The Sun.
London, England, 1841-03-05 00:00:00

THE SUN, LONDON'. PR/DAY, MARCH. 5, 1841.

LAW INTELLIG,ENCE.

VICE-CIIANCELLOR'S COURT, MARCH 4.

WOODCROFT AND OTHERS V. RAYNER AND OTHERS.

This case came before the Court upon motion for a
spc, -I iajunctio❑ to iestain the Oe'endants from infringing
a patent obtained by the plaintiff's who are weavers in
Manchester, for an improvement in that part cf a weaving
machine which is called the tuppct. By the system gene-
rally in work before the invention of the plaintiffs, the
tupfets were obliged to be changed every time a different
pattern was to be wove, but that inconvenience was re-
medied by the patented invention of the plaintiffs. The
defendants asserted that the invention was not new, and
that it had been in use for three years befure the plaintiffs
obtained their patent.

Mr. K. I3RucE and Mr. ROTCH, appeared on behalf of
the plaintiffs; and Mr. WIGRAM, Mr. BETIIELL, and Mr.
SULLIN SIIARPE, were Counml for the defendat,t._ _

The ergunients, which occupied the whole of the day,
were not concluded when the Court roge.

CENTRAL CRIMINAL COURT.

(OLD COURT.)
(Before Lord Chief Justice TINDAL arid Mr. Justice
WILLIAMS. )
LOSS OF THE DRYAD.

(Continued from The Sun of Yesterday. )
Benjamin Shultz --I was carpenter on board the Dryad in
1839. I arrived about 17 days ago in England from the coast
of Africa. I was engaged by Captain Loose for the Dryad.
She was poorly found in point of provisions, and in point of
spars and gear generally. The Captain told me to keep the
long-boat always in good order, so as to be ready for sea at
once. I always kept two tools in the boat by the Captain's
orders. I was at the wheel when she hove in sight of Anna
Guarda. I saw breakers, and called Maxwell. He ordered
me to put the ship about, and then he went to the Captain. I
put her head round ; before that she was going right towards
them. The Captain came on deck, and cursed me, and asked
me who gave me orders to put the ship about. He pushed me
away, hove the helm up again, and brought her head towards
the reef again. I told the Captain I took the orders myself,
and that 1 was not going to run the ship upon the reef in
broad daylight. The crew then came all aft upon the quarter-
deck, and inquired of the Captain what he had a mind to do.
He went to the cabin ; I went to the helm, and the crew braced
the yards that I might put the helm down again. She went
away, and cleared the rock very closely. If she was two
minutes longer she would have gone fast on the rocks. Two
days after we saw the Silver Keys. I told the mate, who
called the Captain. The Captain said he could not see the
breakers or rock ; they were plain enough to be seen. The
man on the foreyard shouted out. The Captain was
on deck. About five minutes after the man shouted the
vessel struck. The Captain was very frightened at the time,
and was shouting out, " What shall we do lads? we are lost."
The long-boat was lying in the gripes of the ship, and the
jolly-boat in her. Nothing was done to get the boats out.
The rudder unshipped when we struck. The captain went
below. I made a jury rudder. The night before we made
St. Domingo, the strap of the jury rudder gave way. phis
was about eight or nine days after we had made it. When
the strap came off the captain's life-preserver was on deck.
The crew told him if he put that on they would cut it all to
pieces. We were then about five miles from Cape Hayti,
close to the shore. There was no reason for keeping so close.
The night before the gun was fired we kept out to sea. I
saw the breakers of the reef. We were about five miles from
the breakers when the gun was fired, steering right on
them. The ship's course was not altered on the
gun being fired. The night before myself and the
second mato had been called by the Captain. He asked
us what we had a mind to do with the ship, as we had no
rudder to her. He thought the best way would be to keep
her to the rocks. We said we could not do that. We thought
the best way would be to keep her off the rocks, and stand out
to sea for the night, and make Cape Hayti in the morning.
We had not signalled for a pilot when we saw the Ben-
coolen. When the pilot boarded us, he hailed, and asked us
where we were going with the ship.. Our course was not
altered until the pilot altered it. The breakers were plain to
be seen from the time of the gun firing. The wind was very
free for us to keep off the rock. We remained in Cape Hayti
Harbour nine or twelve days. Many complaints were made
by myself and the crew to the Captain when we came into har-
bour. I made an effort to leave the ship there, but the Captain
would not allow me. The Dryad left Cape Hayti on the sth
November. I know the reef off Cape Cruz. She struck on
it on the 10th. About ten minutes before striking on the reef,
we struck on a small lump of rock. We had seen the reef all
the day before very plain. The ship's course was not altered
at all to avoid it. We struck in the night. We were acting
by the orders of the Captain himself when we struck. The
Captain was on deck all night. It was about half-past two
when we struck. The Captain was never on deck another
night before but that night. He was on deck when she struck.
Simpson was at the helm. The Captain told him to let go
the wheel and run away, as he might be wanted. No orders
were given. No attempt was made to get her off. 1 sounded
the pump nearly half an hour, and she made no water. She
might have been got off easily. One of the pumps was choked ;
I told Captain Loose of it at Livei pool, but nothing was done
to it. The crew were on deck when she struck doing nothing.
The Captain went into the cabin—he gave no orders to the
crew. She might have been got off. The sails were all hoisted
up, and no orders were given to get a sail in. The
crew were willing to work if they had been directed.
If an anchor had been heaved out and the sails doused
she might have been got off. About ten o'clock that morning
some Spaniards came on board in a canoe ; we were then hard
and fast. The Captain asked the Spaniards if there was not a
town close in? They said, " Yes ; thirty miles over the
mountain." They said there was an English Consul there.
The Captain then went ashore in the canoe, and stayed ashore
until four o'clock. On his return he took our boat and four
men, and went ashore again. He told us he had gone to the
Spaniard's house. I and Harry Simpson were left on board.
The ship had not made any water up to that time. There
was another boat on board, and we tried her; we sailed round
the ship. Close to the stern we saw a cigar box at the bottom,
with an iron bolt close to it ; it was near the cabin window.
fhe water was very clear in those seas. The cigar box had
four or five letters in it. There were some leaves of a log-book
in the box. When Loose came back next day he had some
conversation with the crew. We finally left the ship next day
about five o'clock, in the long boat, and went to Fal-
mouth, Jamaica, where the protest was made. We left the
jolly boat on board. Simpson kept the papers we found in the
cigar box. He afterwards produced them to the Captain.
Captain Loose snapped them away from Simpson in Jamaica
and gave him 51. to get them—that was at Falmouth. After I
came on board on the Ist of September I do not know of any
goods coming on board. If goods had taken a day or a day and
a half in shipping I mus have seen them. I saw none attempted
to be :hipped from the water side. None of the crew or Cap-
ta'm attempted to go back to the vessel from Falmonth. The
Captain went to Montego Bay. From the time the crew left her
she was abandoned by the Captain. Before we went to Fahnouth
we found a hole cut through her by her stern, big enough for me
to put my shoulder through. No rock could have made it.
About 12 o'clock the Captain asked me if I had sounded her.
I said yes, and that she was tight. The next evening I saw
the hole. The weather was calm the whole time we were on
the rocks. When I found the hole I sounded her, and found
five feet water in the hold. After I found the hole she could
not have got off. We left for Falmouth the day after I foiled
the hole. I first saw the hole from the inner part of the ves-
sel. The Captain's state-room was locked. It was near the
state-room. The Captain saw the hole plainly. He was in
the cabin where it was. From the time we were on the Silver
Keys the crew kept their clothes in bags, ready to save them,
as we always kept close in to the shore, among the rocks and
reefs.
C. oss-examined by Mr. PHILLIPS—I gave my evidence to
the Solicitors for the prosecution about seventeen days ago, on
my ,rival in England. The Captain never asked my opinion
as ta steering the vessel but once. I think the vessel was cast
am jon purpose. I have said she was cast away accidentally.
Ih ye sworn she was cast away accidentally.—( The protest of
the Captain and crew sworn to at Falmouth, Jamaica, relating
tot te casting away of the Dryad, was here put in and read.)
l:e.examined by Mr. CLARKSON—I signed the protest
which I was sworn to. We had nothing to eat. We had no
wades. The Captain promised us our wages if we would sign
it, and we signed it to get our wages. 1 refused to sign it
once. There was about four pounds and some shillings wages
due to me. I signed it at Falmouth. I was at a house where
the Captain was. We asked him for our wages. He pro-
mised as soon as we had signed he would give us our wages.
When we had signed he did not give us the wages, he would
not pay them. It was after the protest had been signed that
he was told about the cigar-box. Simpson told him if he did
not pay us our wages we had something that would put him in
irons. 'fhe Captain laughed and said he should like to see what
it was. The Captain sent for Simpson the next morning. I saw
Simpson go to him, and when he came out he had four one-
pound notes. I never saw the letters after. The Captain
told me if I signed the protest he would pay me my wages and
find me in grub until I had a ship. When I had signed it he
refused me my wages, and told me I might go about my busi-
ness. He gave me a note to Mr. Wallace, the owner.
By the JUDGE—The notes were Jamaica notes, twelve shil-
lings to a pound.
Captain Fike, of the Bencoolen, recalled—A ship sailing
from England to Santa Crus customarily goes on the south
side of St. Domingo. The course laid down in the chart as
the tract of the Dryad is decidedly a wrong one. She ought
not to have got on the Silver Bank. It is laid down in all
charts, and is well known. lam not aware of any fair purpose
of navigation which could bring her in so close upon the shore
of St. Domingo. The reef on which the Dryad was lost is
plainly laid down in the charts and might easily have been
avoided.
Cross-examined by Mr. DOANE—The state of the rudder of
the Dryad, when off Cape Hayti, would tend to render her less
manageable. I have gone the north passage by St. Domino.g
I never went to Cape Cruz. The main hatchway of the
Dryad was closed when I saw her at Cape Hayti. The Silver
Keys would be about sixty miles from land.
Re-examined—l believe there was nothing in the state of
her rudder to prevent her being brought round, when I fired
the signal.
William Norman Frost—l saw the prisoner Patrick
Wallace in the Compter, after he was in custody on this
charge. I had some conversation with him. I expressed
my sorrow to find him in such a place. He declared him-
self to be an innocent man, but said his brother was a Lig
scoundrel, and that ho was only acting as agent, and that
he knew nothing but what the goods were shipped that
were supposed to be shipped.
Cross-examined by Mr. PHILLIP3—Up to that period I

had a high opinion of him.
John Roe—l am a police officer. I took the prisoner
into custody on the 27th November at the Jerusalem Coffe:-
house. He was inquirel for, and the clerk of the room
called him ; he came to the door, and I said, I must
trouble you to come cut of the room, if you please? When
he came out, I said, do you know a person named S!ott?
He said, I do. I said, Did you insure goods on bca•d the
Dryad? He said, I did. I said, You must consider your-
self in my custody. He said, It's all right ; you may
depend upon it. I took him to the Mansion-house, and
searched him, and fund a bunch of keys on him. He was
examined and remanded. On the way to the Compter
he said, Ali t Mr. Roe, you ought to go after my brother ;
he is the most guilty party ia this matter, and
that you will find. You will find the policies
are signed " Michael," and not " Patrick," ex-
cept in the Maritime, where I acted under his instructions ?
I then went to his lodgings, 40, Windsor-terrace, and
found some papers, which I afterwards gave to the first
witness. I apprehended Michael Wallace on the 17th
December. The book produced is one I found at
the prisoner's lodgings. I apprehended Michael Wallace
at a place called Pothouses, Lancaster. It is a poor cot-
tage in the outskirts of Lancaster. I had been looking
after him before, but could not find him. It is close to the
sea where I found him. I saw the sisters of the prisoner,
and the wife of Michael, in custody afterwards.
Henry Cotton—l am a clerk in the London and West-
minster Bank. Patrick Wallace, the prisoner, had an
account there in January, 1840. On the 22d of January
there was paid into his account the cheque produced for
1,0122, from the Maritime. On the sth of February the
cheque produced from the Alliance for 715/. was also

pkid into his account. They would make 1,70/. His
account was credited with interest, so as to make it up
1:731/.' 6t. Bd. On the sth of February
back, and on the Bth of February 950/. was drawn out.
1 he witseis then proceeded to detail the state of Patrick
Well ice's banking a,count up to the 26th of NlarA, 1840,
who,: Ow balance 1,430/. vtai drawn out. It appeared that
on the Bth 200/. Bank of En
February a 5/. was paid
gland note had
been raid by the Bank in part payment of the 250!., and
that the balance, 26th March, had been paid in one 1,000/.
note, two 2001. notes, and a 30/. note.
Cross-examined—Patrick Wallace had been a depositor
in the Batik about a year before.
John Saunders-_I atn in the London Joint-stock Bank.
In January, 1840, Miehael 'Wallace had a deposit account
thin.. This witness proved that on the Bth February,
the day t'.e account was opened, the 2001. note which had
been pni 1 by the London and Westminster Bank to Pa-
trick Wallace was deposited in the London Bank by
Wallace.

Jain Kempster, a elcrk in the Bank of England, pro-
duced the note for 1,000/., the two for 200/., and the 30/.
note, which had been paid by the London and Westminster
B.thk to Patrick Walla: e. They had been brought into
the Bank on 26th Match, 1840, in the name of Wallize,
and had been exchanged for sovereigns. Ti.e examiaa-
.ioa of ais witness being concluded,
The Court adjourned for refreshment at tmenty minutes
to th ee o'clock.

On the re-assembling of the Court at three o'clock, the
prosecutor callei—
Mr. %V Main Herbert Mullins--I am a stock-broker.
I know the prisoner. On the 27th of March, IMO, I
put chased 1,100/. of Stock for hi-n
—he paid for it all in
sovereigns. It was transferred to tl:e name of Catherine
Wa' lace.

Mr. Cotton recalled—Stated that in February, 1840,
Michael Wallace had also an account with the Lcndon and
Westminster Bank. The cheque produced for 5001.
(the Neptune cheque) was paid into the credit of
his account on the Ist of February, 1840. He
had at that day standing to his credit before, 1.0651.
The witness then explained the state of Michael
Wallace's banking account, from which it appeared
that be had to his credit in that bank in Feb. 1840, the
sum of 3,543/. 18s. 6d., and a balance of 3,455/. was
drawn cut on the 7th Feb., the day after the last of the
large sums ,had been paid in.
Mr. John Bryant Prieetman, clerk in the Bank of Smith,
Payne, and Smith, proved that 7th Feb. there was paid
into the Bank a sum of 3,4001. in the name of M. S. S.
Wallace. He had not kept an account there before.
This closed the case for the prosecution.
Benjamin Shultz recalled by Mr. PHILLIPS —There
was a seaman named Fitzpatrick on board. I have not
seen him lately. I have not seen him in London.
Captain Fike recalled by Mr. PHILLIPS-Maxwell
has been in London three or four times since the loss of
the Dryad.
Mr. C. PHILLIPS then addressed the Court for the pri-
soner, who had against him all the power of some of the
most wealthy Insurance offices in London, who had left no
stone unturned to procure his conviction. He, however,
trusted to the justice of the Jury for the acquittal to which
he contended he was fully entitled. He was accused of
counselling Captain Loose in casting away the Dryad
to defraud the Insurance Companies of the insurances ef-
fected on goods that were never put on board.
Now they must, to convict the prisoner, be convinced that
Captain Loose voluntarily and wilfully cast the ship away,
and then must see if there was sufficient evidence to con-
vince them that the goods were never on bcard, and then
they must be satisfied that there was evidence sufficient
to convince them that the prisoner, Patrick Wallace, had
effected those insurances, knowing that there were no goods
on board, and that the Captain was about wilfully to cast
away the ship. They were there to-day trying the dead,
who could not cross-examine his traducers. If this prece-
dent were followed, how did they know that, after having
passed through life respectably, some calumniator might not,
when they were in their graves, trump up a story to stamp
their corpse with the brand of felony ? Was it probable
that Loose would endanger his own life by casting the
ship away ? Although the papers of the prisoner had been
ransacked, there was nothing found among them to bring
the crime of which he was accused home to him. Now
although it had been represented that the long boat had
been fitted with tackles cff the ccast of Ireland, yet in the
extremity of the danger that precaution had been forgce-
ten, and the long boat was found without any tackle at all
in her and the jolly boat in her. The witnesses stated that
when the Captain saw the vessel running on the reef he
went down and went to bed. Was it probable, if he thought
there was danger, that he would have gone to bed?
He was represented as on ono occasion perfectly reckless,
and on another as so careful of himself, as to put on a life-
preserver. The crew were manifestly discontented, and
bad on one occasion threatened to cut it in pieces if he
put it on. And these were the inconsistencies on which
they were called on to convict the prisoners. Could they
believe that Maxwell, who was so drunk ashore, was so
sober at sea ? The gentleman meant to say he was certain
of a thing when be doubted it. He could fancy
what would have been the glance of the Attorney-
General, had that witness come from another country.
—( A laugh.) But now the Jury would know that when-
ever a Scotebman said that he doubted a thing, he
meant-he Was certain of it. That man came to the Court
last night in a state of intoxication, howling in his horrid
dialect—( A laugh)—in such a manner that he was obliged
to be taken off aid put into the station-house to get sober ;
and when there he saw men in blue coats and trousers,
perhaps a novelty to him-4 A laugh)—with white
numbers on their collars, and yet did not know they
were policemen. It was evident when Loose took
the helm from Shultz that it was only done in
anger, for lie gives it up a moment after and goes below.
Again at Cape Hayti was it likely he would wreck his
vessel in the face of the town of Hayti. And after a lapse
of five hours it came out that they had made a progress to-
wart:lithe reef of just one mile. The pilot would not take
charge of the ship unless the crew would promise to obey
his orders. Why was that? Because the ship was in
such dangerous state, and he sought that port in accord-
ance with the recommendation of Maxwell and Shultz.
What could the Captain have done that he had net done ?
It was attempted to be insinuated by Shultz that the vessel
was ill found. Did he know that Mr. Kelly had sworn that
be had examined the Dryad, and that she was perfectly sea-
worthy before he would trust his master's property on
board 2 Did he know that Mr. Howden had given evi-
dence that she was in a perfectly sea-worthy state, and had
every thing she ought to have bad on board. Could they
believe Shultz? It would be contemptible to waste time
in examining into such testimony as Shultz's, if the safety
of a human creature had not depended upon it. It was
strange that it should appear from the extract from the log
book in the protest that there was a signal for a pihit
flying when off Port Hayti, and that he should have asked
when he was interrupted bythe Attorney-General whether
Maxwell had ever said so before the Magistrate-.
Was it not extraordinary that if he intended to destroy the
ship, he should not have been glad to have accepted the
offer of the hostile witness Schultz at Hayti to leave the
ship ? Would men who thought their lives were in danger
sit down quietly when the ship struck, as represented by
Shultz? How was it that Maxwell, who had been in
London five or six times, bad not uttered one word about
all this until now ; and why had he come forward at last ?
His Learned Friend had taken special care not to ask him
that. Why did he not ask the Captain o the Port of
Hayti to prevent the Dryad putting to sea ? I
the prosecutors thought Maxwell a trustworthy per-
son, why did they require bail for his appearance ?
And it was on the testimony of such a man as that that it
was sought to brand with infamy and guilt a man who,
according to the testimony of the prosecutors, had borne a
high character up to the present hour. And they thought
to corroborate that evidence by the testimony of Mr.
Shultz, who, according to his own testimony, had sworn
to a falsehood for 4/. How much had be got for the oath
he had taken that day? Which of his oaths were
true ? He bad admitted that he had sworn falsely
for money ; and then, thank God, not with English,
but with foreign audacity, he asked a Jury of
Englishmen to convict a brother Englishman on
his unsupported testimony. He perjured himself, for-
sooth, because he was starving for food end money. He
got neither, and yet this starving man lived on. There
were attached to the protest the oaths of five other men,
besides the Captain, to the truth of his statement.
The ATTORNEY-GENERAL objected to the Counsel for
the defence alluding to the protest further than related to
Shultz, there was no proof that the others had signed it,
and be had put it in to give the defence the advantage of
commenting upon it as far as regarded Shultz.
Mr. PHILLIPS was procee ling to comment upon the
protest, when he was interrupted by
Lord Chief Justice Thme, who told him he must
confine his observations to Shultz.

Mr. PLllLt.rrs continued.—The Attorney-General, the
counsel for the praecution had put into the box a witness
who he knew had committed perjury. Judas betrayed his
master for money, and this fellow had sworn to false-
hood on the Gospel of that Master. 'Why had nothing been
said of all this at Falmouth, in Jama;ca ? They waited
until the captain was in his grave before th,y brought for-
ward this story of his guilt. Would not the Agent of
Lloyd's at Falmouth have taken care of them, and sent
them home to give evidence, if they had imparted such a
secret. HOW was it that nothing was said even when they
had been set at defiance by the captain. Had the captain
been on his trial could they have done otherwise than de-
clare him innocent. Never before had he known the ab-
sent tried where be had no means of defence•
away, there was
no evidence that the captain had cast away the ship.
Would it not have been as well to await the arrival of
Fitzpatrick, who
was expected every day to corroborate
Take the evidence of Shultz
the evidence of Shultz, but Fitzpatrick had also signed
the protest, and perhaps they were afraid it might look
like conspiracy. Without alluding to the case as fir a 3
related to the goods being or not being on board, he would
come to the question—was there evidence to prove that
Patrick Wallace was counselling and assisting to cast away
this vessel ? Even if they supposed that Micelaal Wallace,
which he by no means meant to say, was connected with
Loose in guilt, was there any evidence that Patrick Wallace
was connected with them? He never was shown to be in
Loose's company. He maintained it was very possible
that Michael Wallace in Liverpool might have persuaded
Patrick that these goods were on board the Dryad, and
that in that belief he may insurances
on them. He goes, not to a stranger, but to
Mr. Stott, who knows
Now, if he had been cognisant
him,
in his own name.-and effects them
of fraud he would have gone to some stranger, or have
effected the insurances in the name of a third person.
And how did he act when 201. per cent. of the insu-
rance was kept back—he threatens to go to law with
them for it. Was that like a guilty man ? And what
wss his conduct when Stott insinuated that the Dryad
might have been lost ? he threatens to kick him out of
the room. His whole conduct was indicative of inno-
cence. His account to Stott that he wished the commu-
nication to the Consul at Cuba to be confidential because
the goods bad been shipped without the knowledge of
Zulieta, was a most probable one. No document tending
to criminate him had been found among his papers. They
admitted Stott was an innocent agent, and what was
there to prove that Patrick was not an innocent

aget.t ? and tho after knowledge of a crime wouhi
not render him amenable to this indictment. The
guilt of th^ brother by no means involved the guilt of
Nteick. What was his exclam ition when he was taken ?
Thev have got the innocent, and let the guilty one escape ;
my rather is the guilty man. And Stott said that he
believed that Pat. iek was the dupe of his broths-. Why
were not l is sisters and Michael's wife put into the witress
box ? The prosecutors said from humanity. That hu-
manity had been outraged when they were torn
from their homes, and kept in conduement and is CM-
pease they kne.v how long. They had not been brought
forward, because their cross-examination might have cleared
the prisoner. The evidence of Frost, for which he was
obliged to tl-..e prosecutors, also went to show that
he was the dupe of his brother. He knew that every
means that money or malignity could make use of
had been used by these Insurance.offices against
this young man, and he should call witnesses to character,
undeterred by any tilt eat of cross-exarnina•ion. He could
not close tha case without thanking the Court for the
exclusion of much which ought hexer to have seen
the light, and which could only have been published for
the sake (.f blackening the young man, who, up to the
present time had maintained an excellent character.
The Learned Counsel then called

Mr. Wil!iam Carpenter, a draper, living in Great St.
Helens, who had known the prisoner six years, aid who
gave Lim a Ugh character.
Cross-examined —Knew the ship Jafrq-, commanded
by Michael Wallace. Did not know if Loose was mate.
Heard she was lost. Patrick Lever told him if he had
effected any insurance on her. Had heard she
was lost. Had heard Patrick mention tie Lucy.
He never told me whether he had effectnl insurances on
her. Had heard of the loss of the Lucy. Never had any
conversation with Patrick about it. Ncvor beard he had
any interest in the Lucy.
Re-examined by Mr. PHILLIPS—Did you hear of the
loss of the Governor Fenner ?—Ye,.r.

Mr. PHILLIPS—Did you hear if he had any goods in-
sured on board her ? Sir.—(A laugh.)
Mr. PHILLIPS I shall call no more witnesses.

Lord Chief Justice TINDAL they, summed up, and told
the Jury that they must be satisfied that Loose had wil-
fully cast away the ship ; but there was one point which
had been much urged by the counsel for the defence,
which seemed to him unfounded. It did not appear
from any evidence that Loose was dead ; and the ba-
lance of testimony west, he thought, to prove that he was
aLve. But still the law allowed that accessories might
be tried, whether the principal were brought to justice or
not. They must also be satisfied that the ship was cast
away fur the purpose of defrauding the insurers or
the part owners, and that the prisoner was aiding,
counseliirg, and advising- in that wicked act. With regard
to the casting away of the ship, they would have to consi-
der what credit they were inclined to give to the testi-
mony of Shultz, and to ace how far that evidence was
corroborated by circumstances. If they were satisfied on
that head, they would have to consider whether
the prisoner effected the insurances for his brother,
knowing there were no such goods on board at the time.
It was not absolutely necessary that it should be proved
that the prisoner had derived profit from the fraud; but if
it were shown that be had derived profit from the transac-
tion, it would be for them to consider how far such a cir-
cumstance might be supposed an inducement to him to
act in such a manner. His Lordship observed with re-
gard to the evidence: of Shultz, that they must look with
great jealousy at the evidence of a man who admitted that
he had on a former occasion taken a false oath. They
could not look for direct corroboration of his testimony,
but they were to consider how far the conduct and con-
versations of the prisoner, and the documentary evi-
dence, went to prove that unfair practices had been re-
sorted to by Captain Loose in conjunction with the prisoner.
The prisoner contended that the articles mentioned in the
policy were actually put on board. Now, if they had been
actually put on board, it appeared it might easily have been
proved ; and it did teem almost impossible that goods of
such bulk, and which would take several hours to put on
board, could have been loaded without some officer, or
some one is attendance on the ship, knowing something
about it. With regard to the bill of lading, one could
hardly suppose that a captain, with an honest intention,
would put his name to a bill of lading for goods that were
never un board, as he made himself liable to an action for
their safe delivery. Neither could it be imagined how
any person could effect insurances on goods which were
never on board a vessel with any honest intention. They were
to consider whether the prisoner was aware there were no
goods on board, or how far he may have put confidence
in the representations of his brother, and believed that
the goods were actually on board ; and they would con-
sider how far such a supposition was reconcileable with his
previous conversations on the subject. If they had any
doubts as to the three points to winch he had drawn their
attention, they would acquit the prisoner. If they bad
not they would find him guilty.
The Jury retired to consider of their verdict at five
minutes to seven.

The Jury returned into Court at twenty-five minutes
after eight o'clock, with a verdict of " Guilty."
The prisoner turned very pale, and there was a slight
agitation of his features perceptible when be heard the
%erdict. The Court deferred passing sentence, and the
prisoner was immediately removed from the bar.
On the application of Mr. BODKIN the Court fixed the
trial of Michael Shaw Stewart Wallace for ten o'clock
to-morrow morning.
The stock purchased by theWallaces, with the money re-
ceived from the Insurance Offices on account of the loss
of the Dryad, was sold out on the day that Patrick Wal-
lace was apprehended, and remitted to Scotland through
the British Linen Company, in whose hands it now re.
mains, the Insurance Companies having issued a distringas
to prevent their disposing of it. The evidence relating
to the notes and cheques was given to enable the insurers
to c'aim this money, in the event of their succeeding in
obtaining a conviction of the Wallaees.
In the course of the day, the Grand Jury returned a
true bill against Michael Shaw Stewart Wallace, as prin-
and against Patrick Maxwell Stewart Wallace, for
the wilful casting away of the ship Delta, with intent to
defraud the underwriters. The Delta was lost in 1837.
She was at that time commanded by Michael Shaw
Stewart Wallace, and Loose, afterwards commander of the
Dryad, was her mate.

NEW COURT.
(Before the CONIMON- SERGEANT.)
Robert Barker Fitzjohn, aged 23, was indicted for
stealing and secreting a letter, the property of her Ma-
jesty's Postmaster-General, he being employed as a letter-
carrier.

The prisoner was tried and convicted on Wednesday,
b fore Mr. Justice Williams, of stealing a letter contain-
ing money, which had been sent from Liverpool by Mrs.
Waylett, the actress, who was examined as a witness.
Mr. Shepherd and Mr. Adolphus conducted the prose-
cution, and Mr. Prendergast the defence of the prisoner.
Several witnesses were examined, and it appeared by
the evidence that the letti‘r was directed to a lady living in
the vicinity of the Edgeware-road, and never delivered.
That letter, with others, Ras found at the prisoner's
lodgirgs.
Mr. PRENDERGAST addressed the Jury, and called Seve-
ral respectable witnesses, who.gave the prisoner an excel-
lent character.

The Jury returned a verdict of guilty.
John Hannington, another postman, was then indicted
for a similar offence. On the application of Mr. Prender-
gast, be was allowed to retract his plea and confess himself
guilty.
The COMMON- SEttGEANT said he was not its the habit of
trying such cases, hence he would consult the Judges as to
the sentence. On his return he ordered the judgment
upon Hannington to stand respited, and sentenced Fitzjohn
to eight..en months' imprisonment and hard labour,first and
last week to be in solitary confinement. The punishment
would have been more severe but for the recommendation
of the Jury and in consideration of his youth.

APPROACHING MARRIAGES IN HIGH
'AFL—We understand from a source on which reliance
can be placed, that a marriage is on the tapir between
Viscount Jocelyn, eldest son of the Earl of Roden, and
Lady Fanny Cowper, youngest daughter of Viscountess
Palmerston. The nuptials of the Earl of Abingdon
and the lion. Miss Hardwick Ker, daughter of the
late Lord Mack Kerr and Countess of Antrim, and
cousin of the Marquis of Lothian, are to be solem-
nised on Thursday, the 11th instant The Noble Earl is in
his 57th year, and the fair fiancee will complete her 25th
year in June next. It is said the " match " is not wholly
approved of by the members of the Noble Earl's family.
The marriage of Sir Willoughby Wollaston Dixie, Bart.,
and Miss Lloyd, daughter of the Dowager Lady Trimles-
town, and Major-General Sir Evan Lloyd, is to take place
at the close of this or early in the ensuing month. The day
fixed fur the marriage of Lord Monteagle and Miss Marshall
has not transpired, his Lordship has taken the mansion of the
Right Hon. \Vin. Sturges Bourne, in Lower Brook-street,
as hi; residence after his marriage. It is currently re-
ported in the higher circles that a certain wealthy lady
has rejected the addresses of the eldest son of a Noble
Earl, and his Lordship has, within the last few days,
taken his departure for the " sunny clime," to brood
over his mauvais succes. . It is fully believed that a
distinguished Member of the Administration, at the close
ofl the season, will lead to the hymene,l altar, the fair
daughter of one of his colleagues. When announced
a few months back, the then rumour was denied,
as was said, from " authority ;" but numerous cases might
be mentioned, where such contradictions have gone for
notl.i; g. By the way it is rumoured that a marriage will
be brought about this season between the beautiful and
accomplished daughter of a Countess, In belle blonde of
Almack's, and the son of a Noble Prince. This, we ap-
prehend, is only a " matrimonial view," and should say,
at most, in perspective.
SCENERY OF ENGLISH AND FOREIGN SPAS.
—As to the contemplation of a beautiful country, in many
part: equal, and even superior to what one beholds near
some of the Spas abroad; or the view of interest-
ing objects, particularly those of human industry and
agriculture; or the display of country residences and
superb domains ; or the sight of neatness, comfort, and
order, in galeral prevaling among the country villages
and country towns :—in all these things, supposing them
to ac`, as there is no doubt thoy do, influentially and bene-
ficially on the invalid who journeys to his allotted Spa--
England affords them all to a degree that leaves no room
for envying those of continental nations.— Granville's
Spas of England.
MAYNOOTH.—The argument for the extinction
of this establishment, on which an Evening organ of the
Tories relies, is, that the students are not the sons of gen-
tlemen ; and that, in after life, having neither the habits
nor the feelings of gentlemen, they are necessarily ex-
cluded from good society, keep low company, and be-
come Chartists. Why, it i 3 a well-known fact, and is
the boast of Mr. O'Connell and other friends of May-
nooth, that not a Chartist can be found in all Ireland.
DEATH OF MARSHAL VICTOR--Marshal
Victor, Duke de Belluno, notwithstanding the favourable
appearances of Monday morning, became worse during
the day, and in the evening expired without much
suit.er -
ing, surrounded by his family and friends.

IMPERIAL PARLIAMENT.

HOUSE OF LORDS, MAzcz 4.

Tho Earl of SHAFTESBURY took his seat on the
Woolsack at. Five o'Clock.

The Duke of RICHMOND presented a petition
from Croydon, against the Vaccination Bill. Also a
petition from the Guardcans of the Poor of the New-
bury Union, complaining of being compelled to pay to
the taxes of the town of Newbury.
On the motion of Lord DUNGANNON the
Roughing of Cattle Bill was read a third time and passed.
The Earl of MINTO presented two petitions from
places in the county of Roxburgh, praying for the total
abolition of Lay Patronage in Scotland. The Noble
Earl stated that he need hardly inform their Lordships
that he did not concur in the views of the petitioners.

The Marquis of NORMANBY presented ape.
tition from the surgeons and apothecaries of Liskeard,
in favour of Medical Reform.

Tne Marquis of NORM ANBY presented a peti-
tion from the Presbytery of Nairn, praying for the
abolition of Church patronage.
'lnc Duke of RICHMOND presented a petition
from the inhabitants of Dumblane, in the county of
Aberdeen, stating that they petitioned the House last
year to redress their ,grievanc,s ; that nothing had been
done to remove the cause of complaint ; and praying
the House to repeal the Act which established Church
patronage in Scotland.
The Earl of RIPON moved for returns of the in-
come and expenditure of South Australia, including the
source from which the income was derived, whether
from the sale of lands in the colony or internal taxa-
tion, and the general expenses of the Government, from
the time when the Act was passed establishing the
colony.
Tile Earl of GLENGALL gave notice that to-mor-
row be would move for the production of the corres-
pondence which had passed between the Government
and the Poor-law Guardians of Ireland.
ST. SULPICE.

The Bishop of EXETER said, that, in presenting
the petition, of which he had given notice to their
Lordships, it might be convenient, considering the pe-
culiar nature of the case, if he entered a little at large
into the merits of the case, as it appeared
upon the petition ; and as he ventured to think
it could be proved. His reason for thinking that
would be the most convenient and fairest course was
that as to-night he shoal I only move the petition do
like on the table, this would be an opportunity to
their Lordships for considering, if anything he could
say should be worthy of consideration, the whole
case, before any motion was made for ul-
terior proceedings by that House. The petition
which he was charged with, was one of no ordinary
importance ; it was one, too, of rather a singular cha-
racter. The petitioners addressed their Lordships with
a prayer that they would interpose their advice with the
Crown against giving sanction to an ordinance which
had been passed by the Governor-General of Canada,
with the advice of a Special Council in that province.
This was, he believed, the first occasion on which such
a petition had been presented to their Lordships ;
but, singular as the incident was, he thought
the occasion would justify that singularity, for
most undoubtedly it appeared the occasion was far
more singular than the incident. Her Majesty's Minis-
ters had laid upon their Lordships' table, and he was
obliged to them far it, some despatches within these
few days to aid their Lordships in their deliberations
upon the petition. Her Majesty's Ministers had given to
them a copy of the despatch of the Governor-General,
dated the 23th of January, in the present year, in
which he enclosed a list of persons who had enfran-
chised their property under the ordinance passed by him
and the Special Council last June, and made this
remark I am happy to say all excitement
on the subject has now subsided, and I can conceive no
possibility of its being renewed except it were supposed
there was a probability of the ordinance being inter-
fered with in England. How little such an in-
terference would accord with the wishes of
those who last year petitioned the Crown,
you will easily understand by perusing the enclosed
list." There was then given a list of t Proprietors
who had enfranchised their property under the ordi-
nance, and among those who had enfranchised the
largest quantity, were some of the petitioners.
So far was he (the Bishop of Exeter) from
thinking that that indicated any disposition on the
part of those persons to assent to the measure, that I,e
saw in it only a proof of their great moderation. They
did not approach their Lordships with any earnest
hope that they would induce them so to interfere,
as to prevent the passing of any ordinance
for the purpose of putting an end to feudal tenures
from any pecuniary motive. They hoped their Lord-
ships would interpose and prevent far greater evils than
the mere pecuniary burdens which would be imposed
upon them by that measure ; and it would be his duty
presently to state what, there far greater evils were
in the opinion of the petitioners, and, he must frankly
own, in his own opinion. Appended to the despatch
of the 20th January, 1841, as one of the 28th Ja-
nuary, 1840—a long and rather el tborate despatch.
That despatch being laid upon the table, he thougl,t
he would not be transgressing the rules of propriety, if
he catered into some statements a little at variance with
those contained in it. The tone in which the Governor-
General of Canada had spoken of the petitioners and tie
petition called upon him (the Bishop of Exeter) to justify
their character in their Lordships' estimation. Before
the deputation of pet tioners left this country last year,
they put into his hands certain statements which he
would not have presumed to lay before their Lordships
had it not been for the statements contained in the des•
patch. The despatch said, " Accordingly I sent down
to the Special Council the draft of the Ordinance, and
after the fullest consideration it was passed." Now the
fullest discussion implied a great deal, but it
did not imply the fullest information. So far
from that he might be permitted to say, upon the au-
thority of the Committee of the Petitioners, that when
the Special Council were called upon to consider the
ordinance, they requested to be supplied with informa-
tion—they called for an account of all that had passed
between the seminary of St. Sulpice, the body wl o
were certainly most interested in the question, and the
Government—and also they called for informatis n
upon the law of the case. They had not the
advantage which their Lordships enjoyed, of having tl e
opinion of the Judges when they required it ; therefore
they very naturally wanted to be furnished with the
opinions on the subject which the Government had
obtained during the last forty or fifty years from the
various Crown Lawyers. They also wanted to have
information as to the value of the property which was
thus to be given away to the seminary. But for rea-
sons, the grounds for which he could not discover, all
information was peremptorily refused. Therefore, their
Lordships would see that the fullest consideration
did not imply the fullest information. He might also
be permitted to say, that, in one other respect, the dis-
cussion in the Special Council was distinguished by one
very remarkable circumstance—one that was without
precedent, and unheard of before. The Governor-
General then, for the first time, himself presided in the
Council during the whole of their discussion in
their legislative capacity.—(Hear.) That was new
and unheard of ; and to prove it he would quo: e
an authority which would be respected in that House,
and would be considered of some weight—he would
quote the authority of the Governor-General himsele
The Governor-General had stated for the information
of the Colonial Secretary, that he had appointed
the Chief Justice to preside over the deliberations of
the Council. And in the correspondence which he
would quote to their Lordships, this important sen-
tence was added,— " 'expect great advantage will result
from the presence of the Chief Justice at ti e
Council, and from his presiding over its delibera-
tions, which I find are not carried on in the
presence of the Governor-General." He, (the
Bishop of Exeter) was happy to say that that
opinion was common to all the Members of the Council,
and ho was sure their Lordships would think with him
when they should take into account the remarkable docu-
ment on the tenure of offices in the colonies. That
document showed that the Government kept a strict
eye over their officers in their capacities execu-
tive and legislative. Their Lordships would see
how individuals voted and spoke and demeaned them-
selves in the dissensions of that Council. In the remark-
able dispatch to which he (the Bishop of Exeter)
had alluded to, the noble writer of it stated that he
had every reason to believe, notwithstanding the
clamour raised by a few individuals in that
city, and the violence of the press, the mea-
sure had been approved of by the moderate
men of all parties. He (the Bishop of Exeter) was ex-
ceedingly sorry to hear that the moderate men of
.t.h?l,
British residents were so few, far by the signatures which
he he would show to the House their Lordships I
amongwhat a fraction ofth
moderatee British
men.
T ha tresidents
petition,e o u
whichbu nwu°lmiunbder ethed
signatures to which he referred, was drGaw
ordinances which had appeared in the !die
Eafltetrratohre_
odinnearyproopf
otlsreedCbolyontiehse, andGoweiri which wians etiectccodutnocbileittilstet
; Cant June.p
to England, for the pur-
oinlt'sh.at oirmdmincadnicaetediyiffeornedthissoommelinnanotcoupniamssp;nogr:
representatives were deputed
againstaftetrh
the address
all.w a r dI petitionsmmediat
Immediately
pur-
pose
tohfa tp pressing
nngo tfor
had passed, a meeting took place, and mo! t certatn y tire
the Governor-General.. might be appro-
priate, redthbayt assembly, indignant at the measure thht
had been entered into a strong declaration against
it. Still, whatever might be the terms employed on tiett
• occasion, considering the rights of property involved in
the question, and considering also the far more gra% e
and important question of the rights of their
religion, it could not be a matter of sur-
' prise that even individual men should be
roused into the expression of somewhat strone. terms.
He would now state to the House who were the peti-
tioners who had been. so characterised by the Governor-
General. The petition was couched in calm and rno-
derate language, and it was signed by about 2,000 of the
persons who were described as the British Protcstsa t

tom
V 1N 'tro.

Magietratee, clergy, lariOesiart.s .
1P- Il'a i'''''Pol."l",t.#
of Montreal, and he AiAttlef oilltt:4114 the Petiti",
had been sent off, withotiqieittrei444rent
who were so disposed to 'itgrOittp'-ite time t all
trA-000 of the
British Protestant populatio.t. *i*,,cot of Montreal
were a very considerable pr... eon .^le. British Pro-
testant adult population. In the City of Montreal there
I:.tiiczo about
wen;C
Ilomauls,ooO Baritltiisollc,
tiinshab 'tante. Of these about
00.1
fore, not more than I,,.ooo.Ntl,ilewr,e reu
supposing
hell of these were males, that would give 6,000. He
tai ne cl,th e
one
- would venture to say that they had strictly adhered to
the resolution of not admitting the signetures of chil-
dren, but only of the adult male population. Wheo
he said the petition was signed 2,000, he might
sift y infer that it was signed by two.thirds of that
adult population. But that was not all—those de-
scribed by the Governor " as not belonging to
the moderate men of any party"—thr se men so held up
to the indignation of the House, were, a portion of the in,
men entitled to the respect of that House, Magtstrittes
of fie city—there were also clergy, but these were
cot always considered entitled to the respect of the
House, and were not perhaps to be accounted model-etc
men, and therefore he would otnittheelergy.—(A loutgle)
But tho:e were Magistrates, twenty-lour Magis-
trates in the City of Montreal, and of these
how many had signed the petition ? Eighte. ri. Of
tbe remaining six, two were absent in England on
elsewhere, two were members of the Special Council,
and as such, though avowedly favourable to the pe-
tition, declined subscribing it. Titere remained
one, or at most two, whose names were withheld
and as he (the Bishop of Exeter) was told, net
from any disinclination to it, but for reasot s
which they did not give, or, as he had tea-
son to believe, were perfectly datinct from any
thing like opposition. But supposing this was not the
case, a majority of 18 bad acme forward to expiess
to their Lordships their earnest prayer. to inter-
pose and save them from the great calamities vvitich
they apprehended must ensue, net only to themselves,
but to the peace end safety of the cal any if this mea-
sure was not resisted in its progress. If', hottever, nei-
ther the 2 000 who had signed the petition, nor the 18
Magistrates, nor the clergy, deserved attention, there
was one individual whose name was to tiched to it, whern
he (the Bishop of Exet.r) was sure the Noble Viscount
(Lord Melbourne) would say deserved it, and who,he was
quite sure, would be recommended as such by the Gover-
: or-General hires .If. That gentleman was no less than
Mr. Dey the Solicitor-General of the provinces.
He was not Solicitor-Generel at the time he
Signed the petition, hut became so before the passing of
the ordinance. That he was made Solicitor-General
was proof that he was a moderate in in, and therefore one
moderate man at least had signed the petition. But
what was the conduct of the Magistrates in the Special
Council ? But two of them vote 1 against the measure.
But though the despatch said this, it did not say
that two others who had declared themselves
against it, for reasons which, no doubt, satisfied their
own consciences, had stayed away . and did not vote
for it. One was Mr. Day, who as he (the Bishop of
Exeter) was informed, oppose 1 it in Committee, but
on the question that it should be engrossed (a
style equivelent to the third leading with us)
Mr. Day was not preseut, and did not vote.
There was another Member of the Special Coun-
cil, Mr. Black, who opposed the ordinances, and
he (the Bishop of Exeter) was assured on the
credit of men of honour and veracity that it was per-
fectly notorious in Montle al that Mr. Black,
having intiwated his opposition to the ordieeteicee,
was sent for by the Governor, and nothing more was
heard of his oppos:tion.—( Hear, hear.) He (the
Reverend Prelate) would not say, " Quin post hoc,
ergo p ropier hoc." But Mr. Black did not afterwards
appear at the Council during the discussion of
the question. Ile would not trouble their Lordships
further as to the character of the pet tioners. Ile would
now go to their prayer. They said they hod petitioned
her Majesty not to consent to the incorporation of the
Religious Society of Montreal, and ally prayed her to
relieve the inhab:tents of thet city and province front the
degrading vassalage to which they were subjected.
They were willing that the rcv.•nues of the Island
of Montreal should be appropriated to public pur-
poses. They did not pray to be relieved
flow the hurthev, but from the degrading conditions
upon which it was imposed. The petitioners now
prayed their Lordships to adopt such treasures, either
by address to her Majesty or ctutrwise, in relation to
the affair, as might tend to re tv tet the consummation
of the obnoxious ordinances. He would now explain
to their Lordships the way in which the petitioners
were treated in the de ;patch of the Governor.
It was said they were parties, and not only pa, ties but
assenting parties, to the bargain. Mr. Charles Bullet's
Report teas to be found in Appe tdix E to Lot d Dur-
ham's Report, pages 185 to 188 ; and he was per-
suaded that if their Lordships were to look at what Mr.
Buller said, they would find that his opinion on the suf.-
ject would not evatraet the opittion of the Governor-
General. Mr. Charles Buller was entrusted with the
duty of considering the question, with a eieta to the
srttlealeat of the disputed points. Lord Durham de-
sired the Superiors of the Seminery to attend on Mr.
Buller, and Le also se'eeted, of his own choice, three
individuals, whom he no doubt considered fit for the
ta'k. It appeared, however, that these parties ee e
chosen without the concurrence, and even without the
knowledge of those most ieterested in the matter. Mr.
,tiilnehriarztliriptir:caohsl.i.
Buller made, as might be expected, a very able Re-
port ; but it appeared that the Governor had not at
that been able to obtain the consent of the hen is of the
Seminary to the ordinance, chile it was resisted by the
British party. A. deputation soon waited on Lord
Durham, entreating him not to carry the ordinance in-
' to effect, but he intimated his displeasure at that inter-,
view. He the (Bishop of Exeter) said that, without
wishing to say anything disagreeable to the surviving
friends of the Noble Earl. The Noble Earl was suc-
ceeded by a Noble Lord who he wished was now in
that House, in order that he might give them the
benefit of his statements. Lord Sydenham seeing the
mater nearly concluded, proceeded with the ordinance ;
this also get wind, and, just before the publication of
the ordinance, a deputation waited on Lord Sydenham,
stating that they had not acceded to the ordinance, at
which Lord Sydenham expressed his great surprise.
These parties from first to last had declared themselves
against this ordinance, for the high and grave reasons he
had all-, arly stated. He had now stated the history of
the ordinance, up to the time when L srd Sydenham
went out to Canada, and lie would now say something
of the S,?minary of St. Sulpiee. He rejoiced in the
first place to say that the parties who had subscribed to
the petition, had clone that which erftled them to be
considered as acting most moderately. Tl.ey had not
said one syllable that reflected upon any of the members
of that hotly. They deplored its eeietance, constituted
as it was at present, but they had made no statement that
reflected upon it. It was with great satisfaction that he
took that opportunity of stating that from all he had.
heard and teed of the gentlemen who had signed the
petition, he believed they were ertitlA to the utmost
whichpra ise
theytor consideredtle e their pe rse perseverance a tbnee
theira anal zeal
dzuetayl. in
pedroiiina
pg thats I.e
might say that the most important part of the commu-
nications that had taken place in respect to this semi-
nary was that which occurred when the Commissioners
on the grievances& Canada went over to that country
in 1836. A Noble Earl not now in his place, a gallant
&lie ,nand a late Judge in India, opposed that Commis-
sion, and those three Commissioners, while they nega-
tived le the strongest terms the legal claims of this semi•
nary to its possessions, urged their equitable claims.
Two of the Cotnenissioners were leis strong in speaking
of the claims of this seminary being without foundation,
but Sir Charles Grey hesitated net to say that the
tleir equitable
legal claims were totally without foundetion.—(Hear.)
But Sir Charles Grey acknowledged
rights; and if these noble, learned,
tips had been content with merely
_namely, front
and gallanthtsrerso9e
opi-
nions, those opinions would have
not for the legal,
weight. The strongest reason
of these
parties was the
but for the equitable claite.ofe.Nbeeneasteantitniftled to greatSitl:vial
sarstai:edle
s Grey di . not enter.
party and possessions.
Uponent ; tic considered it entirtly
what did it rest ? It was
toauitti
o f thatthe focir
uae
ss
ti
inogril
.e.
thatof the
the csaupois,tiuiorloacrti.thoosanrslphefoolti,iiernuttroeiaul
° orn ;twenty years—namely,
given after the passing of
subject=,
ecest3aclause -
ngest seemed
upon a alma in ti,e Royal list eup et tri
e,nis6, i
ot
uos. tohrn-
Of all the reasons, ea!
ea
et
of;nri
sacd
saaloidngtir'
the conquest of thateloiccoleilgowoney;tr,aebtgllo7vertliGg,tiolitlveesurtntrnotiehnetse
period of
of that Act,
c‘p.yrhos'iie‘co'hisnntic,oe,taiesiti:eliaYths
ooff Gt
nail ienda ri likees ,•
111., it was provided that
iiidtehresliQias : Majesty
lbcajcesAtyc'ts communities,in Canadian
174
. should' nsttibh
freely hold their t
sions and property. Thiseees.seee
absolute ex-
clusion and ifpitcislsicasd-
res!ed there, be ventured to say
have heard of this quiet acquiescence, for
the part of the Governors. But, .•'order7o years,. on.
that favourably to the seminaries, t Litt.
Oto o. explain
cited a part of the instructions which s'verLe immediately
afterwards given to the Governors. Those instructions
were as follows :—" That the society of Romish priests,
oftailed Quebec and Montreal, ed the Seminaries
continue to possess and occupy their houses or resi.
deuces, and all other houses and lands to which they
were lawfully entitled on the 17th of September, 1759."
'l'he Commissioners, in their Report, did not give the
precise words. They preferred to put it into different
language, instead of having recourse to the mere dry
official document.—(Hear.) He would read to their
Lordships the etatement of the Commissioners.
No instructions were given to the Governor of Canada
on the 3d of January, 1779, in consequence of the
passing of the Quebec Act in the preceding year,
by the 11th section of which it was directed that
the seminaries of Quebec and 4ntreal should re-
, main in posseision of all the ho sex and lands of
• which they were in possession on the 13th of Sep-
• tember, 1759. These instructions absolretely negatived
• the conclusion to which the Commissioners came.
The Coitiatissieners stated that they store to remain
in possession of all the houses and lands of which they