The Sun.
London, England, 1838-01-11 00:00:00

THE SUN. LONDON, THVR

STA'FE OF CANADA.

(From the Scotsman.)
We propose to devote this and corn* additional papers to a
miscellaneous collection of facts and general views respecting
the condition of Lower Canada. Ws shall have occasion to
speak of its political organization more in detail afterwards, .
but in the meantime we premise the following outline. The
government is vested in-
1. A Governor appointed by the King.
1. An Executive Council, nominated by the Governor,
consisting of nine paid members, receiving 100/. per annum
each, with sometimes a few unpaid honorary members. It
corresponds to the Privy Council in England; its functions are
to advise the Governor, to audit the public accouats, ecc.
3. ♦ Legislative Council of members nominated by the
Crown for life, and meant to perform the office of a House of
Lords. The original number of members was is, but 13 new
ones were added in 183 Z and the Judges Trio had seats in it
(two in number, we believe) were withdrawn.
4. A House of Assembly, consisting of 88 members, chosen
for four years by the people. The Suffrage is not universal,
as a Contemporary states. The franchise belongs in the coun-
ties to those who hold land of the value of 405. (445. 3d.
currency) yearly; and in burghs or towns to 3/. proprietors,
and 101. tenants.
In 1831, the population of Lower Canada was 509,000.
The French inhabitants were then to the English, according
to Sir George Grey, as four to one ; in 1836, he thinks they
were not more than as three to one, owing to the largo rein-
forcements which the latter received from emigration. Yet,
at the last general election, " the British Protestant and mer-
cantile interest could not return one member out of eight for
the cities of Quebec and Montreal ; and the British party in
the divisions of the House of Assembly, has not numbered
more than Bto 11 votes out of 88." This arises from the Bri-
tish settlers being so distributed among the French thaVhey
are almost always a minority, and are opposed to a maYbirity
firmly united in opinions and interests. In the six years since
1831 the population must have increased by procreation about
92,000, and adding 110,000 for emigration, the whole popula-
tion will now be about 650,000. The Protestants were to the
Catholics in 1831 as eleven to forty : but some of the latter
store Irish. This is the statement of Mr. J. D. Gibb, a
member of the House of Assembly. There arc no direct

taxes, except on licences for retailing spirits. The revenue,
arising chiefly from the duties of customs, yielded 206,0001.
in 1835, and 182,0001. in 1836. The average is 194,0001.
But, adding about 6,000/. for sales of land and licences to cut
timber, the whole amounts to 200,0001. gross receipts, and in
currency ; equal to 170,0001. in British money. The taxes
paid by the Canadians, therefore, amount only to ss. 3d. per
head, which does not amount to one-tenth part of the sum
taken from the pockets of their fellow-subjects in Britain,
and is even less by one-half than what is paid by the Republi-
cans in their mighbourhood. Of these taxes, too, a port
comes back to them ; for the Civil Government does not ab-
sorb one-half, and the residue is applied to the support of
schools, and to other purposes for which a local tax would have
been more appropriate.
The Canadians are so happy as not to pay for their own de-
fence. Britain sustains that charge herself, and expends on
it about a quarter of a million annually. In 1832 it was
208,0001. (for both Canadas), and must be more now. Her
generosity, indeed, goes much farther. She has disbursed
about two millions, we believe, within the last twelve years, on
public works, chiefly on the Rideau and Welland canals ; and
if she compels the colonists to pay a monopoly price for West
India sugar, she more than indemnifies them by the million
sterling she throws into their lap by the bounty uu the con-
sumption of Caeadian timber.
Perhaps no colony in the world was ever so lightly taxed,
or so liberally treated, in what regards its material interests.
Yet Burke's maxim, that " rebellions are always provoked"
holds true in the case of Canada. We iedulged the French
population with their own laws aid customs, taxed ourselroo
that we might spare their pockets, and conferred legislative
privileges upon them to which they could never have aspired
under their native rulers. J3ut we wounded their self-love ;
and while we gave them a per which could only be safely
lodged in a well-affected population, we galled them by out-
ward marks of inferiority. While lye-sixths of the people
were French, five-sixths of all offices of trust, power, and
emolument were in the hands of Englishmen. The Legisla-
tive Council, whose proper once was to reconsider and amend
the acts of the popular body, beeante a mere engine for coun-
teracting the people's wishes, and upholding English or rather
Tory supremacy. All this is in substance admitted by the
Ceatmiesioners in their Reports. Since 1828, a more con-
cliatory policy has been pursued ; but it came too late, and
was on too limited • scale to remere the alienation which the
unwise proceedings of previous years had generated.
_ _

The d mantis of the Assembly are-
1. The introduction of popular election into the Legislative
Council.
2. Tne direct responsibility of the Executive Council.
They mean by this, that the Executive Council should be put
upon the footing of the Cabinet Council or Administration in
Britain ; that it should be compcsed of men who have the
confidence of the ascendant party in the Representative Cham-
ber, and changed as often as the ascendancy passes from one
pirty to another.
3. The immediate cession to the House of Assembly of the
whole public revenues of the province, from whatever source
derived, without any preliminary stipulation for a Civil List,
or even for the continuance of a few life charges created on
the hereditary portion of those revenues, befeoe the cession
of his fVlajesty'i right to them was contemplated by Govern-
ment.

4. The repeal of the " Tenures Act" (G Geo IV., c. 59),
and the Act of 1834, incorporating a Company to hold lands
in Canada.
5. The surrender of the waste lands now in the hands of
the Crown, to the controul of the Legisla.ure.

•
ACCIDENT IN THE FROsT.—Yesterday morning,
between nine and ten o'c:ock, a liidv named iless,'lman, who
resides in Upper Islington terrace, 'Pentonville, fell down on
the toot yavenient nearly opposite to her own residence, owing
to stepping on a slide made on the frozen snow, and such was
the violence with which she fell, that both bones of the right
about two inches above the uncle, were broken, and Pro-
t used through the flesh.

The Post Ampt Gazette of Frankfort gives a letter
from Cologne, dated the 25th ult.. stating that a young man
o:that city, only 20 years of age, having written and pubtish,d
a pastoral letter in the name of tie Archbishop, which had
b.,en lately put in circulation, overcome with dread of being
discovered, had thrown himself into the Rhine, and been
drowned.

DEPRAVITY.—WiIIiam Carpenter was indicted for
stealing- a sow pig, the property of Edmund Cook, at Twin-
stead. The principal witness in this case was a lad, 14 years
old, son of the prisiner. It appeared that whilst before the
Nlagistrates and the Grand Jury, he stated that the sow was
in the road on Christmas day, when his father told him to
drive it to Halsted and sell it ; that he did sell it, but that he
was apprehended before he returned home. On being exa-
mined in Court, this lad swore that he had not before stated
correctly, but said it was a stranger who desired him to sell
the pig, and who told him to bay it was his father. Persist-
ing in this story, the prisoner was acquitted, but the boy was
detained, and afterwards fully committed for trial, for stealing
the pig, ho being too young to be indicted for perjury.—
.Esser Herald.

•
Between twelve and one o'
clock Monday morning
the inhabitants of High-street, Poplar, were alarmed by the
discovery of a fire in the shop of Mr. Seers, a general sales-
man. The family rushed to the second floor windows, when
they were recommended to await the arrival of the parish
ladders, which were, together with two excellent parish
engines, promptly brought to the sp©t by the engineer end a
party of police constables, and thus fortunately the family es-
caped, and were afforded shelter in the houses of their neigk-
bours, having at the time no other covering than their night
clothes. Information of the ire soon reached the town engine
stations, and by one o'clock, two of the brigade from Jeffreys
and Wellclose-squares reached the spot, when they were in-
stantly well supplied with water and got into operation, but
notwithstanding this assistance, and every exertion of the ire-
men, the whole of the stock and building belonging to Mr.
Seers was completely consumed. The loos will fall on the
Phmnix and Sun fire-offices. The policemen of Poplar are
entitled to the highest praise for their prompt attendance and
praiseworthy exertions. The origin of the calamity is at pre-
sent unknown.

We have much pleasure in stating that the Rev.
\Y. Carus Wilson, adopting the suggestion in our last week's
paper, has come forward publicly to express his rtgret at
having, in his letter to the Poor Law Commissioners, charged
the Kendal Board of Guardians with " wanton cruelty," and
disclaiming, in the most explicit manner, any intention to
charge them with having starved to death any person whatso-
ever.—Lancaster Guardian.

POOR LAW.—On Monday last a meeting, con-
vened by public advertisement, was held in a temporary erec-
tion, at the Shakspeare Inn, Bury, for the purpose of peti-
tioning Parliament for a repeal of the Poor Law Amendment
Act. Mr. Daniel Bentley, in the Chair. The meeting was
addressed by Mr. Fletcher, surgeon, of Bury ; Mr. Thomas
Bird, of Bury ' • Mr. Richard Walker, of Radcliffe ; Mr.
Richardson, of Manchester ; Mr. Mills, of Oldham, and se-
veral other gentlemen. Resolutions, strongly condemnatory
of the New Poor Laws, and to petition Parliament for their
repeal, were unanimously passed.
wswte he
t
In consequence of the late heavy rains the flood in
the river Derwent has been greater than was ever remem-
bered. On Thursday last the waters rose so high, and
two rushed
wooden with
bridges
suchidg
esopposite
impetuosity
the down
Highthe
Torstream, were
that
swept
away, the wreck being carried as far as Belper.—Stafford-
shire Examiner.

BURCOTT MURDER.—The deceased gentleman,
Mr. Adams, has left two sons and nine daughters to deplore
his loss. On William Adams, the murderer of his father,
being searched at the county gaol, after being fully committed
for trial, he was found to have concealed about his person a
small but strong cord, evidently for the purpose of self-de-
struction. The prisoner seeraed much mortified at having
the cord taken from him.—Aylesbury News.
DOGS v. HORSES.—The following curious chal-
lenge appears among the advertisements in the Vork Stand-
ard of the Ist instant :—" I will hack, for 200 sovereigns,
hounds from my own kennel running a drag scent, to beat any
horse carrying 10st., four miles over a fair sporting country;
and mind you, by beating I do not mean a head or a length,
but that the hounds shall be at the finish 240 yards before the
horse, or, in plain words, the hounds shall distance the horses.
My money is lodged in the Provincial Bank, Cork, where it
shall lie fourteen days, to be covered, and whore the challenger's
name and address will be learned on that being done,"

POLICE INTELLIGENCE.

BO TV- S TR EE T.

Arthur Battersby, alias Henry Napier Disney, late a Captain
in the British Legion, in the service of the Queen of Spain,
and formerly belonging to the Ist regiment of Life Guards,
was yesterday brought before Sir F. Roc, for re-examination
on a charge of bigamy. Mr. Bodkin appeared on behalf of
the prosecution, and Mr. Flower attended as the prisoner's soli-
citor.
Mr. John Charles Stovin, brother to the secoid wife, pro-
duced a certified copy of an entry made in the parochial regis-
ter of marriages celebrated at Welsborne, in Warwickshire,
by which it appeared that, on the 15th of June, 1826, the
prisoner was married, in the name of Arthur Battersby, to
Ann Muckelstone, of that parish. This certificate was signed
by Lord George Paulett, the present Vicar of the parish ;
and the witness proved that he compared it with the register
himself.
Mr. BODKIN—In 1826 were you in the service of the Rev.
Mr. Muckelstone, at Teignrnouth, in Devonshire? Witness
—I was, and am in his service still.
In that year was he residing in the parish of Welsborne,
in Warwickshire ?-11e was, Sir.
Had he at the time mentioned, and has he still, a daughter
named Ann 7—Yes, Sir.
Look now at the prisoner, and say if you recollect him?—l
do perfectly well.
Did he, in 1826, address Miss Ann Muckelstone, your mas-
ter's daughter, as a suitor ?—He did, Sir.
Aid was he not married to her in that year ?—Yes, to the
best of my belief he was.
Sir F. Roe—Then this witness was not present at the mar-

riage ?
Mr. Bodkin—He saw the parties leave Dr. Muckelstone's
house in a carriage on the morning of the marriage, and ac-
companied them to the church, and saw them at the altar.

Sir F. ROE-Go on.
Mr. Bodkin (to the witness)—Did you see the marriage ce-
remony performed at Welsborne Church? Witness—l did.
After the marriage did the prisoner and the lady live to-
gether as man and wife ?—They did until the separation took
place.
What name did the prisoner go by ?—He went at that time
by the name of Arthur Battersby.
How long did they live together after they were married ?
—They left for London on the morning of the marriage, and,
I believe, they lived there for about five weeks.
When did you last sue Mrs. Battersby ?—1 saw her on Mon-
day last at her father's house.
How long has she been living under her father's roof ?—She
has been living with her father ei,er since, about five weeks
after the marriage, which will be twelve years in June next.
Mr. Flower—Have not the parties been divorced? Wit-
ness—A separation, or something of that sort, took place
between them.

Mr. Stovin was again called forward.
Sir F. Rox-1s your sister here? Mr. Stovin—No, sir,
she is not.

Mr. Bodkin—l hare no hesitation in saying that this busi-
ness has had such an effect upon the young lady as to render
her attendance here impossible.
Mr. Flower—lt is most desirable, on the part of the pri-
soner, that she should he here, because I am given to under-
stand that she is wholly averse to this proceeding. At least,
so I have been told. •

Mr. Bodkin—l dare say you hare been told so, but we can
prove the contrary, and further, that she is quite unfit to at-
tend. How, Mr. Stovin, can you account for the absence of
your sister? Mr. Stovin—l can ; for I know that her state of
mind is such as to unfit her to appear as a witness here. Tho
mere mention of the transaction, or the name of the prisoner,
throws her into fits.

Mr. Bodkin—Do you know if she is averse to this proceed-
jog? Mr. Stovin—l belive she is not.
A young lady, named Drummond, on the 14th of last
August, witnessed the marriage of the prisoner in Burleigh-
street Chapel, Strand, with Mary Ann Stovin. She was a
subscribing witness to the ceremony.
Mr. Bodkin—By what name was the prisoner married on
that occasion? Witness---He was married in the name of
Henry Napier Disney.
Mr. Bodkin--Did you know them to be living together as
man and wife after that marriage? Witness—Yes; they lived
in Dudley-grove.
Mr. Stovin was then recalled.
Is your sister entitled to any property ?—She is.
And is she not a ward in Chancery ?—She was at the time
of the marriage.
Mr. Flower—When did she cease to be a ward in Chancery ?
Mr. Stovin—On the 13th of November last.
Mr. Bodkin—That is my case.
Sir F. Roa—Well, Mr. Flower, what have you to say ?
Mr. Flower—lt certainly appears from the evidence that this
man has
o
marriedfihelotn7
separation wives; bu to
of the
p
shouldri s
ohroi
epre
andthat,the
ladycon-
sequence
i
who was his first wife, together with the fact of the divorce,
that you will at least admit him to bail.
Sir F. RoE—No ; I do not think I should be justified in
doing so under the circumstances of the case ; and as you have
mentioned bail, I am bound to say, without in the slightest
degree desiring to prejudice the prisoner, that an application
has been made to me, claiming him as a deserter from the Ist
Regiment of Life Guards ; but, as it is my intention to com-
mit him for trial upon the charge, I shall write to the com-
manding officer at Windsor, stating the fact of his being sent
for trial on a criminal charge.
A gentleman who was on the bench, and who was under-
stood to be attendance from the Court of Chancery, here said
that the prisoner was ordered to attend before the Lord Chan-
cellor on the following day.
Mr. Flower—Well, but how is the poor man to attend every
where ?—( Laughter. )
Sir F. Ron—lf the Lord Chancellor requires his atten-
dance, I suppose he must be removed by habeas corpus.
The witnesses were then bound over to appear before the
Grand Jury at the next session of the Central Criminal
Court, to give evidence against the prisoner on the charge
of bigamy ; and in the mean time he was fully committed to
Newgate.
As soon as lie was removed from the bar to the cell at the
rear of the office, he was visited by three gentlemen, two of
whom served him with citations from the Ecclesiastical and
Prerogative Courts ; and the third, who was the gentleman
already mentioned, placed in his hands an order signed by the
Lord Chancellor, directing hint to appear before his Lordship
to-morrow (this day), to answer for the contempthe committed
in marrving a Ward in Chancery without the consent and ap-
proval of the C)urt.
The prisoner, who is a very fine-looking man, is said to have
acted with great bravery in fighting against the Carlists in a
battle which took place hear St. Sebastian, when he lost his
right arm. The Rev. Mr. Muckelstone, the father of his first
wife, is described as a gentleman of very large fortune, hav-
ing only a son and daughter to whom his property will de-
volve. The prisoner was a great favourite with the family
until a circumstance occurred soon after the marriage, which
compelled his wife to apply to the ecclesiastical court for a
separation, which was granted a niensa et thoro, but the pro-
ceeding was not followed up in the Holm of Lords. The
fortune of Miss Stovin is said to be considerable.
The prisoner was attended by a servant in livery, who was
locked up in the cell with his mister, and subsequently accom-
panied hire to Newgate.
At the commencement of the proceedings, when the pri-
soner was asked his name, he answered Henry Napier Disney.

STATE OP TRADE.—There was no change in the
market yesterday, as compared with the preceding week. The
flatness usually consequent upon the Christmas holidays
still continued ; and though there were many inquiries, very
little business was done. It was stated that in some eases
rather lower prices 'were accepted for some descriptions of
yarn, and for power-loom cloth ; but we believe that instances
of this kind were exceedingly rare, and they certainly did not
represent the general feeling in the market.—Manchester
Guardian.

Yesterday, at Bow-street, Henry Napier Disney,
who was brought up on the t.'4th ult., on a charge of bigamy,
was fully committed for trial. Mr. John Charles Stovin,
brother to the lady last married to the prisoner, produced an
extract from the parish register of Wellborne, in Warwick-
shire, proving that the prisoner (under the name of Battersby)
was married in the year 1826 to a daughter of Dr. Muckle-
stone.
Owing to the heavy rains and tremendous storm
which took place on Wednesday night and Thursday morning
last, the river Don, in many places, has completely overflowed
its banks, and the fields and meadows in various directions are
one sheet of water. This circumstance has, of course, stepped
tke navigation, and the vessels at Docken-hill and elsewhere
are completely water-bound.—Doncaster Chronicle.
Yesterday morning, between nine and ten o'clock,
a lady named Hesselman, residing in Upper Islington-terrace,
Pentonville, fell down on the foot pavement nearly opposite
to her own residence, by stepping on a slide made on the
frozen
h wasthe
le leg, ioalbeonucte
twwiothinwohheicshabsohvee fell,the
that
both
bones a
n d u o
fs
tci
right
encle, were broken. The unfortunate lady is sixty-three
years of age.
snow;
SEALS.—Cupid, under various circumstances, is
pressed into the service of many seals. I have seen him riding
on a lion, fancifully interpreting the power of love over valour
and strength ; carried pick-a-back by the devil, the splenetic
motto being, " Ls diabk emport l'amour :" playing at football
with the Prince of Darkness, their globulus being a world—the
motto, "Entre nous :" he is also made a waterman, and forced
to try an oar for the convenience of old Father Time : again,
he is a fisherman, and exultingly tells you, " J'attrape says
et Pons ;" a blacksmith hammering on an anvil, and forging
chains ; or a link-boy dispensing light around, whilst he him-
self continues blind. An ingenious friend of mine, who would
fain be considered a perfect Gayferos in love, has, to that end,
adopted for his motto, " Constant to the last." If (as it may be)
he means in this to leave a loop-hole through which to let his
conscience glide, be deserves whipping; if as a serious conr
fession of faith, he can hardly receive too much praise.—
Bentley's Miscellany.
Some Poles in Paris, it seems, have played off a
cruel hoax upon Dr. Wolowski, one of the personages who
made so distinguished a figure in a late law suit, in which the
Duke of Hamilton a.nd the Earl of Lincoln were concerned.
Dr. Wolowski is of a family that embraced Christianity for
the purpose of being admissible to certain civic rights, from
which the Jews are excluded in Poland. This class of con-
verts are extremely unpopular among all Poles, whether
Christians or Jews. Immediately after the late decision by
which the two doctors were condemned to receive the very
liberal remuneration offered them by the Earl of Lincoln,
some' Poles inserted paragraphs in the Paris papers, stating
that the doctors had distributed the money adjudged to them
among their Jewish co-religionaries in the French capital.
There appears to be no foundation for the munificence so gra-
tuitously attributed to these medical gentlemen.