The Sun. — London, England, 1840-04-14 00:00:00

EVEN IN G EDITION . as to tue attempt of Courts of Law to interfere with the other privileges of that House was entirely left open ; and if he was persuaded that it was clearly the deliberate intention of the Courts of Law to fritter 4 !"Y, or to dispute, or to undermine the necessary pri vileges o f t h at House, he s h ou ld certa i n l y h ave so me hesitation as to t h e expe di ency o f agree i ng t o any Act of Parliament on thi s su bj ec t.—(" H ear ," from the Solicitor- General.) B u t h e did no t b e li eve that any such inten t Jon had existed. He believed that the feeling of the Judges was, that this was a po i nt t h at h a d ne ver been decided, and on their conscientious examination of all the au th or i t i es on the subject, they came to an opi n i on w hi c h great l ega l authorities in that HOO5O declared to be contrary to law, and which all the leading Members of the House considered to be contrary to its privileges, and which he believed the great body of the public considered to be inconsistent with communication of information, which they ought to have respecting the proceedings of Parliament. Be did not believe that decision to be grounded de stroy o any wilful intention of the Judges to diminish or de the p r i v il eges o f th e H ouse o f Commons ; but upon theirr conscientious opinion that they were doing their a uty, as the Judges of the land. Believing that was their real and bona fide intention, he did not think that they c ontemplated any future interference with the pri vileges of the House. In other respects, he should at all times, however, maintain the privileges of the Commons o f England, as he had maintained them in the case in question.—(Hear, hear.) The SOLICITOR-GENERAL had attentively consider e d th e amen d men t s , a nd it appeared right to him t_o call t h e attent i on o f t h e H ouse t o their effects. He though t it would be inconvenient to again agitate in that !louse a question which had been already decided, that IS the propriety or impropriety of passing the Bill as it went up to the House of Lords.—(Hear, bear.) But ' i ng that the Bill came back ten times more O bjectionable, carrying every objection to the ex treme, doing that which was professed to be discla med— he thought it necessary to state to the House what hi s i mpress i ons were . H e b egge d to call atten tion to what was the object of the original Bill. The House was avowing that which it had never avowed be fore, for if it had it never would have been ao ind e p en d en t b ranc h o f th e Legislature. That avowal was, that the House was incompetent, of itself, to maintain its own privileges.—(Hear.) h avowal, under such circumstances, must neces sarily give rise on future occasions (unless they were warranted in assuming that the present was the last time their privileges would be called to question) t• great embarrassment. The desire not to produce such embarrassment he should have t hought had been made pretty apparent. When mea 'lures were proposed s to be taken on a former oc retsion, it was suggested that these measures would ad t o the apprehension that the House intended t° submit its privileges to the decision of a Cour t o f Law. That intention was disclaimed, and the Court ultimately decided against the House. They Were thus placed in a position of great embarrassment, and that embarrassment had followed them up to the present moment. The House had, therefore, a severe caution, as to the course it should pursue, and should C ot lay the foundation of difficulties which were calcu lated to produce much inconvenience.—(Hear.) He wished now to call the attention of the House to the natur e of the amendments that had been made. If thoY were admitted that House had lost its Place in the Constitution, and had ceased to have any Power as an independent branch of the Legislature. The Court of Queen's Bench had laid it down that that House had no privileges, and that not only that Court, but every other in the kingdom, had a right to review every privilege the House claimed. With that judgment standing, it behoved the House to be extremely careful. Besides that judgment, they ought t 0 bear in mind what had since occurred. When the Mouse proceeded to commit the Sheriffs for contempt, an!d they were brought up by habeas, insinuations were thrown out against that House, because of its having made a particular return, and although those Gentlemen were re-committed, they knew, from what bad fallen from one of the Learned Judges, that they considered they had the power to review the grounds of a committal by that House. The privileges of the House did not stand upon the same ground as before these occurrences ; it behoved the House to be ex ceedingly cautious.—(Hear.) He had every respect for the Courts of Law in Westminster Hall, and with re spect to the Queen's Bench—in that Court he had met with much kindness ; and with respect to the Chief Justice, he had a high personal respect and esteem for him, but he was not at all prepared to compliment the Court at the expense of the people of England --(Cieeers)—or the authority of Parliament. The claus e in the Bill c omplimenting the Bench was totally without precedent ; it was an unheard of principle that a Court should feel itself affronted because the Queen, Lords, and Commons, should interfere to stop the pro ceedings in an action. The action was to be stopped by the Act of Parliament, as it had been done in for mer times. In acts of indemnity it was done by de claring that all actions shall be discontinued and made void by virtue of the Act. No Judges asked to inter l'ere—no Court called upon to make any order—no no tice to those who had suffered for the public good—the public interests were promoted at the expense of the individual ; but when the Act was passed no notice was given him, but the action ceased by virtue of the Act. In a revenue action the same thing was done. In the act for arranging the Prince of Wales's debts there was 1 a declaration that ttU ac tions should be null and void, to 1 all intents and purposes. Why, therefore, he would ask, were the Courts to be called upon to interfere ? Were they to have any discretion ? If they were not, for what purpose but that of affronting that House, Were they to be called upon to interfere?—(Hear , hear.) But his main objection to the amendment was placed upon much higher ground. That House had denied, upon clear principles of law, that the Court.of Queen's Bench had jurisdiction over the question, and yet, by the present amendment, they were to appeal to that Court. This, in his opinion, was carrying the mischief infinitely farther than it was before ; because the House would become a litigant party with the de. fendant ; they would have to give Mr. Stockdale no tice, and appear before the Court as a contending party against him. This was, in his opinion, giving an affront to the House unnecessarily and wantonly. He thought, therefore, there was no ground for the insertion of the Passage proposed by the House of Lordi, and he ob jected, therefore, upon principle, to the alterations that had been made.—(Hear, hear, hear.) If the Bill were passed in its present form, much time would not elapse before it would be found that it re quired amendment. The Bill since it left that House, has been altered by some person not quite familiar with those proceedings. As the Bill now stood, during any vacation between the Easter and Trinity terms, any person wou ld h ave th e p ower of bringing an action, and 1 proceeding to judgment, unless the particular Judge, in whose Court the action was brought, happened to be in town. But that was only required in the case of i actions against officers of the House, but for the in demnity of persons publishing without the authority of th e House, the party might go to any one of the fifteen Judges.—( Hear, hear.) That might be altered by striking out the words " any Judge of the same." Then he objected to the twenty-four hours' notice. Suppose 1 a party like Mr. Stockdale chose to keep out of the way, and appeared only by his attorney, how could his residence be found ? He (the Solicitor-General) had never yet found words so distinct, or so positive, that he could make sure of them.—(Hear, hear, and laughter.) He had no confidence in the Judges to decide that which by law they were not entitled to • decide. Although he respected the Judges as much as any man, yet when he found them coming to a conclu sion that the privileges claimed by that House were monstrous, and that it was a tyranny under which no Englishman ought to live—when he found the same claim of privileges acknowledged in both . Houses of Parliament, as absolutely necessary for their legislative functions, he would say that considering the infirmity of human judgment, he thought the House betrayed its duty when it sub mitted its privileges to be decided by that Court, be cause it might do again what it had done before, The privileges of that House were framed to protect them against dishonest judges—he did not mean to include the present men, but if they legislated in con y fidence of the present Judges and withdrew the pro tection which the House had, he thought they were Proceeding upon very infirm and mistaken grounds. They must protect themselves from the decisions of dishooest, ignorant, and mistaken men. With regard to the other amendments he owned they excited in him smite surprize. It was stated that the power of Publication possessed by the House was most mischie vous, and ought not to be tolerated. The clause, if adopted, wo uld require amendment if it were to be of r any value. : ( f a person were prosecuted for publishing a copy of any proceedings ordered to be published by the House, the defendant was to lay the copy before the Judge. Now how was he to get the copy ? (Hear, hear.) The copy for the publication of which he was prosecuted would be in possession of the pro secutor, who would take esp ec;al care not to give it °P, az it would be a material p iece of evidence for hi. What p rov i s i on w as there to ena ble him to obtain it. -- (Hear, hear, hear.) The defendant was also to Produc e t h e report. Now wha t was the meaning of that? W as h e to produce one of the printed copies Published by Messrs. Hansard, or the original k maned script ? How he was to procu re them he e i not know, and then he was to compare the two and make his affidavit. A person thus circum stanced was not, like the officers of the House, confined to the Court in which the proceedings were tcommenced, but he might make application to any of she Judges. In fact, the whole of this was not a little loose.—( Cheers and laughter.) Now, suppose a per son, under these c ircumstances, indicted at. the Surrey Assizes. Those Assizes were held by Commission. As soon as the proceedings were over, the Court was dis "v(gcl—t)tere was no Court remaining. Under these circumstances, to whom was the defendant to apply to stay proceedings ? How could he apply to a Judge of the Court? He did not believe that any Judge would THE SUN, LONDON, TUESDAY, APRIL 14, 1840. list?.n to an application to stay procecdlngs, after , Commission ceased, and the defendant would be corn pelled to put in bail, and wait until the next Assizes to stay proceedings. This was the case of publication without authority. When the House ordered certain official papers to be published, they were only published in the ordinary way ; but, under this clause, any one might go into the immediate neighbourhood of a person, whose character was attacked, and, with the most ma licious intentions, hawk these re-publications about, per haps calling out the person's name in order to attract public attention, and he would be justified. Besides, by that clause the House lost all power of stopping pub lications.—(Cheers.) There had been a gross libel on the Lord Chief Justice of the Common Pleas, contained in a petition which had been printed, but he believed not published for sale. That petition had been pre sented at a late period of last Session, when the mem bers of the Committee were out of town, through an oversight of the Clerk, who had ever since suffered the greatest distress of mind in consequence. The petition had inadvertently been printed. The matter would have been disposed of long since, but it had been thought better to pass it over, as all who knew that Learned Judge, knew that a more kind, learned, just, or patient man did not exist. Could there be any doubt, that had that subject been mentioned to the House the order would have been recalled, and the printing the petition had been stopped. Under the present clause, that would have been impossible. He would mention another case, to show that the House ought never to part with the power of stopping publication. To the Report of the Committee on New Zealand there was attached a map. That map, it afterwards appeared, had been published previously by an individual. That individual had been awarded compensation ; but if the House had chosen to prevent the publication of that map, the present clause would prevent them from doing so. It was a clause requiring the gravest consideration. In his opinion, the last clause also was calculated to produce the most mischievous effects. The clause enacted, that, in cases of prosecutions against persons for printing extracts from or abstracts of publications ordered by that House, they might plead as a ground of defence that the extracts or abstracts were made bona fide, and without any malicious intention. Now, a man might make a most malicious extract, and print it, but take gond care not to publish it himself ; he gets some other man, who perhaps might not be able to read, to publish it ; and when this man was prosecuted, he could prove he had published without any malicious intention. There were great doubts as to whether it would not be proper to punish a man for the publica tion of truth, with a malicious intention ; but unde niably punishment was called for when the extract was of an unfair nature. With regard to the first amend ment, he objected to it, as giving the Courts of Law jurisdiction over the acts of the House ; and the two last clauses were not connected with the original object of the Bill : and as the clause relating to Howard had been struck out, and those other clauses added, he thought that the House would find that the Bill in its present state did not tend to relieve them from their difficulties.—(Cheers.) The ATTORNEY-GENERAL hoped the amend ments would be agreed to. They had been placed in a situation of great difficulty, and although he felt there were strong objections to this Bill, he thought the dif ficulties were less on that side of the question than on the other. The House had not parted with its powers ; and he trusted it never would ; but that if necessity should again arise, it would again commit plaintiffs, at torneys, attorneys' clerks, and skeriffs, in vindication of its privileges. Had the amendments given any discre tion to the Courts of Law, he should strenuously have resented them, but they merely went to substitute a Judge for one of the officers of the Court, and his func tions were purely ministerial. Had the Court pos sessed the power of dictating the te:ms on which pro ceedings might be stopped, he would certainly have op posed it, but it did no such thing. Had a clause been introduced to do away with the sale of the publications, he would certainly have moved that it be read a second time that day six months, but it did no such thing. With regard to notice, it certainly was right that some notice should be given to the plaintiff. In the original draft of the Bill it had been proposed to give forty eight hours' notice after application. It was :now al tered to twenty hours' notice before application, and he saw nothing to object to in this. He was rejoiced at the protection given to the re-publication of the papers of that House ; he should have wished to have seen such a clause introduced before the Bill left that House, but he had been afraid of clogging it too much, and risking its losslAs, however, the clause had been introduced, he re joiced at it. His Hon. and Learned Friend had said, with regard to this clause, that the proprietors of newspapers had greater advantages given them than the officers of the House. He thought, if his Friend would read it over again, he would find he had not put a proper construc tion upon it. He was satisfied from the time the Bill received the Royal assent no actions for libel, in conse quence of their publications, would be ever thought of, and if they should the Judges would immediately stop the proceedings. He should have been much better pleased if no Bill had been necessary, but he thought good had been done to the community by the Bill being brought into that House, and passed in the other House, where, notwithstanding the observation of indivi dual Members of that House, it seemed to him that a spirit of conciliation and moderation, and a desire to treat the House with respect,wore shown, and he thought they would not discover the same spirit if they rejected the Bill. For these reasons he should vote for it. Mr. WARBURTON thought it desirable the At torney-General should suggest the words which would render the amendments of th e L or d s e ff ec t ua l for the purpose evidently intended by them. He thought it would be discreditable to the House to pass the Bill without making the technical amendments which his Learned Friend said were necessary. The Bill should be made as technically correct as possible. Sir ROBERT PEEL said there was one considera tion which should not be overlooked. If this Bill were effectual for the purpose of preventing resort to harsh measures, it would be un wise to involve themselves in a controversy on technical points. It would be much wiser to look at the great objects contemplated by the Bill. If he found in it any amendment inconsistent with the privi leges of the House of Commons. or imposing conditions it would be disparaging to the House to assent to, he was prepared to take his stand in defence of their pri vileges ; but looking at the Bill sent down, he must say he thought it manifested a sincere desire of the House of Lords to meet their views ; they had made no amendment inconsistent with the main object of the Bill. If the House wished to get rid of the Bill, one half the ingenuity of the Learned Solicitor-General would be sufficient for the purpose ; and, if it had been employed in the House of Lords for that pur pose, would doubtless have succeeded. He was ready to overlook minor considerations and matters of detail, and particularly when he was convinced the defects were not intentional. He had no other object than to advise the House—(Hear)—and without throwing any refection on any other person, he did not know, judging from past experience, that he regretted any portion of the advice he had given. He rejoiced that he had advised the House to insist on the posses sion of this privilege. He did not regret the commit ments—he rejoiced that they had established the power of defending themselves—that they had the power to commit for contempt ; but he thought it an infinitely wiser course to procure by legislation a sum mary way of establishing that power than by continual conflicts—(Hear, hear)—which would lead to a total absorption of the time of the House, anti which conflicts would soon have been changed from the Stockdales to men of much higher character in society. He therefore did not regret the advice he had given to resort to legislation. They had made the attempt, and the result had justified it. He thought their privileges would stand on better ground when this Bill was passed than they would without it, as it afforded the ma more summary way than they now possessed of enforcing them. With regard to the amendments themselves, he did not wish to enter into a minute description of them, but it was now proposed that, instead of the officer of the Court stopping an action, the Judges should be compelled to do it, having no discretionary power ; and though they should decline to do so, the proceedings would be at an end ; but he must say it was unfair to assume the Judges would refuse to carry into effect the expressed intention of the Legis lature. Some of his friends had condemned him for the course he had taken, but he had never shrunk from it on account of its unpopularity. In his opi nion the Lords had done everything they could to protect their privilege, and his advice therefore was not to involve themselves in technical controversy on points not affecting the principle of the Bill. Mr. WAKLEY expected the Right Hon. Baronet was about to say, if the Bill passed it was his intention to abdicate his seat. Sir R. PEEL—I advised the Bill. Mr. WAKLEY—Not this Bill. The Right Hon. Baronet had said lie would sooner abdicate his seat, than give up this privilege. Had they succeeded in maintaining it ? Every one knew the reverse. There was not a person in the kingdom who, if he had any understanding, discretion, or sagacity, did not understand the majority of that House were woefully beaten on the subject. The privilege of the House was gone. They had been under the necessity of resorting to the House of Lords, and beseeching that lordly as sembly to concur with them in p a ssing a law to enable them to publish their proceedings. This was the miser able figure they were cutting in the eyes of England. This privilege being gone, was there one of their privi leges safe ? Would any man say their privilege of com mitment would not be next called in question, or that eve ry privilege of the House might not in turn be ques tioned by the hereditary branch of the legislature, and every one in turn prostrated, as the one they were now I discussing. The party of the Right Hon. Baronet never would extend a right the people wer . e desirous . of having th e m, but on this occasion had . driven them oarndds those sask veryfo r Judges s ss w io h n o t i o lad p u d b e - . \and atrocious, now this Bill had been introduced, ac etlS'‘lsatitirele'ntedhdeetHidlri o e t i ruo r es pe a o s assertion t L; ion of this principle knowle'i'red it to he eggivitial to the performance of the functions of Parliament. The Attorney and Solicitor- General would both in person sit on the Bench. The House had heard their opinions. Would these change when they got there ? He did not know which would be Chief Justice first, but when on the Bench, they would be acting under the same obligations—would their opinions change ?—( Hear, hear, hear.) Those Hon. and Learned Gentlemen differed in that House with regard to the law, and what he wished to know was whether when they were on the bench there would be an uniformity of opinion ? (Hear.) Under all the circumstances, looking at the nature of the Bill, seeing that the House had aban doned the high grounds it took at the commencement of the Session, if no other Member would do so he would divide the House against the amendments. Mr. PEMBERTON denied that the Bill was an abandonment of the privileges of the House. He saw nothing in the Act which was inconsistent with the doctrines maintained by the Hon. Member opposite, or his Hon. Friend the Member for Tamworth. The Bill did not prevent them from asserting their rights and privileges, if they existed in every mode which it was competent for him to adopt, before the Act should pass into a law. In fact it left their privileges precisely where they were, but it gave to them a more easy mode of exercising their powers and preventing parties fi om interfering with the exercise of them. He had heard with great regret the observations of his Learned Friend the Solicitor-General—anything less conciliatory he had never witnessed.—(Hear.) He agreed with his Right Hon. Friend the Member for Tamworth, that although there were clauses in the Bill that were objectionable, yet those objections were not sufficiently stringent to induce the House to reject the Bill altogether. In conclusion, he trusted that when the present measure became the law of the land the Noble Lord would give effect to the spirit of the measure by coming down to that House and moving the liberation of those individuals who had been incarcerated for a breach of its privileges. He was sure that if the House wished to stand well with the country they must adopt that course. Sir R. INGLIS trusted that the Noble Lord would put in force the suggestion of his Hon. and Learned Friend, and the moment that the Bill passed would move for the liberation of the individuals who were now in custody. He considered that in adopting the amend ments of the House of Lords they were not foregoing their own privileges, and he should, therefore, support them. Mr. HOBHOUSE trusted that the House would not adopt the amendments of the Lords. He con sidered that no arguments had been adduced that in the least degree controverted the powerful arguments which had been made use of by his Hon. Friend the Member for Finsbury. Mr. FRESHFItLD would support the amend ments of the House of Lords, considering that in doing so that House was not surrendering any part of its pri vileges. Strangers were then ordered to withdraw, and the House divided, when there appeared— For the motion Against it Majority The amendments were then put and agreed to. Mr. J. O'BRIEN said as the Noble Lord had now obtained the Bill, he begged to ask him what course he proposed to adopt with respect to the prisoners ? He thought they ought now to be discharged. Lord HO WICK said, before his Noble Friend an swered that question, he begged leave to say that he trusted the parties now in custody would be relieved from that custody only upon petition, and complete sub mission to that House. Lord JOHN RUSSELL was not then pre pared to state what course he would recom mend to be pursued with respect to the par ties now in custody, but he would be prepared to state it to-morrow. With respect to the persons now in custody, he must say that their case was very different from that of the Sheriffs—the latter acted upon compulsion, as it were ; they acted under the orders of the Court of Law. There werealso the son and clerk of Mr. Howard, they were persons filling an inferior si tuation, and acting under the orders of their master ; their case also deserved consideration. So far as regarded Stockdale, he was the original commencer of all those actions, and had done all in his power to set that House at defiance. In that course of conduct he had been aided and abetted by Mr. Howard, who even at the present moment had an action pending against several of the officers of the House. Their case was aggravated, but to-morrow he would be prepared to state the course which he would recommend the House to take. CANADA GOVERNMENT BILL. Lord J. RUSSELL moved the Order of the Day for the second reading of the above Bill. Mr. PAKINGTON, before the Order of the Day was read, wished to make an appeal to the Noble Lord for the postponement of the Bill. It was a most im portant and vital Bill, and he thought it ought not to be pressed under the peculiar circumstances of the case: —( Hear, hear.) He had a precedent exactly in point for making such an application, and one to which the Noble Lord would be disposed to pay much attention. In 1791, when Mr. Pitt brought for ward the very Bill relating to the Clergy Reserves in Canada, he fixed the discussion for the 21st of April, being immediately before the Easter holidays. Mr. Sheridan applied to the Minister for a postponement of the measure, on the ground that many Members had gone out of town in the full expectation that such im portant business would not be taken so immediately be fore the holidays. The event was that the Bill was postponed. The cases were perfectly analogous ; the only difference between them being the difference in the Members making the application. It was impossible that Hon. Gentlemen could be prepared to discuss the question, considering the late important debate. Sir ROBERT INGLIS wished to make the same appeal to the Noble Lord, and upon such similar grounds that it would be unnecessary for him to take up the time of the House. He did not believe — and ho meant no disrespect to other Hon. Gentlemen opposite—he did not believe that there were four Hon. Gentlemen on the opposite side who were pre pared to enter upon the discussion. Lord JOHN RUSSELL had given his reasons for pressing this Bill the other night, and he did not think that those reasons had been answered or set aside by the arguments of the Honourable Mem ber for Droitwich. The case cited by the Hon. Member was not at all analogous to the present one, because Mr. Pitt had had a second reading to the Bill. The Bill had even gone into Committee. He had had his second reading. He obtained the assent of the House to the general principles of the Bill, which was exactly what he (Lord J. Russell) wanted. The other reason given by the Hon. Member rather told against himself, because the Hon. Member for Wolverhampton was again going to bring the Corn question under discussion, and any Hon. Member on the opposite side of the House might bring forward some other motion, and if he were to allow such a rea son to prevail, be would never be justified in proceed ing with the Bill, which he thought was essential to the welfare of the Colony. He could not assent to the Hon. Member's application, and must press the second reading of the Bill. The Order of the Day having been read, Mr. HUME said he thought the Noble Lord was perfectly justified in pressing the second reading of the Bill, because of the immense importance of the Bill to the Colony, and by reading the Bill now, those who wished to take part in the discussion would have plenty of time to make themselves acquainted with the details of the Bill before it proceeded to another stage. It might be wished that the two provinces should, by separate legislatures, conduct their own affairs ; but after what had taken place, he doubted whether this could be expected,and he thought it was important that no further delay should take place in the settlement of he question. In Committee he should have certain amendments to suggest. The object of the Noble Lord, doubtless, was to tranquillise the colony. But would the measure have that effect ? Why , there was nothing in the Bill to settle the question of responsibility in the Executive. Then, again, as to the proportions in which the representations were to be adapted to the populations of the two provinces, was it fair that Upper Canada, with a population of 350,000 should have as many representatives as Lower Canada, with 600,000 ? He could not help remarking, too, on the great amount of Civil List established by the Bill-30,0001, whereas the whole expenses of the Federal Government in the United States was 13,000/. or 14,000/. Lord JOHN RUSSELL—WhatI including the Judges ? Mr. HUME—No, no—(Hear, hear)—the Judges are paid by the different States. The Hon. Member went on to say that he believed in accordance with Governor Thomson and Lord Durham, thou g h th ey had been reprobated for so saying by the Bishop of Exeter, that a great source of the disputes that had arisen was the question of Clergy Reserves. —(Hear, hear, hear.) He thought that the Bill was drawn up in so obscure and technical a manner, that he did not belie ve even a barrister of eight years ' standing would be abl e to make out from it the Constitu tion of Canada. Mr. GALLY KNIGHT said he feared this Bill was but the preparation for a separation of the Canadas from the mother c ountry—(Hear, hear)—which he thought sooner or later would assuredly arriv e .— (Hear, hear.) The rea son of all the disconte n t that had arisen was the too hasty conferring on the Canadas the benefit of free and representative institutions, for which they were unprepared.--( Hear.) The first measure was th e substitution of English laws and of the English language for the 1 rench, an d if t h at change had been mature d before the introduction o f f ree institutions, it would most probablylhave worked well. But the Act George 111. was passed, th. French laws were restored, and a House of Assembly w as g i ven to the colony. All the evils which had sin ce occurred might be traced to that concession: The people were attached to France, and they had made use of their power to endeavour to throw off the yoke of England. That was the true solution of the events of 1833. The demagogues had made use of their power for this pur pose. The people had taken little part in it, and there was little public opinion on the subject. They were not long in finding out specious pretexts to induce British sympathisers to take up their cause—these were gene rous men, who had been led astray by their feelings— others, however, had taken up their cause, not from such pure motives. Grievance after grievance was brought forward to keep the cauldron bubbling, and no sooner was one grievance redressed than another was brought forward, and when all were imagined to be removed, the House of Assembly came forward with an astound ing list of 92 new grievances. Their object was to throw off the English Government altogether, and when their designs were unmasked, the rebellion broke out. He believed the French Canadians were unchanged, and now in 1840, they were the same as they were in 1761. He believed the union was objectionable, but having been proposed it was difficult to be withheld. He did not approve of keeping the Constitution of Lower Canada suspended while the Upper Canadians were left to the enjoyment of their Con stitution. Neither did he approve of the restoration of the Constitution to Lower Canada. He therefore should vote for the second reading of this Bill, iut he should submit to it as a necessity rather than as a mea sure meeting with his approval. Mr. GOULBURN thought the union of the two provinces was, under existing circumstances, the wisest course that could have been pursued, but he should reserve what he had to say on the s ubject for the mo tion of the House going into Committee. Sir C. GREY expressed his concurrence in the general principle of the Bill, but rose to express his dis sent from that portion of it which related to the sale of Crown lands. He thought if it could be done, it would be better that the Crown should retain the power of'disposing of the net proceeds of the sale of Crown lands ; and he hoped if it could be done consistently, that the Royal Assent would be given to the Bill of the Legislature of Upper Canada relating to Clergy Reserves. It always appeared to him, that the plain way of settling that question would be to sell the lands known as Clergy Reserves, so that they might not be obstructions to the progress of settle ment and cultivation, and that the proceeds should be handed over to the Established Church, either of Eng land, or of England and Scotland, if both were entitled to share in them, and then from the sale of the waste Crown lands provision might be made for the other re ligious sects which stood in need of such provision. By this method that feeling with regard to the Clergy Re serves would be removed which bad tended so much to damage the cause of the Church in the minds of the in habitants of these Colonies. Sir R. INGLIS would not now enter into any dis cussion on the question of Clergy Reserves. He en tertained great doubts on the question of the union of the provinces, and thought the present measure hasty and unadvised. This measure had been proposed 17 years ago, and had ever since been repudiated by every Colonial Secretary. In the present state of the House discussion was impossible, but be rose for the purpose of protesting against being considered to ap prove of the Bill, because he did not divide against it on the second reading, although he thought this measure o great improvement, is some respects, on those proposed last year. Mr. E. ELLICE had entertained great doubts on the question of the union of the two provinces, and those doubts had only been removed by the general ex pression of opinion by the inhabitants of both provinces in its favour. He must take that opportunity of doing justice to his Right Hon. Friend the Governor-General of Canada, who, by his able and conciliatory conduct had given complete satisfaction to all parties in the co lonies, and had succeeded in uniting all classes in favour of the principle of this measure.—(Cheers.) He had also great satisfaction, in seeing his Noble Friend occu pying the office which he now held, as it gave him a pledge that they were at length approaching to a satis factory settlement of this question. He only objected to one part of the Bill—he alluded to that which gave the Governor-General the power of establishing com monalties in the two provinces. He concurred in the principle that such assemblies should be instituted, us he considered that the more those bodies had to do with the local administration of affairs the better. He was also of opinion that it would be indispensable to adopt some measure of taxation of waste lands, in order to force the proprietors of the lands to bring them into cultivation, but he thought all these matters had better be left to the arrangement of the local legislatio n . H e should give his cordial support to the second reading of the Bill. In conclusion the Right Hon. Gentleman expressed his fervent hope that the measure might lead to a satisfactory adjustment of this long-agitated ques tion.—( Hear.) Sir R. Peel just here entered the House, and Lord J. RUSSELL having risen at the same mo ment. said, if the Right lion. Baronet wished to address the House he could proceed.—(Sir R. Peel intimated that he did not desire to go on then.) The Noble Lord proceeded to say that, of course, he could not pre vent Gentlemen opposite from taking the discussion in the Committee, but this he must consider, that whether they assented or not, by agreeing to the second reading, the House did sanction the principle of the Bill.— (Hear, hear.) He felt bound, after what had been said by the Hon. Members for Kilkenny and Notting ham, distinctly to declare that no the measure which he might propose or support in regard to Canada, did he, in the most distant manner, wish to contemplate the se paration of the colony from the mother country— (Hear, hear) —on the contrary, he thought it for the interests of both that the connection should exist— (Hear, hear) —for he thought that such colonies were part of the inherent strength of the country.—( Hear.) Sir ROBERT PEEL said if he had thought that any thing he could have to say would require reply from the Noble Lord, be should have been happy to pro ceed when the Noble Lord called on him, even at so very short a notice.--(A laugh.) He perfectly agreed that it was for the honour and interests of this coun try that we should not lightly abandon our connection with the Canadas.—(Hear, hear.) Still, that con nection ought to be founded on good-vrill.—(Hear, hear.) We could never maintain that tnost important of all wars—a war of horror—in regard to the Canadas, at a distance of 3,000 miles from the mother country, unless we were supported by the attachment of at least the British part of our Canadian population. —( Hear, bear.) It had been proposed by some that Upper and Lower Canada should be divided into three provinces : a portion of Upper Canada to form one, Lower Canada to form another, and the Island of Montreal to form a third. But it was impossible not to see that very formidable objections might be made to such a proposal.—(Hear, hear.) That proposal had not, however, been put forward in such a shape as to enable the House to form any opinion upon it. He looked with great apprehension to the results of the plan then before the House for the union of the two provinces ; but it was impossible to suggest any scheme to which great objections might not be started. The maintainance of a despotic form of Government, con sidering the vicinity of the United States, he con sidered to be impracticable. (Hear, hear, hear.) They were about to constitute a new assembly, where parties would be equally balanced, and it might be that the union of the two provinces might have a tendency to increase religious animosities ; but when he found that the project of the union of the Canadas re ceived the assent of all parties—when he found that re solutions in its favour had passed the House of Assem bly, whatever apprehensions he might himself entertain, he thought it would be inconsistent with his duty to refuse his assent to the principle of the measure. He should vote, therefore, for the second reading, leaving the consideration of the details to another pe riod. With respect to the Clergy Reserves, ho trusted the Noble Lord would most carefully consider that sub ject, before he brought forward a measure, the effect of which would be to give effect to a Bill that would ultimately be of no avail. The Bill was then read a second time ; and upon the question that it be committed, Lord J. RUSSELL said he should not propose any measure to the House upon the subject of the Clergy Reserves without due consideration. The Bill was then ordered to be committed on Mon day, the 11th May. LORD SEATON'S ANNUITY BILL, Mr. BERNAL brought up the Report of the Com mittee on Lord Seaton's Annuity Bill. Mr. J. O'BRIEN said he did not at all int e nd t o disparage the conduct of Lord Seaton, on the contrary, he had always voted in favour of the principle of the annuity, but he was of o pinion that the services of the Noble Lord would be amply repaid by granting the an nuity for the life of the Noble Lord and his immediate successor. The Hon. Mem ber moved accordin g l y. Strangers were ordere d to withdraw. Th e H ouse divided when there appeared For the Amendment 33 Against it .......... .... Majority against the Amendment —7l ADMIRALTY COURTS. The House then went into Committee on the Ad miralty Courts Bill, Mr. Beatim, in the Chair. Clauses up to .5 were agreed to without observation. Clause 6, which related to salvage, was struck out. The remaining clauses were then agreed to, the House resumed, and the Report was ordered to be re ceived to-morrow. ADMIRALTY COURT (JUDGES' SALARY). The House then went into Committee on the Admi ralty Court (Judges' Salary) Bill, Mr. BERN AL in the Chair. On clause 1 being r ead, which pro v id e d t h at t h e salary of the Judge should be 4,0001. per annum, Mr. HUNIE proposed that the blank in the clause should be filled up with 3,000/. The average number of days during which the Judge had sat of late years was from 25 to 40, and under such circumstances he thought the remuneration much too large. It appeared to him that. the salaries of the Judges generally were much too high, and he could see no good reason why the pay of the present Judge should be increased. Mr. WILLIAMS had made the same proposition when the Bill was before the House last year. Ho had withdrawn his amendment on the understanding which was given by the Secretary for the Admiralty, that the salary of the Judge amounted to about 4,0001. per annum. It appeared, however, by the returns that had been since laid upon the table that the average of salary and emoluments for the last four years was 2,G09/. If the Judge received 4,000/. a year, he would receive 1751. for every day he sat. He found on an average of four years, the Judges of the Consistory and Arches' Courts sat twenty-three days a year, on the average only. Mr. M. O'FERRALL said if they did not increase the salary they should not increase the labour.— (Hear.) The Judge of the Admiralty had performed other duties than those of that Court—he had sat in the Privy Council. He also sat in the Ecclesiastical Court, for which for a long period he only received 250/. a year, while he had given up a great private practice. It was idle to say a Judge only sat 26 days, for during that time cases of great importance were to be decided, and it was for the interest of the country the office should be filled by a competent person. He thought the motion was an unworthy one. Mr. WAKLEY admitted it was necessary that the Judges should be persons of great talent ; but the ques tion was whether or not such persons could not be ob tained for less than 4,000/. a year. He thought such a sum was an exorbitant waste of public money. It was a principle of his no lawyer had been, or ever would be, worth more than 3,000/. a year.—(Laughter.) Mr. HUME co uld sec n othing unworthy in saving the country 1,000/. a year. Lord JOHN RUSSELL said the observation of the Honourable Member for Finsbury did not apply to this case, for when Lord Melbourne appointed the present Judge it was upon the understanding that the present motion would be made. He did not think it would be possible to fill the office with persons of the talents and learning it required for a less salary than that proposed, since such persons could obtain so much greater incomes by private practice in their profession. The House then divided and the numbers were— For the amendment Against it lOO Majority Mr. JONES was surprised to find a salary granted to the Judge of the Admiralty Court al most as great as that granted to the Judges of the Courts of Law, who had far more laborious duties to discharge. He blushed to see his party supporting such a job.—( Hear, bear.) The ATTORNEY-GENERAL said, that he did not think 4,000/. a-year at all too much for a Judge of the Admiralty, who had most important duties to dis charge. The present Judge was besides, a man of the highest legal ability, and his judgments were quoted with respect even in foreign countries. He should also ob serve, that he would have additional duties to discharge in time of war. Mr. KEMBLE did not think the question should be treated as a job. If he thought so, he would not have given his vote in its favour. But he believed that in giving that vote he was consulting not only the dig nity of the Court, and justice to the individual presiding over it, but the interests of the public. Mr. JONES had not called the transaction a Whig job. He had said it was a mixed job—in which Whigs and Tories had participated. Mr, HUME said that not only was the Judge to have a salary greater than his predecessors, but he was also to have, what they had not, a retiring pension of 2,000/. a-year. Mr. BERNAL (Chairman of the Committee) then put the question, that the clause giving a salary of 4,0001. a-year to the Judge of the Admiralty Court, be agreed to, when Lord HOTH AM moved a proviso to the effect that " the Judge of the Admiralty Court shall, after the present Parliament, be incapable of being elected or sitting as a Member of the House of Com mons." In doing so he disclaimed being actuated by those party motives which had been charged upon those gentlemen who had before contended for the principle upon which his motion was founded. Lord JOHN RUSSELL said that the Noble Lord in bringing forward his proposition, had given expres sion to his opinions in a manner with which no one could find fault, and he had referred entirely to the constitutional objections which he entertained to Judges having a seat in that House, and on the same con stitutional grounds, he (Lord John Russell) should wish to see this Judge retain his seat in Parliament. He thought it would be unjust to the House of Commons, and tend to lower the character of it with the country, if they were to disqualify persons who, by their posi tion, their talents, and their character, must be calcu lated to give the House useful information in debates on subjects of the greatest national importance. He laid that down as a general principle with regard to the constitution of the House of Commons.—(Cheers.) They must either maintain what was the present practice on that subject, or they must carry their principle much farther, and the result of the carrying out that principle would be, that they would find them selves in a position of great inferiority as compared with the other House of Parliament.—(Cheers.) With regard to the propriety of Judges sitting in that House. they should recollect that there were already two Judges possessed of criminal jurisdiction, Members of the House of Commons.—(Cheers.) Did the sup porters of this motion mean to say that those persons ought to be excluded ? The two Recorders of London and Dublin sat in that House, and he should be sorry to see them excluded by a clause in an Act of Parlia ment, and, should such a clause be proposed, he should most certainly give it his most decided opposition.—. (Cheers.) He thought it of great advantage to have those gentlemen in the House. 'The Recorder of Dublin, whose opinion wasentitled to great weight, had frequently expressed that opinion with great force of argument, and had thereby added lustre to their debates, and he would be sorry to see him excluded from Parliament. It might be stated that there was a difference in this re spect in these two cases—that they were not Judges appointed by the Crown, but nominated to their office by local bodies. But the House itself had altered this case with respect to Dublin, and he hoped they would alter it also with respect to London ; and whenever a measure for the reform of the Corporation of London should be brought forward, that they would act on the principles on which they had acted in reforming the Municipal Corporations of Ireland and England. With regard to the Corporation of Dublin, by the 166th clause of the Municipal Bill, which had recently passed that House, and which, before the end of the Session, he trusted would be the law of the land, they had vested the appointment of Recorder of Dublin, in the event of a vacancy occurring, in the Lord Lieutenant.—(Hear, hear.) Now, if any intention had existed of laying down the principle that Judges were not to sit in that House, there would have been an opportunity to bring it forward when they were vest ing the appointment of a Criminal Judge in the Lord Lieutenant, and regulating the duties of that Judge's Office, and yet on that occasion no one deemed it necessary to make any proposition that that Judge should not have a seat in Parliament. Were they to say that they would have one rule for one Judge and an other for another. or adhere to their principle in the case of the Recorder of Dublin ; or, lastly, say the Judges might still continue to sit in that House ? He trusted they would adhere to the last part of the alter native ; he did not wish to make any imputations, but he thought it would look invidious, as if they were influenced by party distinctions, if they excluded one Judge without excluding all, and saying that neither the Master of the Rolls nor any other Judge ought to sit in the House.— (Cheers.) Party debates frequently occurred in the House of Lords. The Lord Chief Justice of the Queen's Bench and the Lord Chief Baron had both seats in the House of Lords, and took part in those debates. They bad all read the reports of the pro ceedings in the other House of Parliament at the time of the Reform Bill. The Lord Chief Baron of that day had been one of the ablest speakers against the measure, and his speech had doubtless been read with great interest. Would they say that it was competent for Judges to sit in the House of Lords, and yet that they, the House of Commons, would deprive themselves of the advantages to be derived from their presence, and of the lustre to be imparted to their debates from their arguments? Did they mean to say that they would volun tarily deprive themselvesof these benefits, and that their talents were to be for ever excluded from adding force to their debates ?—(Cheers.) He would allude to but one instance more—one of the greatest speeches deli vered in that House on one of those questions which always brought out great talent, was on the Bill for suppressing sedition, and providing a remedy for the abuses of the liberty of the press at the commence ment of the revolutionary war—that speech was made by Sir William Grant, then Master of the Rolls. — (Cheers) 'Would they deprive themselves of the op portunity of such things happening again ? He thought they would be lowering the dignity of the House if they did so. With regard to the present Judge of the Ad miralty Court it did so happen that be was the Member for the Tower Hamlets. He would say it would be more desirable that a Judge should not be connected with so large and popular a body in the metropolis, it would have been better had it not so happened ; that Was not, however the fault of his Right Hon. Friend. He Lad already been connected w ith that constittrkolney,and had so gained their confidence, that it o w limmense to be n p s l e e that they would disqualify the people of the Uniteda s as n a ' principle withdrawn.—(Cheers.) disadvantage if they wereStuotlalyt it w downud bcof m great db dd a lustre to t eir e ates, a talent, who would a f atio I' h Kingdom from electing persons of reat eminence and n w lie the would be unable to p .procure elsewhere. He thought ficine great advantages to a fanciful they would be sacri give them that important in orm theory.—(Cheer s. ) Mr. WAKLE Y said he was far from thinkin g it an unfortunate circ umstance that the Learned Jud ge of the Admiralty should have been elected for the large constituency of the Tower Hamlets—on the contrary, he c onsidered it very fortunate that, after having been selected by the Government to a high judicial office, the Learned and Right Hon. Gentleman should have been declared by his constituents qualified to represent them. His chief objection to the motion,however, was, that it tended to limit and restrain the choice of the people, and to deprive them of the services of honest and talented men—(Hear)—as they would be compelled to look to the House of Lords alone for dignity and eleva tion, and would, therefore, become trucklers to tho Ministry of the day.—( Hear, bear.) As to the Judge being excluded for fear he should be interested in judicial questions affecting his constituents—if that principle were good, why not send out all the landholders from that House on the discussion of the Coin-laws —(Laughter, and hear, hear)—because they were personally, pecuniarily interested in voting against the repeal in order to keep up their high rents ?—( Hear, hear, and cries of " Question.") Wily it was too much to the question.—( Hear, hear, and No, no.) This was a great constitutional question.— ( Hear, hear.) And he begged the House to recollect that the present Lord Chancellor, when Master of the Rolls, had sat in the House, and was so noble an ornament to the Bench that the House could not but deem itself honoured by having numbered him among its Members.— ( Hear, hear.) He thought the constitutional rights of the people would be violated if any more security were re quired than that they should exercise on any individual ap pointed to the judicial office the same choice which was re quired to be exercised at the re-election of those who had been appointed to Ministerial offices.—( Hear. ) Mr. HUME—Sir, 1 differ entirely from my Hon. Friend.—(Laughter.) I think any Member, elected by a large constituency, must, if be performs his duty to them, have the whole of his time thereby occupied.— ( Hear, hear.) And I think in the same way that the public, after having made an ample provision for the re muneration of the Judge, are entitled to the whole of his time and energy.—( Hear, hear.) Indeed, Sir, I think that no paid officer of the Crown should sit in this House. Colonel SIBTHORP supported the motion. Col. T. WOOD supported the motion, considering that a Judge of so great importance as the Admiralty Judge ought to have no political bias. Mr. T. DUNCONI BE would repeat the vote he gave last Session upon this subject, and support the motion of the Noble Lord. He objected to Judges sitting in that House, because he thought the fewer placeman they bad the better. He should give his support to the mo tion, and in doing so he felt glad that reforms appeared to be coming from the other side of the House. Strangers were then ordered to withdraw, and the Com mittee divided, when there appeared— For the motion Bl Against it „ . alawrity against the motion —lB The clause was then agreed to as originally proposed. Clauses up to 5 were agreed to. On the clause providing a retiring pension of 2,0001. a year to the Judge of the Admiralty being put, Mr. WILLIAMS objected to it on the ground of its being without precedent. Lord Stowell had no retiring pension, and he did not see why the present Judge should have one. He should move the expulsion of the clause altogether. Mr. HUME seconded the motion. Mr. MORE O'FERRALL supported the clause. With respect to the observations made by the Hon. Gen tleman, as to Lord Stowell having no retiring pension, he must consider that the income of that Noble Lord was enormous, in many years amounting to as much as 12,000/. Mr. T. DUNCOMBE believed that this was one of those jobs which disgraced that House. He should, there fore, support the expulsion of the clause which was to carry it into effect. It was an unworthy pension, and he trusted the House would reject the clause. Mr. JONES did not see why the two offices of Dean of Arches and Judge of the Admiralty Court were joined in the Bill, and they might not be held by the same person as the appointments were made by different powers. Strangers were then ordered to withdraw but no division took place, the motion being, as we understood, withdrawn. Sir JAS. GRAHAM did not see any provision in the Bill for the maintenance of the independence of the Judge. Was he to be removable at the pleasure of the Crown, or on what footing was he to remain ? Lord J. RUSSELL said, care would be taken to bring up a clause providing for such a case. On the motion, that the clause do stand part of the Bill, strangers were again ordered to withdraw. The House divided when there appeared— For the Clause 46 Against it Majority • —24 The remaining clauses were agreed to, and the Bill was reported with amendments. The Report to be brought up this day. Lord INGESTRIE gave notice that on bringing up the Report he would renew the motion for excluding the Judge of the Admiralty Court from Parliament. In a Committee of Ways and Means, 11,000,0001. was granted for the payment of Exchequer Bills fer the present year. The Vaccination Bill was read a second time. The discussion to be taken on going into Committee. Mr. WAR LE Y gave notice that in Committee he would move a clause prohibiting inoculation for the small pox altogether. The other Orders of the Day having been disposed of, Lord J. RUSSELL obtained leave to bring in a Bill to continue the Poor-law Commission for a limited period. Also one for the better Administration of Relief . to the Poor in England and Wales. At that hour he would not enter into any statement respecting the Bills. He was anxious to have them printed and circulated during the TeCCSS. Colonel SIBTHORP said, unless the Noble Lord's Bills were very different from those of last year, they would meet with his most strenuous opposition. Mr. BLACKSTONE suggested the gradual diminu. tion of the number of Commissioners. He thought the Board of Guardians were now becoming able to act for themselves. BRITISH CLAIMS ON PORTUGAL. Lord SA NDON moved for copies of all correspondence which had taken place between the Committee of British Claimants on the Government and the Secretary of State for Foreign Affairs, so far as relates to the formation of a Commission for investigating and deciding on such claims, and the nomination of a Commissioner on the part of the claimants, commencing from the Ist day of July 1839, up to this day ; and also, between the Secretary of State for Foreign Affairs, or Lord Howard de Walden and the Go vernment of Portugal, on the like subject, during the ame period; and the letter from the Secretary of State for Foreign Affairs to Lieutenant-Colonel Bristow, dated he 4th day of April 1840, and Lieutenant-Colonel Bris tow's reply. Lord PA LMER ST 0 N said he could not agree to the production of the papers, for two reasons: Ist., the ar rangement was incomplete ; and second as the Portuguese Government had partly acceded to our demands, it would be inexpedient to publish correspondenc• containing ob jections which had since been moved. It was a corres pondence of charge and accusation between the parties, which he thought should not be made public. ADMIRALTY COURT. Capt. PE CHE LL moved for a return of fees payable n the Registrar's-office of the High Court of Admiralty, DUTY ON SILK. Sir FREDERICK TRENCH moved for an account of all silk goods imported for home consumption in the three years prior to the sth day of July, 1629; also, an account of all silk goods imported for home consumption in the three years prior to the sth day of January, 1840, with the amount of duty paid on each article; specifying, in both periods, those entered by weight and those entered by value. IMPRISONMENT FOR DEBT (IRELAND). Mr. PIG OT obtained leave to bring in a Bill for abo li,hing arrest on mesne process in civil actions, except in certain cases ; for extending the remedy of creditors against the property of debtors; and for the further amendment of the law and the better advancement of justice in Ireland. The other Orders of the Day were then disposed of, and the House Adjourned at Half -past One. MOST IMPORTANT TESTIMONIAL OF LIEUT. MAZTER3, H. P., LATE OF litE ROYAL NEWFOUNDLAND VETERAN COUTANIES (Cerificate.) St. John's, Newfoundland, 12th March, IS3B. Conformably to a Garrison Order, dated 9th March, 1831, for the assembly of a Medical Board to take into consideration the state of health of Lieutenant Masters, R. V. C., and to report accordingly, We, the undersigned, Staff Officer and Civil Practitioner, forming the Board authorised by that order, after a strict examination of the case of Lieutenant Masters, consider h:in as entirely unfit for military duty. Lieut. Masters has for several years been afflicted with rheumatic gout which has produced serious functionary derangements of his stomach, liver, and other viscera, and finally given rise to infirmity, weakness and enlargement of the articulations, especially of the ancle joints ; his general health and constitution is much impaired, and, therefore, in our opinion, he is incapable of fur ther service. (Signed) ANDW. FERGUSON, M.D. Staff Asst.- Surg. EDWARD RIELLY, Surgeon. Letter of Lieut. Masters to Mr. Prout, 229, Strand, London. Hawley, near Bagshot, 13th Jan. 1840. SIR, --Considering that the public would be greatly benefited by the publication of the extraordinary benefit whichs have derived by taking Blair's Gout and Rheumatic Pills, ,here with send the particulars of my case, and the first attacked with 11 Certifi cate, by which I was invalided. rheumatic gout in 1826, from whichwas Drs. Rod, Horner, and period to 1533 I was ender the treatment of the late Davis, all of Hampstead. Jacobs, as well as by the present Dr. From 1833 to 1338 I was at St. John's, Newfoundland, doing duty as a Subaltern in the Royal V e t er an Companies, wh ere I suffered most severely, an d was under the care of Sur geon Ilewson, R.S V. ~ private practitioner Fer__hea gus on, and Mr. practitioner there, witho u t being able to prevent the mist violent fits of the gout th ree or four times annually, which becoming so bad caused the Garrison Order for the Medical Board , as before named._ About the middle of last February and the whole of March my u 'ngs were dreadful ; in fact, I w as unable to move with out being carried; when Major Birch, of Crondale, near Farnham, a Magistrate of this county, kindly comm i sserating my situation, called on me for the purp ose o f taking my affi davit, that I might receive my half-pay ; and seeing me in so miserable a state, advised me to try Blair's Gout and Rheu matic Pills, saying, although not gouty himself, he knew several who had derived benefit from them. 1 had previously been advised by a then neighbour, Mr. Fedgent, of Aldershot, to try them, but I declined until the Major recommended them. I commenced by taking them according to the directions; and after taking six pills, found a cessation of all pain, and the re mainder of the box effectually settled that fit. I have since had several attacks, hut as soon as I feel the least sensation of the disease I take the pills, which have at once removed all symptoms,-1 may also mention that the chalk which had formed on my ears has disappeared, and where it formed in my fingers is decreasing. I have ceased to have those very weakening perspirations to which I was subject before trying the pills. Were you to print my case, and appoint an Agent in St. John's, Newfoundland, where my sufferings were known, and where th ere are so many afflicted with Rheumatic Gout, you would v as tl y i ncrease t h e sa l e o f thi s va luable __nr!i4 I am, Sir, your ob e di en t ser vant, JOHN MASTERS, Lieut. H.P. Royal Newfoundl Veteran Companies. MR. HOOK' S N E W WORK.—If the author of Sayings and Doings" has long been acknowledged as the most popular of our humorists,"Male his p ng ved ca timself to be he has rec entlyn o; the most fertile. It appears that Rork, entitled "Precepts infinite variety." His forthcoming and Practice," is said to embrace .ti ieae, than any of the author's much larger variety of in terest, both humorous and pathetic, previous works--ranging "from gay to grave , from lively to severe," with that astonishing ease and versatility which have so long distinguished this most understand, to b e enriched popular of our writers of prose fiction. The volumes are, with a large number of illustrative engravings by "Phiz." EVENING EDITION. ELECTION COMMITTEE. CAMBRIDGE. This Committee met again yesterday, when strangers were immediately ordered to withdraw, and the Committee resumed the consideration of the point under discussion at the moment of the adjournment en Saturday. On our re turn, the result announced was, thlt " the Committee re quire proof of agency in the firbt instance, but they will not reject evidence of bribery, which may be likely to prove to be evidence of bribery." Several witnesses were then examined at considerable length, the greater part of which, peadente lite, we think it advisable to reserve till completed ; and the Committee adjourned till this day (Tuesday). SPORTING INTELLIGENCE. TATTERSALL'S—YEST RDAY. A full room, and a good deal of betting. THE DERBY. 17 to 2 agst L aunce l ot 9 to 1 agst Angelica colt —taken 11 to 1 agst Confederate 13 to 1 agst Theon 20 to 1 agst Muley Ishmael 24 to 1 agst Monops 24 to 1 agst Melody 28 to 1 agst Ottoman 25 to 1 agst Assassin 30 to 1 agst Wardan 33 to 1 agst Prince Albert 33 to 1 agst Black Bess 40 to 1 agst Gambia 40 to 1 agst Velvet 50 to 1 agst Janus 1000 to 15 agst Amurath 1000 to 15 agst Pathfinder 1000 to 15 agst Maroon 1000 to 15 agst Cormorant 1000 to 15 agst Bokhara 1000 to 15 agst Cobham's dam 1000 to 15 agst Glenorchy 1000 to 15 agst Molineux 1000 to 15 agst May Boy 1000 to 15 agst Morgan Rattler 1000 to 15 agst Wild Duck 1000 to 15 agst Heron's dam 1000 to 15 agst Reindeer THE OAKS. 7 to 2 agst 'Crucifix—taken 8 to I agst Black Bess—taken 12 to 1 agst Lalla Rookh 15 to 1 agst Filly out of Rowton's dam—txkoa 18 to 1 agst Teleta—taken 25 to 1 agst Diploma—taken TWO THOUSAND GUINEA STAKES. to 2 agst Angelica colt—taken 4 to 1 agst Confederate 6 to 1 agst Crucifix—taken 8 to 1 agst Wardan—taken UNIVERSITY INTELLIGENCE. OXFORD, APRIL 11.—This being the last day of term, a congregation was holden for granting degrees, &c., when the following were conferred : Masters of Arts—The Hon. R. W. West, of Baliol College ; W. Miller, New College. Bachelors of Arts.—William Shillito, of University College. In a Convocation, holden on Thursday, it was unani mously agreed to petition both Houses of Parliament against the Canada Clergy Reserves Bill. The Archbishop of Canterbury has presented the Rev. J. F. Hodgson, of Christ Church, to the vicarage of Horsham, Sussex. The Rev. Thomas James, of Christ Church, has been appointed a chaplain to the Lord Bishop of Oxford. The Queen has been pleased to appoint the Rev. Tho mas Gamier, late Fellow of All Souls College, to be Dean of Winchester. The Lord Bishop of Bath and Wells has instituted the Rev. F. B. Portman, Fellow of All Souls College, to the rectory of Staple Fitzpaine-cum-Bickenhall, Somersetshire. CAMBRIDGE, APRIL 10.—On Monday last the following gentlemen of St. John's were elected Foundation Fellows of that Society :—C. Colson, B. A., G. F. Reyner, B. A., F. S. Bolton, B. A., J. Woolley, 8.A., W. S. Wood, 8.A., F. and L. Lloyd, 8.A., and F. France, B.A. Also, E. Docker, 8.A., N. M. Manley, 8.A., and W. Parkinson, B. A., were elected Fellows upon the founda tion of Mr. Platt. On Wednesday last the Rev. J. 0. Routh, 8.A., of Christ's, in this University, was elected a Fellow of that Society on the foundation of Sir John Finch and Sir Thomas Baines. The Examiners have given notice that the following will be the classical subjects of examination for the degree of B. A. in the year 1842 :—Demosthenes adversus Lip_ linens ; Juvenal, Satires X., XIII., XIV. THE CANADA CLERGY RE- SERVES BILL. FROM A CORRESPONDENT. REMARKS ON MR. JUSTICE JOHN PATTESON'S OPINION AS TO THE RESERVED LANDS ALLOTTED FOR THI SUPPORT OF A PROTESTANT CLERGY IN THE PRO VINCES OF UPPER AND LOWER CANADA. J. Y.—" Applicable only to the Clergy of the Church of England." Why, where is England ? Surely these will be the Clergy of the Canadas. " Clause 40. renders these Clergy subject and liable to all rights of institution, and all other spiritual and ecclesiastical authority of the Bishop of Nova Scotia,* according to the laws and canons of the Church of England, which are legally established and received in England." In an episcopal sense, therefore, these Clergy of " the said provinces, or either of them re spectively," being so subject to that Hierarebon, would be Nova-Scotian, not Anglican, " or such other autho. rity as may hereafter be lawfully granted by his Ma jesty, within the said provinces or either of them respee tively,"proves that the remaining words of the sentence, " according to the laws and canons," &c. applies but to the Bishop of Nova Scotia, which " authority " may not hereafter, or may be granted, wholly or provincially in Canada. Clauses 38 and 39 have especial reference to the first, and only presented, Clergyman of a NEW (" which now is, or hereafter may be formed") " parsonage or rectory." And even these pastors are to hold the same with liability only to functionary ministrations, the same as the duties of a cure in England. To the CONGREGATED CHURCH of that so supplied " township or parish," its " one or more" parsonages would remain the selection, and to the Minister of that Church scriptural ordaining (see Ep. to Taus) of his successor. Such original presentations would be consistently Crown-right, by the spirit of our constitution and im perial legislature. But other original presentations, after satisfying the tender Anglicanism of the Statute, would not be necessarily confined other than to " Protestant " men, just as accession to the Throne is limited. * The omitted parenthesis. THE NEW PUBLICAaIONS.—Mr. Colburn, of Great Marlborough-street, has just published the following interesting new works, which can be had of all booksellers:- 1. Woman and her Master, by Lady Morgan, 2 vols. post Bvo. 2. Memoirs of the Princess Daschhaw, Lady of Honour to the Empress Catherine 11., written by herself, 2 vols. tiro., with portraits and autographs. 3. Lights and Shades of Military Life, edited by Major-General Sir Charles Napier, K. C. 8., 2 vols. post Bvo. 4. The Fanqui, or Foreigner in China, comprising a view of the present relations of China with Great Britain, by C. T. Downing, Esq., new and cheaper edition, with additions, 3 vols., with illustrations, 21s. bound. 5. Miss Strickland's Lives of the Queens of England, vol. 2, Bs. 6d. bound, with illustrations. 6. Colburn's Calendar of Amuse ments in Town and Country, for 1840, a pocket volume, with numerous illustrations by R. Cruikshank, bs. 6d. 7. The Court and Camp of Runjeet Sing, by the Hon. G. W. Os borne, 1 vol. Bvo., with sixteen illustrations. 8. Memoirs and Letters of Madame Malibran, 2 vols, post Bvo., with portrait. 9. A Winter in Iceland and Lapland, - by the Hon. Arthur Dillon, 2 vols. post Bvo.—and 10. The Duke of Wellington's Life, edited by Sir James E. Alexander, now complete in 2 vols. Bvo., with numerous portraits of distinguished officers, views of battles, plans, &c., by Landseer, Heath, and Warren, 28s. bound. Letters from Calcutta of the 14th of February state, that Mr. Pearson has retired from the Advocate-Gene ralship, and that Mr. Turton has been appointed actuag Advo ate-General, until instructions shall be received from the Home Government. PUBLICANS AND BEER-SELLERS.—A return has been made to the House of Commons of the rental of the houses occupied by publicans and licensed sellers of beer in England and Wales. The total number of houses occupied bv pub licans is 55,513, and the number of beer-shops 36,054. The majority of public-houses are held at rents under 201. There being 10,769 under 10/., and 20,185 201.undaer,5 Of shops 11.944 a re ren t e d at a b ove 101.,95atbeanerd nd 8 above 151. A Paragraph having lately found its way into the colums of some of our Morning Contemporaries, extracted, we believe, from a provincial journal, to the effect that Lord Stuart (le Decies had embraced the Roman Catholic religion, we have authority for giving the most positive contradiction to the statement in questiel. RAILWAY TO SCOTLAND.—It is rumoured that the commissioners will report in favour of a west line; but it is unknown whether the preference will be given to the Morecambe Bay or the Inland project. We have always in sisted on it as unfair, to either side of England, to giro the preference to the oth4r. On the east side a line will certainly be ma . a de T t h o e d Newcastle, utyof theandon commissioners,the other,thiteriesfporreo,ba.bulgeittonoCtatro li be to recommend an east or a west line in preference, and thus to damage one-half of the country for the advantage Carlisle antse of the and other, but to consider from what point, between line te an i dEd fairly u r h g e h n , e s fi o t e t d h . a t both bides of the country may Newcastle, it is best to thakeeeaq ually Much We give no ear to the tales , are brought us, sill depend on the conduc t and judgment of the commissi oners in this case. but we wait with s ome anxiet y to see the re p ort, on which our readers may rely for our unprejudiced opinion. Railway Magazine. At the last concert given at the Musical Fund Hall, Philadelphia, by Miss Poole, Giubilei, and Manvers, a very young gentleman in the audience had p rovo k e d muc h notice anti quiet censure by standing up during the singing, with his back to the performers, talking and giggling with quite a young lady. When, however, Giubilei came to the song of .. y e Tormentors," and to the passage of " Methouglit a jack ass rose before me ! " the lad found all eyes fixed upon him, and quickly shrunk into his seat. . - ROYAL ACADEMY OF Music.—The first sub scription concert by the pupils of the Royal Academy of Music took place at the Hanover-square Rooms on Saturday morning. Mr. P. Cramer was the leader, and Mr. C. Lucas the con. doctor. The performance was honoured with the presence of his Royal Highness Prince Albert, who was evidently much interested with all he saw and heard. His Royal Highness the Duke of Cambridge was also present, as were his Grace th• Archbishop of York, Lord Burghersh, Sir William Curtis, Sir George Clerk, and several more in the Director's boa. Mr. Orde's celebrated Ardrossan Mare, the dam of Tomboy, Beeswing, &c., died at Middleham, on Monday last, having the previous day produced a fine colt by Liverpool, which is doing well. fa of lye ad' is it ible the cant I