islands. In reply to the Bishop of Exeter, Lord Melbourne stated that the ordi nance f or th e re -i ncor p ora ti o n of the fraternity of Saint Sulpice (Lower Canada) has arrived in this country, but that the Govern ment would not lay it before Parliament in the course of the present Session. His Lordship added, that in the opinion of her Majesty's Law Officers, the local Government is competent to pass the ordinance in ques tion, notwithstanding the limitation of the Act 2 and 3 Victoria, chap. 4, sec. 53, which prohibits from passing any law " affecting the spiritual rights of any religious eomirunity, except as to the tenure of land." We have not the statute before us, and must, therefore, take the words from The reporters—but these words seem to us very like nonsense. They may not, however, be less— probably on that account—a part of a Whig-made statute. The main consideration, however, is, has the local Govetnment the power to incorporate a Romanist fraternity with inemense estates, and with perpetual succession ? Whether such an Act affects or does not affect " spiritual rights," it certainly creates rights of a vary formidable political character, and such as it plainly was in the power of the local government to abstain from creating ; and here the question pre sents itself, why i; such an extraordinary exercise of the . prerogative to be withholden from the observation of Parliament for now at least six months to come ? Lord Melbourne says that be has had the ordinance by him some time, but that he will not present it until next Session, because the law, we suppose, does not compc,,l him to do so ; but is this fair dealing with Par liament, and with the country ? (From the Courier.)_ • An earthquake could not more suddenly and com pletely deface and derange the physical order of Rat ure, than the revolution, so silently and unexpectedly ope rated at the Foreign-office, crumbles into dust the frame work on which avowedly the foreign policy of this coun try has been constructed for years past. The Quadruple Alliance of which Great Britain and France were the two buttresses of defence and defiance against the great Northern Powers, and the Northern Colossus in especial, is effaced and supplanted by another Quadruple Alliance, of which Russia and Great Britain are the advanced guard, marching to assault against the riv , il pretensions and policy of France. This fantastic feat, accomplished by diplomacy marvellous if not.dexterous, comes upon us like a coup de theatre, and the old beau transformed by stage trick in the twinkling of an eye into the slip pered pantaloon could not more awake the wonderment of the merry juvenility of Christmas holidays, than the phantasmagoric hey-presto pleasantries of Lord Palmers ton, the " juvenile Whig." Swift as thought he tra verses the globe from west to east, from north to south, and we behold him alternately perched at the antipodes of the European world, before his flight is suspected, now wrapped in the folds of the tri•colour flag, anon surmounting the flagstaff of the Russian eagle. We are not of the number of those who deprecate the maintenance of friendly relations with Russia, and who would rush into war because bar fleets are too nume rous, her power substantially aggressive, and her ambi tion unmeasured. But although our demeanour should not be offensive, our watchfulness should never sleep, and we should be as ready and prompt to repel when the hour of action and danger really arrived, as slow to provoke and hasten it, either by gratuitous insults and an ostentatious attitude of ill-judged defiance, or by a misplaced and overweening confidence. STATE OF' TRADE. ( From the Manchester Guardian.) MANCHESTER.—There was no material change in the market yesterday, as compared with that of the preceding Tuesday ; the demand both for goods and yarns was moderate, but steady, and prices without alteration. Within the last few days some purchases have been made for American account, but they are generally of an exceedingly limited character, and pro duce but little effect upon the market. ROCHDALE FLANNEL MARKET, MONDAY, JULY 27. —We have had rather more doing in the market to day ; yet the business has been limited, and prices very low. In the wool market there is nothing new to re port ; prices are giving way, and manufacturers buy for immediate use only. HUDDERSFIELD MARKET, JULY 28.—There were more buyers in this market to . -day than last week ; but the amount of business done was comparatively trifling. What may be the effect of fine weather cannot of course be ascertained ; but hopes are entertained that a good harvest will greatly improve the withered state of r trade ; and, as all prospect of a foreign demand is at an end for the present, this seems to be the only ground of hope. Prices are nominal. MANCHESTER BETTLIG. TUE , DAY.—The extraordinarily rich character of the Goodwood list has reduced the attendance in our sporting rooms this week, the absentees being more numerous than we remember on any similar occasion. This forenoon, the following formed the leading features in the business : On the Goodwood Stakes, decided to-morrow, the odds closed with 41 to 1 taken on Hetman Platoff; 5 to 1 offered against Orelia—probably a point more would have been pencilled down ; 20 to 1 against the Potentate, and the same against the Ruler; against the latter the layers would not proceed at that figure. Tata CUP (Thursday next. )-60 to 40 was offered against Charles the Twelfth ; a point more would have been taken. sto 1 was freely bid against Platoff; 6 would, at t h e w i n d up," have been booked. 40 to 5 was taken two or three times on Beggarman and the Dry of Algiers coupled—and then no layers. 9to 1 was taken on Pocket Hercules and Beggarman. 20 to 1 was offered against Romulus and Tag-Rag. 6 to 1 was laid against Liner cost. Forlorn Hope, and two or three others, were named ; but we did not catch any business of moment. THE ST. L EGE R.— According to the latest accounts from the south, Crucifix is scratched for her engagements this week, and appears at 6 to 1 for the great race of S eptember; the consequence is, that 5 to 1 was laid in scores and other sums to-day ; indeed, in one or two instances we noticed 6to 1 laid. Lauacelot's price must not be considered more than 3} to one ; half a point more would have been taken with zest to a sum. Galen was much inquired after, and as low as 10 to 1 was taken. One influential gentleman was open Con fed,liaerroaotne. 1 2 0 5 0 to to l h4asa jskusetd.bnenThtaekseanmun..p to take it in fifti es . 2 0 to I was off-red against o n s y s a t , d n a n n o , d . f 16 to 10 on Charles fo r th C field for the Stakes, bar two;' u and 10 10 t oo , I : lnn o 6 a ff yV e a i r g eb e e , e d , r i on the three-year-old for the Cup; 100 to 11 has been aguiust Retriever far the Cup. Lord Yarmouth, at the date of recent letters, was slowly recovering at his hotel in Paris, and the Marquis of Hertford, after a confinement of many weeks to his dumber, is at length enabled to take an airi n g i n t h e parks. Black game is very abundant this year through.. cut all the e nclo e su n re t s he of wi t e h g e , NauedwthFeorpeasetk. s rTunhemporoeulitiseaavrye —Hampshire Chronicle. trhenaniariskaub,ulyaisityrotnhge case. A THOUSAND MEN WANTED.—Onn of the most remarkable advertisaulis that has ever appeared will 1, 0 found in our columns this day: it is for a thousand men to work at the Monmouthshire Sale Cole Collieries, and good 17 ages offered.—lllerthyr Guardian. THE sUN, LONDON, THURSDAY, JULY 30, 1840. IMPERIAL PARLIAMEN T. HOUSE OP COMMONS, .jlo' , The SiElikti took the 'Chair shoilly before Four o'Clock. Mr. KEMBLE brought up the Repert of the Com mittee on the Bishop of Carlisle's Estate 1311 : Bill was ordered to In. re-committed to tie Middlesex (Ist : the Committee to sit on Fridayoext,, Mr. HINPLE - V pititintbd n . peotion from Gateside in farobr'ef Medical Reform. Lord JAMES STEW ART presented a petition from certain proprietors of steam boats in Glasgow for the abolition of Light-h'usee...nd Pilot dues. Mr. WAKLEY prestoted a petition from the free gardeners of Wakefield, signed by 240 persons, nom plaining of the treatment of a person named Crabtree, and praying the House to interfere for his relief. Mr. MACKINNON presented a petition from the solicitors of Hampshire, praying that. the Courts of Law might be removed from Westminster to Lincoln's Inn. Mr. EASTHOPE presented a petition from attor. net's and solicitors at Leicester, praying for the removal of the Courts of Law to the neighbourhood of the Inns of Court. Mr. GOUL BURN presented a petition from Hert fordshire against the r e p ea l o f t h e Corn-laws. Mr. BAINES presented a petition from Leeds against the encouragement of idolatry in Infia. Mr. HUME presented a petition from Leeds, signed by 16,000 inhabitants, stating that eight years had elapsed since the passing of the Reform Bill, and that they were sorry to see the results of that measure were rather the reverse of what they had ex pected, there having been no diminution of taxation, nor increased privileges granted to the people. A o d t h e y therefore prayed for the extension of the Reform Bill, !or Universal Suffrage, Vote by Ballot, Triennial Par liaments, and the abolition of qualification for Menthe; s of Parliament. Also a petition from the filth ward of the borough of Paisley, complaining of the dis tre,s prevailing among the indu s t r i ous c l asses , w hi c h they attributed to their exclusion from political privi leges, and praying for short parliaments and the exten sion of the suffrage. Also a similar petition from the Royal Burgh of Kirkaldy, in Scotland. Sir IL H. INGLIS presents; a petition from Leighton Buzzard, complaining of the manner in which the tithes of that place had been commuted, and praying for relief for the spiritual desti'ution which exists there. Also a petition from the Clergy of the Archdeaconry of Norwich, praying for an altera tion of the system of the commutation of tithes. coffee that qAA in bond in this country, or that had e tl s u , t i t that a n been ordered before the change of duty was contem plated . - . . Mr. LATIOILICHERt id T - ten- the Right v,, O en.n e ri, n nn t g l s e t i r t, t l i ng a oni; he stated t a ; t, attention o aw t u t ass i : u .1 the '..e a brin~i that he for the signing of the treaty with France. This and other causes had rendered it impossible that he should lie able to fitting in the measure before the waited ayin middle of next week ; and, therefore; he thought in fairness to the trade, the pubtie, and the House. he ought not to press the measure at a period when it could cot receive an ample discussion, and he had come to tt!e determination of not proceeding further with the Coffee Bill at present. Sir R. PEEL was understood to ray that he hal in tended to support the principle of the Bill, as the pre sent system required alteration, and was, in some re spects exceedingly absurd. Mr. HUME asked was it intended to allow the pre sent system to continue, of sending coffee front Hayti to the Cape of Good Hope, and importing it as the produce of British p.issessions? Mr. LABOUC HERE had already stated what be thought of the inconvenience of the present system. But it would nut be fair to the trade or the public to bring on the discussion at this period of the Session. Mr. KEMBLE hoped that in future Bills the Right Hon. Gentleman would be more careful to consider the subject before he brought it before the House.—(Loud cries of "Order, order.") Mr. PAKINGTON begged, before the House went to the Order of the Day, to ask the Noble Lord the Secretary for the Colonies, whether it was intended to lay before Parliament this Session—if not, at the be ginning of the next—the ordinances of the Governer and Council of Lower Canada, which had been passed under the Act of last Session ? ' Lord JOHN RUSSELL replied, that the ordi nances would be laid before the House on the first day of next Session. The ordinances would be in operation till disallowed. In answer to a question from Mr. KEMBLE, Lord PALMERSTON stated that her Majesty's Government were fully sensible of the value of the ser vices of Capt. Douglas, who by his gallantry, and on his own responsibility, had contributed most materially to the safety of a large body of British subjects. He was now in communication as to the means at acknow, !edging those services. Lord J. RUSSELL wished to know whether the Hon. Member for Ipswich intended to proceed then, as he was entitles to do, with the further censi deration of his Bill on the punishment of death, or whether he would give precedence to him (Lord John Russell) with the Regency Bill. If the Hon. and Learned Member wished that his motion should COlie on first, he (Lard J. Russell) would not oppose Mr. KELLY said that as he believed the Regency Bill could not lead to any protracted diSeusston, he was willing that it should have precedence of the mo tion he had to make. REGENCY BILL. Lord J. RUSSELL in moving the second reading of the Regency Bill said, her Majesty has thought it due to the interests of this country that her Majesty should call on Parliament to provide for a contingency, which I am sure, if the wishes and prayers of her people were to be heard, we should not have reason to dread. But as no doubt it is the duty of Parliament to provide for the exercise of the Royal authority in any contingency, and we are now called on to provide for that purpose, the question for us to consider is in what manner we may best provide for the exercise of that authority in case of the termination of her Majesty's life, while she left an offspring, but under that age at which Princes or Princesses might be fit to exercise the regal autho rity in this country. In stain.; •he provisions the are proposed to be made it will not be necessary that I should enter into what has been formerly done on similar occasions, except in a single instance. The precedents on the subject, generally speaking, are very unsatisLctory, having generally been made the occasion of a good deal of party differences, and the provisions made being generally encumbered with stipu lations and provisions extremely doubtful in their effects. The only precedent on the subject to which I think Parliament can look with satisfaction is that which we nave proposed to follow in tins instance, namely, the by provisions m a d e i n t h e R egency Bill o f the year 1880, introduced by L or d L ynd h urst, t h en L or d Cnanceilor, wits a Bill which the in the other H ouse o f P ar li ament, an d cor- supported'l hat the provided Government he exerciseperisd. o of the Royal authority : it was a Bill which received the sanction of both Houses, of all parties in the country, and which met with general concurrence. The principle of that Bill I take to have been to pro vide as fully as possible for the exercise of the Royal authority while that Royal authority was in the hands of a Regent. Such was the principle stated by Mr. Fox in the discussion which took place in 17S8, and such was the principle which I think was stated as fully and as strongly in the speech of Lord Lyndhurst in 1830. It is desirable, as he said, that when you have the Royal authority somewhat diminished, by not having the name and title of the Sovereign, tout you .1 , 04:1doot have R0v,,1 you consider ueuessary for the preservation and the balance of the Constitution, further limited by parliamentary business and regulations. For this pur pose, in order to keep the Royal authority unimpaired, I conceive it is necessary in the first place hat it should be exercised by one individual only. It is obvious that the division of the authority amour , a Council, espe cially where some of teem might be persons of the very highest rank, would only tend to weaken and en feeble the Royal authority. It is therefore proposed that the power of the Regent should be placed, not in a Council of Regency, but in a single person. In the next place with regard to the power of the Regent— it was not proposed to limit or to fetter those powers, except in cases in which it seems absolutely necessary so to do, those being the cases of the succession to the Throne, and the preservation of the Throne, as established by law, by the Act of Uniformity of Charles 11. in England, and afterwards in Ireland by the Act of Anne, as fully as it was in England, and likewise the Church of Scotland, as established by law. There is also a limitation with regard to the marriage of the Regent, and those are the only limitations the 13iii con tains as to the powers of the Regent. The only re maining question is, in whom shall this high authority be vested? According to the precedent of 1830,that authority was vested in the surviving parent. According to all rea soriable and natural considerations the surviving parent, to whom a child of tender years would be most dear, would be the person to whom the guardianship should be confided. Such being the precedent, an d such being the decision to which I think Parliament would come with respect to the guardianship of the heir of the Crown, it seems, I think, most desirable hat, the guardianship should not be divided Irons time Royal authority, but that the Royal authority I.mould be exercised by time surviving parent. We are • now supposing a case which might unfortunate happen of the termination of her Majesty's life before ! any issue of her Majesty might have attained the age of 18 years. It. is, therefore, proposed that this authority shall be invested in his Royal High uess Prince Albert, the present Consort of time Sovereign.—(Hear, hear, hear.) It appears to me this is the most proper and constitutional mode in which, in such an event, time Royal authority should he exer cised. It is my most earnest prayer that the provisions of this Act may be rendered unnecessary ; but as it is incumbent upon Parliament to provide for such a contingency, I know of no better mode of doing so than that adopted by the other House of Parliament with the consent of all parties, and which is in conformity with the precedent of 1830, and which appears to rue to be most in consonance with the monarchy and the best interests of the country. I have, therefore, only to move, Sir, that the Bill be now read a second ti ne.—(Hear, hear.) Sir ROBERT PEEL—Sir, I most heartily concur in the prayer which has been offered up by the Noble Lord, and with which I believe every Mem ber of this !louse is in unison, that it may please Almighty God to avert the contingency for which this Bill is intended to provide, and to make the enact ments of this measure of no effect ; but it being neces sary to provide against any c ontingency that might hap pen, I cordially concur in the provisions of the Bill.— ' (Hear, hear.) It is founded entirely upon the pre cedent set in 1880 by the Government of which I was then a member, when a similar measure was introduced in time House of Lords by Lord Lyndhurst, and to whi c h it wou ld h ave been my duty to have asked the sanction of this House if that Government had re mained in office.—( Hear, hear.) We, however, gave every consideration to the measure when it was brought into th e H ouse b y anot her Ministry.--(Hear, hear.) I entirely concur i n time principle of t.his Bill,ith which const i tutes a so l e itegent unfettered Council.-_( Hear, hear.) A Regent must necessarily have p owers l ess t h an a Savereign, but it to me th a t no goo i o b j ect could be attainedei Regency. by ft of tering, the R e gent with a Council fettering I entirely concur a l so i n the policy of not I time Reg en t b y any res triction whatever. concur also in the principle on which the Bill was framed, in avoiding precautions against every possible cantin• gene). 1 think nothing would be more unwise tatm to go beyond the tieecsity of the case, attempt to provide for every contingency, as 1 enink it better to leave for a future Parliament the making provisions for a remote Owl UnprObilbk contin gency, which would be better provided for by the P irlL ment in being at the tune. I must also say, in ap proving the principle ofselecting a sole Regent. unfettered I think Parliament lied by a Council o f Re genc y, decid e d wisely in giving the guardianship of the future f Sovereign to the nearest relative, and in not separating the functioas of the Regency and time guardianship of the child, Tois was the principle on which they had acted in 1830 with rennet to the Duchess of Kent. They considered the mother bad the deePeit interest not only in time cus tody of the 'child, but in the trade of admipistcrino-. tbo Government which was to precede time accession of the child. They had also framed a Bill on the con-' " tingency of the Queen tioiriafteri - pregnant at the death of his late Majesty, and in the even! of Ali birth f of a posthumous child, prodding that Queen Adei,i?ffe should have the guardianship, of, the ciold, and ex , 'reise the faCtions tick. j,t jtnecess;ary; therefore, for me again to state, that :''*!'tf , ;o.l . , l of the and the selection made, I entirely concur, cod will, therefore, say no more than express the hope that the contingency will be averted, and that the mea sure will never come into operation.—(Hear, hear.) Mr. FRESHFIELD said he was aware it might ex cite some SerpriSe that so unimportant art indivi dual as himself 4hotild say that he also entirely con eurred in the measure before the House. But he wished to cul the attention of the House and the Noble Lord— rather with the desire ut information than of objecilott to the suite of things which might exist in case of the Pirl•tmerit being in a et.it , .! of prorogation or disso lution at the death of the Regent. He wm aware in the ease of an accession the law provided for the contingency, but he wag not aware of any provison for the assembling of Parliament in cam of the death or discpalification of a Regent. He was aware it was not introduced in the BM of 1830, though he knew mat why, nor of any inconvenience there could be in in serting it. He would now call the Noble Lord's atten tion to another point 3 which it appeared to him ought to be provided for. In the precedent of 1811, his Majesty b&ng incapable of c the Royal prerogative, they had been obliged to resort to a very crooked line of proceeding, namely, the passing a Bill by both Houses of Parliament for placing the Great Seal in Commission, without its sign manual, and that Commission so executed gave their consent to the Regency Bill. At that lime the proceeding was very much objected to by the other side of the Douse, and it was contended that the contingency should have been provided for by a general law. Now that was not a mere fanciful case, for they had the Act of Parliament which repealed the attainder of the Duke of Norfolk staring them in the face, and in that case it was contended, and successfully, that the want of the sign manual to the Bill of Attainder was a ground for rescinding that attainder. Why should they - not provide for such a case in the present Bill? He begged to apologise for throwing out these suggestions. —(Cries of " Question.") The Bill was then read a second time, and ordered to be committed to-morrow. FRENCH CLAIMS. Captain BOLDERO gave notice that to-morrow he would move for a return of the names of persons who had received compensation from the Treasury on account of French claims, and the amount now lying unclaimed in the bands of the Treasury. FOREIGN GRAIN. Mr. BAINES gave notice that on Tuesday next he should move for a return of the quantity of fortign grain and flour in bond in the several ports of Great Britain, and of the quantity of corn and flour taken out of bond for home consumption for the three years end ing the Ist of July, 1840. NEW WRIT. On the motion of Mr. B. BARING, a new writ was ordered for the county of Cavan, in the room of Mr. S. R. Maxwell, who had accepted the office of Steward of the Chiltern Hundreds. POST-OFFICE. Mr. HUME gave notice that on the 4th August he should wove for a return of the salaries paid to the va rious postmasters inEogland, Wales, and Scotland. BIRMINGHAM. Mr. FOX MAULE give notice that he should to morrow move for leave to bring in a Bill to enable the Treasury to advance money for carrying on the adminis tration of justice in the town of Birmingham until the question of the validity of the charter had been decided. Sir ROBERT PEEL begged to ask what was the object of the communication that had lately pasied be tween the Secretary of State and the Mayor and muni cipal authorities of Birmingham, directing them to sus pend the Borough Sessions, and commit prisoners for trial to the county prison. He presumed one reason was in consequence of the delay of the Judges in pro. nouncing upon the validity of the charter ; but al though notice had been long previously given that the validity of the charter would be questioned, the prac tice of holding the Borough Sessions had continued up to a recent period. He presumed, therefore, there 'was some particular reason for the order in question. Mr. FOX MAULE said the question which I:ad been raised of the validity of the charter had natura Ily prevented the raising of any fund in the shape of rates for carrying on these Sessions. In expectation that the question would have been decided in July, the Chancellor of the Exchequer had felt himself justified in advancing money for the object, arid he now propoaed to come to the House to enable him to do so until the settlement of the question next term. It the application was not made to Parliament there would be great risk of the administration of justice being defeated. Sir H, PEEL—The' Hon. Gentleman had said the Treasury would not make any further advances without coming to Parliament. That might be very proper, b ut what he wished to know was w h y the Borou g h Sessions had been carried on for a certain period after the vali• dity of the charter had been questioned, and why they were now discontinued. Mr. FOX MAULE said it did not arise from any doubt of the power of the Magistrates, but merely from want of funds. Sir E. WILMOT begged to know whether it was intended in the Bill in question to provide for the re payment of one or two thousand pounds which the Borough Sessions was indebted to the county for keep ing its prisoners ? Mr. F. MAULE did not wish to enter upon a dis cussion of the Bill till he had brought it in. Mr. BAINES wished to know what were the inten tions of the Government with respect to the Bill for the safe custody of the registries of births, deaths, and marriages which had passed that House last Session,and was thrown as'de by the House of Lords ? • Lord JOHN RUSSELL said it was the intention of the Government to proceed with the Bill. Mr. HUME gave notice that ha should, as Mr. Wallace would be absent, bring forward on Tuesday next the motion of which that Hon. Gentleman had given notice for yesterday. Mr. KELLY postponed the motion of which he had given notice relating to the petition of Mr. Reed until next session. CASE OF NATHANIEL CAVE. Mr. EASTHOPE sail that he deemed it inexpedient at the present advanced period of the Session to perse vere in the motion of which he had given notice for yes terday, to refer the petition of the Rev. J. B. Moun tain, denying the allegations in the petition of Natha niel Cave, to a Sleet Committee ; he should therefore give notice, that on Tuesday next he should move that an humble address be presented to her Majesty, praying her to institute an inquiry into the facts of the case. Mr. HUME gave notice that, on Tuesday next, he should move for certain returns connected with the salaries and emoluments of the officers of the Court of Session in Scotland. CHINA. Mr. G. PALMER would now put the question to the Noble Lord, of which he had given notice for yes terday. It appeared that the Court for the adjudica tion of prizes taken in consequence of the order in Coun cil authorizing reprisals on the property of the Emperor of China, was ordered to be held at Singapore. Now, that Order in Council would reach China about the month of May or June, and from the elev. raeter of the navigation, and the prevalence of the monsoons, it would not be possible for the vessels to reach Singapore from the coast of China before the month of November, and if they should be released by the Court they would not get back to China before the month of May• This 'would, in such a case, occasion a considerable charge for de murrage. He also believed it would be exceedingly difficult to detain these ships upon the coast of China. The question he wished to a k was it any provision had been made for the adjudication of prizes before they should be carried into a British port. Lord J. RUSSELL said the provision which had been made for the adjudication of prizes was the one which had been referred to by the Hon. Gentleman. The vessels were to be conducted to Singapore for adjudication. No further authority bad been given. He had however spoken to his Noble Friend the Secretary of State ftsr Foreign Affairs, and to his Noble Friend at the head of the Admiralty, on the subject, and if any thing further were necessary to be done it would be attended to. CAMBRIDGE. Sir JAMES GRAHAM moved that certain re turns relating to the Borough of Cambridge, for which he bad moved on the 26th June, should be made forth with.—Ordered. COFFEE DUTIES. Sir ROBERT PEEL wished to ask the President of the Board of Trade, what course he proposed to pursue respecting the new duties proposed to be levied upon coffee. At present there were three descriptions of duties levied on that article. First, a duty of lad. per lb. on coffee the produce of foreign countries, and coining direct from those countries. Second, a duty of 6d. per lb. on coffee the produce of British possessions ; and Third, a duty of 9d per lb. on coffee, the growth of countries within the limits of the Evt. India Company's Charter. He understood that it Was the intention of the Right Hon. Gentleman to reduce the duty upon coff•e the produce of British possessions, from 6d. to 3d., and the duty on coffee exported from within the limits of the East India Company's charter, to 9d. With respect to sugar— Mr. HUME called the Right Hon. Gentleman to order,—( Hear, hear, and a laugh.) The Right Hon. Gentleman was now going into a discussion of the, merits of a Bid which was to come on that even ing.-4 Hear. ) Sir R. FEL L. said that he had not been out of or der. All he wished to ask was, whether it was in tended that the alteration should apply to all th PUNISHMENT OF DEATH. Mr. FITZROY KELLY moved the third reading of the Abolition of the Punishment of Death Bill. Lord JOHN RUSSELL would feel it his duty to oppose the third reading ; and, in doing so, it Would not be necessary to go into the entire question. The subject had been under the consideration of Parliairent in 1837, and they had recommended certain alterations which had been carried into effect. He objected to the Bill, more especially because it was stated that it was intended to pave the way for the total abcS Won of the punishment of death.—(Hear, bear.) It they were to take the question in a more limited view as to what offences the punishment of death was to be applied to, they would then have the offences which were particularly defined by the Bill in question. It had been argued that it was not desirable any longer to affix the pu nishment of death to offences against property, but that it wits desirable still to attach it to serious offences against the person. Therefore, in every ease which included danger or injury to life, where robbery was accom , panted by blows and violence ; burglary, if accompanied by violence ; setting fi,e to a dwelling or other house, in which persons were at the time or setting fire to ships ; all these being offences which seriously affected life, w er e p un i s h a bl e w i t h d eat h. The consequences of that alteration in the law had been a very great decrease in the number of persons against whom sentence of death had been pronounced, be cause forrealy,wirii respect to many of these, especially burglary, the definition was by no means accurate ; the consequence as he had observed, was that there had been a great decrease in the number of persons con ticted. With regard to one class of oirencet, he meant attempts at murder, he could not see suffi cient reason for taking off the punishment of death. (Hear, hear.) In two cases since 1837 that sentence had been executed. One case had occurred during the time he was Secretary of State for the Home Depart ment. It. was this. A persen who had for snsae time been leading a dissolute and disorderly life, in order to provide himself with means for continuing his course of disorderly conduct, determined to murder and rob a fa 'per, who t as considered to be possessed of money, as he returned from market. He accordingly placed obstacles in the road, over which the farmer's horse fell, and when he had fallen the man who had been concealed near the spot rushed out and shot the farmer with a pistol, inflicting a most dangerous wound upon him, from which however, the Harmer ultimately recovered. Here was not only an intention to murder, but, in addition, a most dan gerous wound had been inflicted. The other was a case in which poison had been administered, the effect of which had been to endanger life, although the person had ultimately recovered. He did not think that either of these cases called for, any instigation of punishment.—(Hear, hear.) A great alteration had been mane in the law relating to capital punish fe vow", no ma UM see cuaL. obouni be so soon called upon to mitigate the capital punishment which had been proposed to be inflicted by those laws. They had had but a short experience of their effect. Their was no ev;dence to show that Juries were unwilling to convict, nor was there any re turn except for one year of the number of offenders. They had not had sufficient experience of the great change which Parliament had made in 1837. They had then reduced the number of offences to which capital punishment was applicable from between three and four hundred, to between forty and fifty, of which thirty were under laws which had formerly ex isted—(Hear, hear)—and he did not think Parliament had had sufficient experience on the subject to induce them to adopt such a sudden alteration. There had been . some discussion in Committee regarding other offences, .and he must confess that he had not been convinced by that discussion, although the Committee had decided in . favour of the present Bill. One of the offences so dis cussed was that of setting fire to her Majesty's dock yards. Now although he thought there might be cer tain classes of that offence from which the punishment of death might with propriety be taken away, yet still there ware certain classes of that offence to which the punishment of death was properly applicable, inasmuch as the offence certainly partook of the character of high treason, where the intention was to destroy the resources of the State. The next class of offences which had beet, discussed in the Committee was the offe .ce of rape. Now he would confess lie felt great difficulty with re gard to that offence. If the proof were such as to con vince a Jury that the offence had been committed in its most atrocious form, then he must say that he thought the offender merited the punishment of death. — (Cheers.) There might, however, in some of these cases be some circumstances of mitigation ; he should there tore wish that the attention of Parliament should be called to the subject, with the view of introducing some revision, so as, if possible, to make two classes of offences, of which only the highest should be liable to the punishment of death ; but where the offence preserved its most atrocious character—where it was committed, by violence upon a person entirely inno cent ; be thought it was not only attended with th'; highest degree of guilt, but showed a settled kind of brutality in the person committing it, as justly sub jected the offender to capital punishment.—(Cheers.) He did not believe it advisable that Parliament should le lax the law in relation to this latter class of offences ; nor did he believe that under such circumstances there was on the part of Juries in the country any disinclina tion to convict. If the offence were one of r ire occur rence it might be advisable to make some alteration, but under all the circumstances he did not think it ad. visible to do away with the punishment of death. He was, therefore,sof opinion, that the present Bill ought not to be adopted during the present Session—(Cheers) — end in saying this he did not wish the Hon. Gentle.; men in the House to suppose he should be ready to support a similar Bill next Session.—(Cheers.) A great alteration had been made - in the criminal law in 1837. and they had not yet had sufficient experience of that alteration.—(Cheers.) With regard to the particular offence of setting fire to the dock yards, perhaps it might be advisable to make some alteration in the law on that subject during the next Session, but with regard to attempts at murder, aggravated cases of great violence on the person, he thought those eases should be still subjected to the pu nishment of death. He would not now go further in considering the subject, but he thought that hardly sufficient attention had been paid to the question as to how far certain classes of the community were affected icy it. Much was said of the feelings of the Jury, and of the effect of executions upon those who went to witness there. No doubt those arguments were entitled to some consideration—(Hear)—but there were two classes of the community to whose conduct and condition they must pay particular attention. Ono was that class of persons who were predisposed to crime, and with where the chief consideration before they committed a crime was whether, if detected, it would be attended with severe punishment. He thought with regard to such persons that the knowledge that death would be in flieted had considerable weight.—( Hear, hear, hear.) The other class was that of persons eho were obliged to pass through untic,quf.nted aid ue .prirtected places, or who lived in ituittions which from S ., A(F'e , xpo, , el them olor- I the vioknee of peopl”. He thought the L , gis!ature was bound to prot‘:•et tbo:se in_.ople, and he thought that, without the 'mishit] , nt of death, they could not prwect those Persons.—( Hear, hear.) He thought it was delusive to give fainter colours (as had lately been very much the custom) to the crimes of persons condemned to death. It ought not to be forgotten that it was the (Lay of Parliament to neglect nothing that was neces sary for the protection of innocent persons, who were eleeL eet t o ci e ,, ;eel teieei t!eer ii tr, ;I),•reiof f?, tee ; period of the Session it could handy be expected that the other House of Parliament should be able to go ~'''/ it fully into the consideration of it this year. He should ' therefore rfrovo that the Bill be read a third time this three ramtaig: BURittlAt coincided b all that had fallen from tl e Noble Lord, and after the speech they had just heart, he did not feel it neceseary to' trespass long o n the attention of the House. He should Say, how . - et er, did not think the time had yet coma far making any seridilif illterations in the law as regarded the punishment of death. lb particularly approved of what had fallen from the Noble Lori with regard to the preservation of female chastity. lie thought that the honour of women should be carefully guarded. and he hoped that the House of Commons would not with draw the protection which the law now gave on the subject. _ S. LUS HI NGTON said that be concurred in the opinion expressed by his Noble Friend the Secre tary for the Colonies, that it was the bounden, duty of that House to give nil possible protection to the sub jects of this country against the commission of great crimes —(Hear) —and he should still more strongly concur with his Noble Friend if he had shov n by references either to past experience, or the records placed on their table, that the oourse formerly pursued when the gallows teemed with victims, tended to give protection to life and to preserve the inhabitants of this country from the contamination of crime.— (Hear, hear.) .11, agreed with his Noble Friend in principle, but he differed with him wholly and entirely as to the manner in which they were to cffict the refection of life. He was not one who felt what had been cailed a false commiseration for sufferers, but he was one who felt for the population at large, and he was desirous of ensuring to them, by all possible means founded on past experience, a greater protection than they had hitherto acquired. If his Noble Friend had fogy considered the subject of capital punishment—it his Noble Friend had leisure and time to digest the ver; returns laid on the table of the House, and if he h a d „ am ;acd the consequences of abstaining from cap i ta l p „ n i a h men ,: in cases of rape, he would not have expre,sed opinions which 9"id be shown to be er r on e ous by a single sentence. It was thi;—that while that crime was not punished with death, 'the rh,:mber of convic tions was immeasurably smaller than it s been before. --(Hear, hear.) He was not about to tsins;,le the Ilousci. With- long dibeussior.s as to the principle of the Bill, but .he would trespass on their attention with a few details As to this very crime of rape, let the House see what the effect had been, and judge what was likely to be the most efficient pro ection for the females of this country. He found that, beginning with the four years ending in 1884, the convictions were eight per cent. upon the number tried for rape. In the four years ending the convictions were 12 per cent. upon the number tried, During the last year in which the punishment of death had de facto been abolished, the number of convictions were 29 per cent., and not a single life was forfeited upon the scaffold. The number of convictions for the attempt to commit rapes were, during the first four years, 61 per cent., the next four years 60 per cent, and the last, 60 per cent also This showed that it was not the severity of the punishment, but- the certainty of infliction which pre vented the increase of crime, for in 60 cases out of 100, where the minor offence was prosecuted, the offender was actually punished in 60 cases out of 100, but where Vie offence was capital, the convictions had only been 17 out of 100. He claimed to be the advocate of pro tection to females. If these tables were thoroughly un derstood, and well digested i he pledged himself to prove, taking a series of years, that the same principle had triumphantly vindicated their success from the earliest hour of crime down to the present moment. He trusted, in a matter in which life and death were at stake, the House would not think him impertinent it he gave them the results of robbery of various kinds. He found in the three years ending 1803, 1,342 were committed, and 19 executed. In the three years ending 1836, 1,052, and ive elsetsted, and in the last year, 1839, the capital effence haviet been done away in various instances, the number committed had fallen from 1,848 to 8,80, and not a single life had been sa crificed on the scaffold. He wa; not the advocate tuf the man who offended azainst the laws of him country, and committed great offences, but this he would sLiy, !hat however great his guilt, he could not agree to sa crifice 11;s life, unless that sacrifice were for the public good,-(Hear.) At the present moment one-third of the offences which had been formerly visited with ca pital punishment were done away with, and where twenty-four lives were formerly sacrificed, not one was taken away now.—(Hear.) Was not this protection and was it not also carrying the great principle into prac tical effect ? It was. Had not the prophecy of his de ceased friend, Sir James Mackintosh, been verified to the greatest extent?—and he thought, therefore, he had a right to ask what made the Noble Lord, doubt the efficiency of the law on the present occasion ? ( Hear, hear,) In former years, when the punishment of death was visited upon numberless cases, the convic tiorra were not ten in a hundred. Now, he would take next the commitments end convictions from 1834 to 1839, and he found that from that period they had prosecuted for the minor offence, though it was a matter of perfect notoriety—and he stated this in the presence of those who he believed could to 1.. s --utiVUSLI for the minor offence were matter of perfect notoriety for the major offences committed, he found the convic tions were 60 per cent, during the whole period. He would not weary the House with the contents of that invaluable book, which had been laid on the table by the Noble Lord (J. Russell). Out of his own words would he convict him, and compare the three or four years preceding for the effect of this, not at any particular period, but on the average number of years. For the crime of arson during the whole period, from 1835 to 1837, and thence to 1839, in the first period there were 129 committed, and 15 executed ; and in the next period, 102 committed, and 2 executed ; and in 1829 there was no execution. Now if it were argued against him the number of offences prevailing in this country, and that they had been accustomed to execute the law with a severity which rendered the offence less frequent, be asked was that the truth ? Was it the fact adth respect to murder or with respect to forgery ? Precisely the reverse. He then said, go'ng by those principles, the soundness of which his Noble Friend would not question, and as the result of experience, they had a perfect right to legislate with entire confidence, and that if they passed this all the same happy and beneficial results would occur as had resulted from their previous legislation. Ho knew not that he had any other argument to combat, because he had not to wage war with those who entertained the notion that guilt should be punished for guilt's sake.— ( Hear, hear.) His Noble Friend had alluded to the effect of the fear of death. No man who had deiibes rated on the subject would question that the fear of death must have a certain effect on all human beings. But the question was not whether the fear of death per se did not operate on the mind in deterritig from crime ; but whether, when they balanced against it all other considerations and remembered its uncertainty, it pro duced the effect which a more certain punishment would. The question was, would the fear of death operate as a preventative of crime ? They knew from past expe rience that it did not. He would be•glad to see the Bill pass, because it would put an end to those dis gusting exhibitions of human beings expiating their lives upon the scaffold, and they would be also relieved from all the mighty and gangrenous evils arising from these public exhibitions ; for if his Noble Friend had said they deterred minds not yet hardened from the com mission of offences, they most certainly doubly hardened offenders who were proceeding in the same career, and prepared them for the perpetration of perjury and mur der. It was the nature of mankind to be less afraid of what was constantly acting before them, however hor rible it might be. Let not Hon. Gentlemen who op posed the measure charge its supporters with a false iturnanity. All they sought was to carry their princi ples into effect to the fullest extent. The principle upon which they acted was protection to the whole community, so that instead of having nominal punish ments, and 17 persons convicted out of every 100 com mitted, they would have a certainty of punishment, which would go far to put an end to these offences. The Earl of DARLINGTON regretted he could not support the motion of his Hon. Friend the Member for Ipswich, and there was scarcely a sentence that had been uttered by the Noble Lord opposite, in which he did not concur. He was glad to find that the pu nishment of death, in certain cases, had been done away with. They all recollected the csse of the man Dawson, who was hanged at Cambridge for poisoning the horse of Lord Foley, under circumstances which were quite hor rible to reflect . upon—( Hear, hear.)—more especially when it was known that he was merely an instrument in the hands of those others who had employed him. He was no advo ca t e f or sangu i nary pun i shments, and he r jo:ced in the alterations of the criminal code, which had been effected by Sir R. Peel, and subsequently in 1b37, by the Noble Lord opposite (Lord J. Russell) But could any one say that in the last three or four years there was a single person executed who did not deserve the punishment ? There were some cases of attempt to murder in which the attempt was atrocious as the complete perpetration of the crime. It was admitted with respect to rape that there was great difficulty of proving die violence, but the power to punish with death should be left for those cases in which it was proved. The Hon. and Learned Member for Ipswich proposed to abolish the punishment of 'death, without proposing any substitution in its stead. For these rea sons he should oppose the Bill. Mr. HUME said that it w;45 acknovvledged that crane !eel h: -en dirl,i n i s h e d s i nc e the mitigation of the criminal code.—(Hear. hear.) No one denied that the persons alluded to deserved punishment. But in every case in which the mitigation of the law had taken place there had been a dirninutian of that particular ole,ss of crimes. He entreated the House to pass the Bill. Mr. KELLY said that if he thought an incre.se of er:nie would be the cons , quence of his Bill, he would it. But he e.,,v; certain the effect at cc cry reitiotion of the criini- . . ;,i • t't 4 i'":jr! roti;',l,(l,•d the 1 - louf..e that out of 180 descriptions of crime, in re spect to which the law had been mitigated, in no one EVENING ED'TION insesnee had there been an increase.—(Cries of " Hear, hear.") It had been fouad that all the predictions which had been indulged in as to the increase of crime which was to follow the relaxation of the severity of the Crimine code bad been completely falsified, and he was convinced 53sat the predice.one re spectirig the future effects of the Bill would also be falsified. On a former occasion, when the pressnt Chief Jest:ice of the Court of Queen's Bench bad proposed to abolish the punishment of death in cases of forgery, it was said be many that such a step woad shake the stability of commerce, and would lead to the ruin of the fortunes of individnals. The Chief Justioe of the Clum.'s Bench, however, succeeded in his virtuous en deavours, and the apprehensions on the sul'j :el turned out to be groundless. The offence of forgery had since that thite greatly diminished, aed they no longer heard of the ruin of the commerce elf the country. He would ere real the House to consider the questiya i 3 its true light. Let them do that be law, and according to law, which was now done against the' law and in spite of the law. He only asked them to exet t lt from capital punishment all these offences which were , not at present punished, while the law continued sae peeded over the heads, not only of criminals, but of Judges And Juries, so as prect:caliy to defeat the law.• He was astonished to hear the Noble Lord my that be was not aware that Juries would not convict in capital cases because that death wooid follow. He would be sorry to overstate an argument, ler .less a fact, even to carry out the objects he had in v iew, but he believed that it was impossible for any one t o eiverstate the pry'' dig'ous mischief which existed from the' utter impossi bility of inducing Juries to convict in capital cases, where death would follow, and in which the 7, in conime% with many of their fellow countrymen, thought death ought not to follow. Only that day he had received ne letter from Mr. Leathern, of Leeds, who sa id he ha° met the treasurer of the West Riding coming from the assizes at York, who said that the crimes trial there were of a deep and heinous character, but th ta Juries refused to convict because the loss of life would follow ; and he further was informed of a barrister who vs ent to York, convinced that it would be unsafe to arneleorate the law of punishment any further, but what he saw take place at York had quite converted him to his (Mr. K.'s) opinion upon the subject. Why, even in cases of murder the convictions were very uncertain. It had been' said that he proposed to legislate under a false feeling or humanity, and that he proposed tee withdraw the protec tion of the law from rerson and property. His intenticm was, and he beliered his Bill would give, protection awl farther security to both, otherwise he would not press his Bill upon Parliament. In the case of rape, out or 100 indictments they had only o btained 12 convict tinge, because death might have followed ; wleile in indictmen ts for the minor offence they had obtained 6t) per cent. That was a proof that the present law gave no cceurity to person- He conceived that the time had now seome when tbe Parliament was imperatively called upon' to go further in those ameliorations—to complete the e 'eerie so nobli begun by the Noble Lord and his predecessors. 1 46 trusted the principle of the Bill would me, st with th e approbation of the House, and that it woul di soon be come the law of the land, awl tend, as he sully be lieved it would, to promote the diminution of ci iene• Sir R. PEEL, for one, would not impute en b' s Hon. Friend that he was actuated by any false it:cc:ink: ls of humanity—he believed that he was acting from pur e ; and disinterested motives, and in the conscientious. belt that, by removing the punishment of death in ;certain cases, he was promoting additional protection to person and property.—(Hear, hear.) But, after the most m ature consideration he (Sir Robert Peel) could} give the subject, the Honourable Gentleman' had failed to impress upon his mind tb 6. impression which had been made upon his own,. and lin was not prepared to consent to the remission of the Pr' nishment of death in ;satiny of the aggravated ci tses CO templated by the Bill ; he thought they would n of Orr" the public mind along with them if they went so fa; Why, he would ask, should his . - lon. Friend retain t b ? punishment of death in the cases or murder and tr easn a c In those cases there were grave doubts on many 1414.: but his Hon. Friend was afraid that he would net I ' such cases carry the public mind along with him. Sup' p G ,5e a case of burglary, accompanied by severe 4401 t r the pardon, or a rape committed upon the body of ac Pi s person by a rich and powerful individual, and yet en. ta offences should not be capital offences , the Pubial mind would shudder at the legislation of the 1.401.1.5,7; His Hon. Friend hasi referred to extrem a cases w hi- e s might be brought forward, in which witness es an d j et . , t a e had forgotten the obligations of their oaths % ; but %le had had experience enough to show that where bbd crime was aggravated and the evidence clear, i t wors " t o generally done their duty.—(Hear, hear.) Tie v eie l F , take the case of setting fire to her Majesty's do clesll oo , should they part with the security ehey.now had r, ' iii ,.. pose a party actuated by feelings of' national aninl n t bet setting fire to vessels of war, would ttee knowledg e ('sa his life was forfeited, or the certainty tha t his life s o ,, not be taken, tend most to the security tit' that rt. te e Before he consented to so extensive a reoissios not punishment of death, as to exempt cases in evll d , ' 1 , 1 ,, be only the whole of the vessels in a dock-yard. entg,' i e lt destroyed, and the crews murdered, he should l°- f t he much more narrowly into the probable efficace° its, ....e5e.a....,,..a,..... e . .1--f „es ue suueeees e ed. e nes.. would, under these circumstances, sugvest til t ! - n til ponement of the measure for six or eight reenot" sl - Be the question had been more maturely co nsidered'` or . understood from his Noble Friend that tranaPally. tation to . New South Wales was to be grad° of abolished ; but he presumed that transportation to sane . the suborciinate settlements of the colony , wnn l o '6- instituted, but when there was some doubt in the Pia lie mind as to the punishment of transport ation b, e k e • c ontinued, he feared the step they were about to on e. in passing the present measure, would be a loo t Y ' e 0 1 an injudicious one. -He bad no objection to l le le . the alterations contemplated by the Bill, but as 1 1 Iv A e s it was of too sweeping and extensive a character, eT ter . the Noble Lord moved its rejeetion, he bad no a native but to vote for the motion. f 11 1 Mr. EWART said that the last arguenent o , Right Hon. Baronet was founded on the inaeleg a3ci en d imprison.nent, and of transportation as seco ndarY Po r e but the defects in these systems of Pl ishments ; im" 'tient should not be allowed to stand in the e ray ° Lor d provements in the criminal code. The N obit t the had relied a goo d d ea l upon t h e f ea r of death , athat Right Hon. B arone t h a d completely discard" tba principle.—( Cries of' " No, no.") Ille left it Ivo , House to reconcile the arguments of those win or( Members, which completely contradictod each a t he The Right Honourable Baronet had re ferr e '‘, " ; ° , s ty's case of a person setting fire to he.r :• • •• ni t !!, - the dock-yard, 'out the case had beets pwt bid he Hon. and Learned Member for loswich,• b .- o ulli had clearly shown that if death ensued, the p a rty ep ) be liable to an indictment for murder._( He. I f ' b . till The Noble Lord had adverted to the false s:,rnelie'snes that existed in favour of criminals, but sinc e the• alive merit of the criminal code that false sympathy had s i te d considerably decreased, and it had never been elge_cui in favour of the crime but on account of the en orr",.nt, disproportion between the offence and the punislinring They had an instance the other day of the p eo p le v° part part with the law against the crimi nal, and ref ei ro , him with execrations and detestation. kiavini; P tbe r seeded so far, he thought they might safely talSee milori step, and effect a still further improvement erri urinal code of the country. t bir d Mr. LANGDALE said, in voting for the 4ter, reading, he should do so with the intention o E n' wards dividing the House to except cases of ref o'' a the Strangers were then ordered to withdraw, a° House divided, when there appearea— For the third reading ' ~.. bl Against it . . 7$ Majority .... 271 The Bill is consequently lost. fi° ll6° Mr. KELLY then said, after the decision t.he is el b e had come to, he should withdraw the siinilar• ' had introduced for Ireland. 131 i .1.0 CLERGY RESERVES (CANAD A) ~, aliog Lord JOHN RUSSELL mov e d the 0 0 '"-- . of of this Bill. . ü ß l u d inild t , a u k eo e np t e l r i o e sta M tin r g . ii his U o M bj E ect s io a n id s toh , which was, that it gav e e thw a eo n funds towards the support of an Established Chor e . rbe Canada contrary to the wishes of the peoPl e ' : h h e Noble Lord knew that the Bill, a c opy of wlu c i 01 held in his hand, had been carried by a majority o : a e ete one, and as was stated by the Governer-.General ton 00 3 last day of the Session, and after many members e i ) ,. P : s eo to it had left town. From the year 18'26 to the ? ', w all proportion P r t tP i h :k er o t °C o ll ;lie i°O4 of time, the House of Assembly had determined r eP'"„ os eM against the application of these funds to religious p I r , r t bei r Of this there could be no stronger proof than e 0 Os, resolution, which had been laid on the table o ' i 9. House. This Bill took these funds out of the pow' tee the Colonial Legislature, and diverted them fro° •et purposes of educatiorefor which they had fourteen tr . e , I, since the year 1826 determined they should be aPPLI 01 Therefore he objected to it. It had been carried lee. trick, and he asked the Noble Lord (J. Russell) vi e its ther he could consistently with his own deela rnt '% e le his letter to the Governor General, that he w ished 5- .0 measures to be carried out as would be consistent With the wishes of the people, persevere in this rne.l us e No man could have heard the sentiments of the ;Patio of Assembly without being convinced of their ell ea tto e, to it, and why then run counter to the general Jee. this and involve the Government in a dispute °, l e el kind ?—(Hear, hear.) He was sure prudence °ITO' dictate to them, not to add to the discontent nee already existed. By urging this Bill the 1 1 ° , to on Lord was violating principles he of all men ole1Pop• respect, namely, the rights of' conscience, and th e fie position to a Church supported by the State- Co sa therefore begged to m ove , That this House feele __ Or fident that to promot e th e p ros p er ity of that portl to her Majesty's dominions in Upper Canada, 3n : s e e satisfy the earnest desire of the people of that provitreo , it is expedient t, give the most favourable consideoyo jt to the wishes of her I\l...Hey's loyal subjects ti!cro :.:',„ to t e rniina!o 0:P ipa!oivi , : and disseesion w heel i 4 .? c ,, ,, hitherto existed on the subject of the Clergy Reser%._.',, to remove a barrier to the settlement of the cotp_ulof and to provide a fund available for the promoti n g -11:, Educ tore i~ sa l e se] Le °f . psia Lord try fOn. c th a I : ) PPe, s i 11 (. 1 ) 10, VC le een tt might iprovinc 'wish e d in this thereto h is mot All:: Xiltten of an ol drmisioi With ; could Str A no u se ~~n r r . .Mr, On of th e NV, 1 1, 2 rne nts den en , tiara fr ICcoul Th ( tad a Th Irvin g titir .r eni re tb pr ti flee Thi /It co Dyed 'Thov t i t a k l !, ine,„ 01 CU! AT ] AT] sad t ,ch, v O r '3oliei of th °cif felt