The Sun.
London, England, 1838-07-04 00:00:00

THE SUN, LONDON, WEDNESDAY, JULY 4, 1835.

and in which he forced his amiable wife and family to
leave it with him, will attest before an astonished world.
For the consistency of his Lordship's moral sense, we shall
do no more than recommend to our readers a comparison
between the solemn guarantee tendered by Lord Melbourne
on the 30th of April against any sinister intentions of Lord
Durham, and the late announcement in the Lower Canada
Gazelle. We wena prepared to see in a praligate evening
tool of the Foreign office some proof of the sympathy be-
tween the virtuous chief of that department and the net less
virtuous patron of the new Canadian S2cretary, end that
proof came full upon us yesterday afternoon., The Foreign-
office pats the dictator on the back, and sings out "Turton"
for ever."—Times.

SECOND ED,ITION.

SUN OFF! CE, Sven o' Clock,

IMPERIAL PARLIAMENT.

(THIS EVENING.)

HOUSE OF LORDS.

The LORD CnniccEm.on took his seat on tha Woolsack a
a Quarter before Four o'Clock.

The Earl of ZETLAND (Lord Dundas) was introduced
by the Earls of Albemarle and Dude, with the usual for-
malities, when he took the oaths and seat on his elevation
to the Earldom. Afterwards the Lord Chancellor, the Earl
of Shaftesbury, and the Earl of Albemarle sat as her Ma-
jesty's Commissioners; and the House of Commons having been
summoned, appeared at the Ear, when the Royal Assent was
given to the following Bills in the usual manner:—The Su.
gar Duties Bill, the Church Patronage in Corporations
Sa'e Bill, the Freemen's Admission Bill, the Queen's
Bcnch Sittings Bill, the Sodor and Man Bishopric Bill,
the Bolton and Preston Railway Bill, the Grand Junction
Railway Bill, the Garnkirk and Glasgow Railway Bill, the
Southampton Dock and Pier Bills, Sale of Bread (Ire-
land) Bill, Processions (Ireland) Bill, Midland Counties
Railway Bill, the Edinburgh and Glasgow Railway
Bill, the Newtyle and Cupar Argus Railway Bill, the
Blackburn Gas Bill, the Leicester Gas Bill, the Leamington
Gas Bill, the Huddersfield Improvement Bill, the Refuge for
the Destitute Incorporation Bill, the St. Luke's Hospital
Incorporation Bill, and twenty-eight Road, Bridge, and other
private Bills.

The Blackheath Small Debts Bill, was read a third time,
and the other private Bills on the table were forwardei a stage.
The House then adjourned during pleasure.
The !louse resumed at five o'clock, when
A'lr. BIZOTHERTON and others from the Commons, brought
tp the Barnsley Small Debts Bill, and the Oldham Gas
Bill, which were severally read a first time, and the House
adjourned.

IMPERIAL PARLIAMEN T.

HOUSE OF LORDS, JULY 3.

Baron OSBORNE (late Earl of Carmarthe) was introduce'
by Lords Hatherton and Fitzgerald, aad took the oaths and
his peat.
The Earl of LOVELACE (late Lord King) was• it,troclueed
by Lords Gosport and Effingham, and took the oaths and his
scat.

The Leeds and Halifax Turnpike Roads Bill was read a se-
cond time. The Sugar Duties Bill was read a third time and
pasged.
The other Bills on the table were advanced a stage.
The Bishop of EXETER presented a petition of which he
had given notice, complaining of the conduct of the Commit,
sioners of National Education in Ireland, in having appointed
as teacher a person who had been dismissed from the coa,=t-
guard on the ground of making seditious speeches. The
petitioners state that this question had been enquired into in
their Lordships' House. It was true the matter had been
enquired into by the Committee, which sat last year ; but
there were some peculiar circumstances connected with this ease.
It was a remarkable circumstance, that this National School-
master bore a flag with this inscriptionron it—" Welcome, re-
ligion and liberty." There were other banners, with inscrip-
tions on them of an objectionable kind. He stated this, to
show that it was not a light complaint that bad been
made against this individual by Mr. Nangle. His (the
Bishop's) speech was published, and the Board directed
O'Donnell to take legal proceedings against the pub-
lisher. Certain proceedings were taken in which O'Donnell
made affidavits, in which he swore that he had never been dis-

missed from any situation in consequence of using seditious
language. Before the Committee which their Lordships
granted last year he (the Bishop of Exeter) produced
evidence that O'Donnell had been dismissed from the Coast-
guard, because of using such language as that they (the
Roman Catholics) would soon obtain the land again, and that
there would soon be an end of the Church of England ; and
that O'Connell would soon be put in his proper situation.
That was proved by the Lieutenant of the Coast-guard, who
was interested in the fate of the man, as he had been strongly
recommended to him, yet felt it his duty to report him to his
superiors. There was also the evidence of two witnesses wto
hard this O'Donnell use tIA language fur which he had been
dismissed. The negatiVe evidence amounted only to
the non-production of O'Donnell himself before the Com-
mittee, and if he had dared to present himself, that evidence
would have been contradicted. He had been removed
from one school in consequence of this complaint, and strange
to say, he was afterwards transferred to a school in the
very district in which be had committed the sedition
fur which be was dismissed by Lieutenant Irvin*.—( Hear.)
Was it right that O'Donnell, the man who bad been distin.
guisbed for his animosity to Protestantism, should be
placed at the head of the school ? He (the Bishop of
Exeter) thought that it would rot be unfair to expect that
O'Donnell should be dismissed from his situation, and that the
Commissioners who had so abused the Royal confidence
should also be dismissed. He now moved that the petition do
lie on the table.

Lord PLUNKETT said he could not allow of the obser-
vations of the Right Rey. Prelate to pass without notice. The
petition, and the speech in support of it, complained of the con-
duct of a body of individuals who were acting from the most
disinterested motives. Notwithstanding the serious nature of
the complai: t, however, the Right Rev. Prelate contented
himself with merely moving that the petition be laid on the
table, instead of moving the dismissal of the Duke of Leins-
ter, the Archbishop of Dublin, and the other Commissioners.
The reformation of Ireland, if it ever was effected, he
was convinced would only take place through the general
education of the people ; but unfortunately a different
course had been pursued, and Ireland had been con-
verted into an arena for the most acrid controversies.
Mr. Nangle complained that O'Donnell had attended a pro-
cession to receive the person who had just been raised to the
Archbishopric of the Diocese—inquiry was made and
O'Donnell was severely rebuked by the Board for
it. The other ground was that he had used seditious
language. That was alleged to have been used in 1831,
and it never appeared that any steps had been taken
by any authority from that time till the complaint
was made. The Board immediately instituted an enquiry, and
they wrote to Lieut. Irving, to whom the Rev. Prelate alluded,
who answered that he had never heard of the circurre;tance.
Lieutenant Irving in June, 1836, said he could not recollect
having heard of O'Donnell being guilty of using seditious lan-
guage. In August, the same year, he stated, how-
ever, that in 1832 he dismissed a person named O'Donnell
from the Coast-guard, for making seditious harangues to the
populace. Now, these words were never (so far as it ap-
peared) either heard by the Lieutenant, or reduced to writing.
The charge against O'Donnell was that he said Protestantism
would be overthrown, and that Mr. O'Connell would be King
of Ireland. Macarthy, one of the witnesses called, did not say
these were the words used, nor did Rutledge say they were.
He said that he heard O'Donell use improper language—that
tithes would be abolished—that Ireland would be free, and he
heard him praise O'Connell. Alacarthy's evidence was that
O'Donnell said no tithes should be paid, and that Ireland
should be free, and flourish once more. And for this he was
guilty of treason, according to the Right Reverend Prelate.
This man O'Donnell had in an affidavit denied the truth of
the accusatioteor that he used the expressions attributed to him.
A pamphlet
.or speech had been published, attacking the
Board of Commissioners, which he could not believe to have
proceeded from the Right Rev. Prelate, because he did net
think that be would have been so unmanly as to have shrunk
from the avowal of the fact—if such it were—that the speech
had been published by him. What course had been pur
sued ? Had any opportunity been afforded of fairly meeting
the charges contained in that work ? Application had been
made for the name of the author, but in vain ; and the con-
sequencem oved for:vaand
s thatwasaocnrliymrienfaulsiendfoormn atthieongrlotaudndneteheastsatirlielyapbeen
p 7
cation to the Court was not made at the proper time. He
thought their Lordships must be sickened by the repetition of
this disgusting topic, and as the Rev. Prelate had merely
concluded his observations by moving that the petition do lie on
the table, he would beg at once to second that motion.
The Earl of RODEN said with regard to an observation
made by the Noble and Learned Lord relative to his Rev.
Friend Mr. Nangle, he would only say he was sure that the
Noble and Learned Lord could not be acquainted with that
eminent individual, or he would not have spoken so slightly
of him, and of the important labours in which he was
engaged. He need only refer to the Committee before
whom Mr. Nangle was examined whether the impression
produced was not entirely in his favour ; indeed,
he did not believe that there existed a more upright,
a more conscientious, or a mere valuable servant of his
master. He exercised his ministry in preaching the gospel
of Christ in that part of the country with which he was con-
nected—not, as had been insinuated by the Noble and Learned
Lord, 'as the servant of any Committee—ha stood there upon
his own ground as a zealous and faithful Minis'er of the
Church of England. He must differ also very much from the
Noble and Learned Lord on another subject: and he re-
gretted extremely that the Noble and Learned Lord should
have thought proper to say that he rejoiced to think that they
were living at a time when there was a great amalgamation of
the two religions, and when there remained little difference
s unmanlyspeech in
ah
between them upon grand points. As a member of that
againstlti
LoTr I eh asdu ehe Bishopeann op°fl opinion.—(Hear.)
nsXie:fdnEt. Tht—oell publication represent
it
o asf
House and of the Protestantzt.lrthrcaltethlereNboebglegeadndtoLpearornteesdt
md
beennot
impression proceeding
was
thatwithof respecteoin coming
ntno
forwardthat speech
to have avowed it,
authorised by him. Now he would state briefly how the case
took place, his first and
-t Counsel, it was suggested to him that all
stood. When the first
of the very ab.e,
avowinrs the thing ; but having put the matter into the hands
that was wanted was to drag him forward, and that there could
be no real intention of prosecuting ; and the application was
made to the Queen's Bench at a time when it was known that
it could not be granted ; because, if it had been granted, an
) would have been afforded of answering the charge.
that he had never heard one word coming
(UPppoonrt that observation of the Noble and Learned Lord, he
would only tell him,
from him which he would not have the manliness to contra-
dict, without being terrified from the discharge of his duty by
the Noble and Learned Lord's eloquence and vituperation
But be
was not the only individual whom the Noble nod
Learned Lord bad deemed it necessary to vituperate ; he had
thought fit to attempt to injure the character of a man as ho-
nourable as himself, thought not occupying so exalted a sta-
tion—Lieutenant Irving. The Noble and Learned Lord was,
indeed, very fond of wishing to say things which, however, he
had too much caution directly and, positively to say. Further,
the Noble and Learned Lord bad had the confidence to say
that notice whatever had been taken of the business ; when,
Learned
was. Lord
Now said that
he upon the evidence of Lieutenant Irving, it appeared that
O'Donnell's offence had been reported by his immediate su-
perior to the commanding officer on the station, and that the
man had been upon investigation dismissed. The Noble and
tha(athe O'll3)ii.h
ontiop ell,,fwaEsx no more
moedeida
not know
how far the Noble and Learned Lord might be a steel-
boy ; but at all events O'Donnell had been dismissed upon
that ground after a full investigation by his superior of-
ficers. But the main point in the petition, after all, was that
than Lea r
the Board knowingly appointed this man as a teacher of' the
school in the very parish in which he bad been dismissed from•
the King's service—( Hear, hear,).—because he was a steel-
bey. There was the gravamen of the -charge. After Lieu-
tenant Irving had stated that he had discharged him from the
service for the offence which he had mentioned, what he com-
plained of chiefly was that on that same spct the B.,ard had
chosen, had dared, to place this man as a schoolmaster.
The petition was then ordered to he on the table.
LOWER CANADA—LORD DURHAM'S MISSION.
Lord E L LENBORO UGH wished to ask a few questions
of the Noble Lord the Colonial Secretary in reference to a
letter, which had been published in the newspapers, and which I
it, perhaps, would be more convenient he should read.
—The Noble Lord then read a letter signed " C.
Buller," which has already appeared in The Sun.
Now there were two questions which arose out of this letter.
The first question related to the Executive Council, and the
other to the Special Council, appoints d under the Act. It
appeared that after the 23 of June, baring previously ad-
dressed the above letter to the members of the to:m,:r Execu-
tive Council, the Governor- General appointed as his Execu-
tive Council Mr. Buller, lir. Turton, Mr. Daly—all psrsons
holding situations under him—and the first Aide-de-Camp.
lie understood, though it did not appear in the Gazette, the;
the old Executive Council had been dissolved; but whethur
lird been dissolved, or whether this intimation that their scr
vices would be dispensed with was consi lured lefficient, the
same question arose; but in the fulmar case there we-
another additional question, viz., as to the legality of the
whole proceeding; for he apprehended that it was anti: elf

doubtful whether even her Majesty had the power of dis-
placing the members of this Executive Council unless for
misconduct. However that might be, the necessary result of
the step which had been taken was that these five holders of
office were by an old custom the sole board of audit in the
country. They, too, constituted a Court of Appeal ; but
then, for that purpose, it was essential that each member
should separately receive his appointment from home ; and
if they should receive that appointment—if amongst the
rest Mr. Turton should receive the mandamus—he would be-
come a principal Judge of appeal in the colony. However
that might turn out, the present effect of the first measure of
Lord Durham's Government was to put an end to the Court
of Appeal in the colony. His first question therefore ”3,
whether Lord Durham, in thus compromising the Executive
Council, had acted without any instructions, or in pursuance
of or contrary to his instructions? But there was anether
and more important question, relating to the Spec al Council
created by the Act of Parliament. Parliament had not en-
abled a Governor-General alone to exercise legislative powers,
but the. Governor in Council; for the second clause having
provided for the appointment of the Governor-General and
the Council, the third clause delegated to the Governer-
General in Council all the authority of the Parliament in
Lower Canada. He did not believe that any Member of
that or the other House of Parliament supposed or intended
that the Governor-General was to act with a sham or pre
tended Council ; but if Lord Durham intended to act in
compliance with the principle laid down in the letter which
he had read, viz., that no persons permanently resident in
Lower Canada should be in any way committed by the acts of
the Government during the suspension of the Constitution,
then the Special Council must be framed like the Executive
Council—a sham Council, net exercising any real controul or
influence over the conduct of the Governor-General ; and if
such was the case, he did say that it was not a bona fide car-
rying cut of the intentions of Parliament ; that it was in com-
pliance with the words, but was altogether an evasion of the
spirit of the Act.—( Hear, hear.) Hie next question, there-
fore, was whether her nijesty's Government had issued any
instructions to the Noble Earl, directing him not to appoint
persons permanently resident in Lower Canada on the Special
Council ; or if not, whether they had received any intimation
of the intention of the Governor-General in that rerpect ?
Lord GLENE LG referred to the last question, and the
last part of it—whether the Government had received any
explanation of the course of conduct which the Governor-
General intended to pursue. Nuw he had to reply, that the
only information which had reached her Majesty's Govern
ment was contained in the Gazelle Extraordinary, which was
equally open to all their Lordships. It had not been accom
panied with a tittle of explanation from Lord Durham witl
regard to his intentions—( A laugh)---and, therefore, of course
the Government were entirely ignorant on that subject.
Further, he had to say, that there was nothing in the instruc
tions of the Government, representing the necessity of ad-
hering to any particular class cf persons in the appointmet.
of the Special Council. The Government went on the prin.
ciple of trusting implicitly to Lord Durham.

Lord BROUGHAM said the Noble Lord opposite, whim-
sically enough, seemed to think the answer of his Noble
Friend the Colonial Secretary satiefeetory ; he did not think
it was an answer at all. It was not a matter of option
whether the Special Council should be appointed ; the 'Bill
expressly provided for it. His Noble Friend surely could not
have forgotten his own Coercion Bill—( A laugh)—but if I e
did, he (Lord Brougham) would bring it to his recollection.
The second clause empcwerel her Majesty in Council to give
directions for special instructions to constitute the Special
Council, and authorized the Government to appoint such steel
so many as her Majesty might think fit; that being done,
then the Governer in Council was invested with the legis-
lative power. His Noble Friend m'glit say that that clause
was wily permissive ; but they must remember that the Le-
gislature of the colony bad been suspended for five years, and
that now, without the Special Council, no one thing could be
done; whence, as he imagined, arose the necessity for the
second question of the Noble Lord. He therefore begged
leave to ask whether any steps had been taken for the vur-
pose of enabling the Government to be carried on in the Ca-
nadas, by giving special instructions under the sign manna
to the Governor-General for the appointment on the Special
Council of such and ro many persons as the Crown may thick
fit, because, until that was done, the old Constitution ea; re-
pealed, and the new one could not be brought into operation?
He had no objection to delay putting that question until Fit
day or Monday, in order to afford further time for the arrival
of any explanation from the Noble Governor-General ; but
he could not help thinking that as a dictatorial measure had
been enacted, some dictatorial individual had been appointed,
who, being sent out to domineer over his subjects, did not
think it at all necessary to give his masters at home any ex-
planation—(Laughter)—for he believed his Noble Friend was
in as happy a state of ignorance of what was intended to be
done by Lord Durham as any of their Lordships, with the
-exception of the Gazette, which was open to all mankind. If
he did what he pleased, he ought at least to let them know
what he did.—( A laugh.) For these reasons he had asked the
question, for the answer to which he now waited.
Lord GLE NEL G said that the Noble and Learned Lord
had very much misrepresented the questions of the Noble
Baron. He had understood the question of the Noble Baeon,
to be—and he would appeal to the House whether he was not
correct—specifically to be, not whether the Government had
issued official instructions for the appointment of the Special
Council, but whether, in such instructions they had cxclud, d
persons permanently resident in Canada. To that question lie
had answered that theyhad •, but how extraordinary it was, said
the Noble and Learned Lord, that he could not answer ti e
question whether any special instructions cr authority had ben
given to Lord Durham to appoint a Special Council? Why,
to that question he answered that they had issued that autho-
rity. He must say that his Noble and Learned Friend had
been unjust in the censure which he had vroriounced.
Lord BROUGHAM had no intention of being unjust; on
the contrary, he wished to be as merciful and favourable as
under the circumstances be could; but the fact was, he had
mistaken the question of the Noble Baron. Stiil, however,
he wished to know whether these instructions embraced the
'quality as well as the number of persons, for the words of tl.e
Act were, " Such and so many persons as to the Queen shall
seem fit," evidently meaning that the Queen was not only to
state the number, but the kind of persons fit for the office.
After a few words from Lord ELLENDOROUGII and Lord
RIPON,

Lcra PORTMAN, at the suggestion cf Lord Brougham,
withdrew his old Bill for the regulation of charitable trusts,
and introduced an amended Bill fur the same purpose, which
was then read a first time.
THE IRISH MAGISTRACY.
Lord LONDONDERRY rose to call the attention of their
Lordships to the great changes which had taken place lately
in Ireland in the appointvncnt and dismissal of the Irish ma-

gistracy. Since iCe had first given notice of this motion the
Noble and Learned Lord had had c3mmunications with

the Lord Chancellor, and he was free to admit that
same of the representations he had made had been at-
tendel with success; but, •if so, he charged them so
much the more with inconsistency in first having had
those magistrates dismissed, and then with restoring
them to office ; for those reappointments must either have
been by favour, or they must have been made originally with-
out any regard to fitness. But the fact was that the lists
were made out in such haste that they sent to the county of
Down the names of two persons who were dead.--( Hear,
hear.) With respect to one of the principles set forth in the
letter of the Noble Marquis (of Normanby) he must confess
that Clergymen were not the most proper to be put in commis-
sion of the peace, but in such a country as Ireletid there was
a great deal of difference in appointing them for the fist time,
and in putting them out of appointment after they had served-
long and well in that capacity. It appeared that of the
number of Magistrates dismissed in the county Down, to which
county he should limit himself at present, twenty-four, he
believed, had been restored, and twelve (all Protestant Clergy-
men) remain dismissed. [The Noble Marquis here read a list
of Magistrates who had been omitted in the new commission
for the county of Down.] He should move for papers
connected with these transactions now, .and for a Select
Committee at a future day, to investigate the charges.
Indeed he should say that even the Gentlemen who -had
been re-appointed had been badly used at least. If the
Noble Marquis were on a sudden to be deprived of his new
and "blushing honours," without accusation or investigation,
would he feel quite satisfied if they were merely restored to
him without explanation or rpology ?_( Hear, hear.) The
case of Mr. Trevor Corry. of Newry, was, peihapeone of the
most illustrative of peculiar and undeserved hard hip. He
had been complained of by a man named P. M•Tier, who
failed to tubstentate the charges against him, and thereupon
Mr. Corry applied for leave to take copies of the depositions
and prosecute the man for re jury. After acme delay a com-
munication was made to Mr. Corry in answer to his request,
conveying a permission to inspect the depositions and take ex-
tracts. But here a doubt was started by his legal aisiser, that
these depesitions, not having been made in a Court of Justice,
or'in the prosecution of a suit, might not be considered es i
dence, under the statute, in a prosecution for perjury ; and un-
willing to undertake the trouble and expense of a prosecution un-
dersuch circumstances, Mr. Corry relinquished the intention of
instituting any further proceedings on this score against the
wretched tools of a party in Newry. The new Commission,
appointing Magistrates fel- Ireland, has been issued, and Mr.
Corry's name omitted, isithout any commueication to him. In
fact, the conduct of the Irish Government towards Mr. Corry
can be viewed in no other light than as •a
wanton exertion of
tyranny and injustice. Mr. Corry has been for about thirty-fire
years a Magistrate, and Captain in the Newry Yeomanry, of
which corps he was, for a great part of that time, in command.
The strongest case of partiality in the revision of the Magis-
trates of this county is to he found in the retaining in the
commission the name of John Lin: say, when so many re-
spectable men are left out. It was distinctly proved that this
person, in order to promote tithe agitation in this district, bad
forged many names to a memorial containing false charges
against the Rev. M. Sampson, and the proofs were laid before
the Chancellor. The Marquis of Downshire assisted in
the investigation, corresponded with Lord Plunket, and the
neighbouring Magistrates resolved not to sit with Mr. Lind-
say on the bench in future. He and his brother, both in the
linen trade, are Magistrates in a district where the chief
business of Petty Sessions arises out of disputes as to the
wages of the hand-loom weavers. Mr. Sampson has all the
documents of this affeir, if allowed to be investigated. If
Government would grant him the papers and a Select Cora-
-1 rnittee, he would prove this case. There were many othe s
which he would not go into at that late hour. He believed
that if the Noble Marquis had not had a certain influential in-
lividual behind to push him on, we should not have had him so
:one to misgovern us. _( Hear, and laughter.) The meat un-
fortunate day for Ireland was that on which the Noble Mar-
quis had be: appointed to offr2e by that individual, and the
happiest, doubtless, would be that on which he should be re-
called....( Hear, and laughter.)
The Marquis of NORM ANB y would make no objection to