The Sun.
London, England, 1851-07-16 00:00:00

EVENING,

JULY

applying to other colonies, which had been dealt with in
a similar way by disposing of them under this reser-
vation? Ho would now briefly consider the opinion that
had been referred to on these points. Having re-
ferred to the letters patent, he would now refer to
the opinion that it was not competent to the Sovereign
to limit a constitution once granted. But they must
nut take one portion of these instructions •without the
other portion. They must take the reservation with
them. What was the great constitutional doctrine?
Was it not that the power of the Crown could not be
taken away excist by express words, and not by intend-
ment? Was not the power of the Crown expressly
reserved? By the letters patent of 1850 a further grant
of a constitution was made, but, said the Noble Earl, as
a large portion of the population are absent at the war,
and it would not be just to a!love a portion of the popu-
lation to exercise their powers, reserve the constitution
till their return. and in the mean time do nothing more
than is necessary to carry on the Government. That
was called an abrogation of the constitution. The only
grant was the grant or promise of a future constitution,
but no one knew what it was until it was called into
operation, and till then it was perfectly legitimate for the
existing Council to act. There was. therefore, no doubt
but that the colony bad now a Legislature with perfect
authority. Well, what was a Committee to do? Had
they any Bill to form, any evidence to acquire? Could
any one deny the prerogative of the Crowe to legis-
late for the colony, under the authority of the Im-
perial Parliament? Could anything be more injurious
than to weaken the authority of the Crown at the pre-
sent moment in the colony ? He, therefore, trusted their
Lordships would vote rig iinst the motion.
The Duke of ARGYLE said that a vote of that
House must tend to maintain or derogate from the au-
thority of the Imperial Parliament.—(Hear, hear.) He
had read these papers with the deepest attention, and
he felt he could not vote for the motion of the Noble
Earl. Not only did be object to a vote of censure on
the Noble Earl (Earl Grey), but he would say his con-
duct towards the colonists at the Cape had been marked
by a liberal, if not too liberal a policy. He thought the
Governor (Sir Harry Smith) had acted in a most liberal
and conciliatory spirit towards the colonists.—(Hear,
hear.) He was in favour of legislating for the better
government of the Cape colony; but he thought that, at
this late period of the session, it would be almost useless
to introduce a measure with that object. Looking at
all the circumstances of the case, he could not give his
vote for the motion brought forward by the Earl of
Derby.
Lord WHARNCLIFFE opposed the motion.
Earl GREY explained. He had stated that the Go-
vernment would. at their own time, and in their own
way, proceed to bring into operation that reformed con-
stitution which had been promised. As soon as the
draught ordinances could be prepared, they should be sent
out to the Cape, and Sir Harry Smith was fully aware
of the course which it was intended to take.
The Duke of NEWCASTLE said that nothing bad
occurred in the course of this debate to shake the
opinion he had formed with reference to it from the
first, that legislation was the best, if not the only means,
of dealing with the subject. He confessed be was dis-
satisfied with the explanations the Noble Earl the Colo-
nial Secretary had given to the House. On the other
hand, he conceived that his Noble Friend near him
should afford some explanation of the scope and objects
of the Committee which he asked for, should the House
be disposed to grant it. Ile had no desire to be drawn
into a party vote, and still less to pass a vote of censure
against the Government. If his Noble Friend's object,
therefore, coincided with the course taken by the Noble
Lord near him, it would be impossible for him to vote
with him. Considering, however, how many and how
eminent lawyers had differed in their views of the legal
part of the question, he thought, to say the least of it,
that the propriety of what the Government had done
was very questionable, and that the subject should
be set at rest by legislation. If he understood the mo-
tion of his Noble Friend near him to have that object
in view, it should have his assent, and he could assure
the Noble Earl opposite, that ho should do so without
any intention whatever of entering into a condemnation
of his policy. He believed his Noble Friend's motion
to be limited, as it ought to be, both in its object and in
Its intention, and, without that belief, it should cer-
tainly not have his support.—(Hear, hear.)
The Earl of DERBY replied. He wished to have the
papers referred to a Committee, with a direct view to
immediate practical legislation. He could not believe
that a Committee would require any lengthened period
for consideration. And in this motion be did not intend
toinvolve any censure upon her Majesty's Government,
but he thought immediate legislation indispensable.
Their Lordships then divided, when there appeared—
Contents ... ... 68
Non contents ... 74

Majority for the Government
Proxies were not cant d for.
Their Lordsbips then adjourned at One o'clock.

-6

PARLIAMEN TAR Y DIVISIONS.

(From the Votes and Proceedings of the House of Commons.)
TUISDAY, JULY 15.
MILLING TRADE (IRELAND).
Motion made, and Question put, "That this House will,
on a future day, resolve itself into a Committee, to take into
consideration the present state of the milling interest in
Ireland." The House divided:

MINORITY—AYES, 93.
Gaskell, J. M. Mundy, William
Gilpin, Colonel Nugent, Sir Percy
Gooch, E. S. O'Brien, J.
Goold, Wnydham O'Brien, Sir Lucius
Granby, Marquis of O'Flahcrty, Anthony
Grogan, E. Packe, C. W.
Hallewell, E. G. Plumptre, J. P.
Hamilton, Geo. A. Portal, Melville
Hamilton, J. H. Prime, Richard
Hayes, Sir E. Renton, J. C.
Heneage, Edward Reynolds, John
Henley, J. W. Rushout, Captain
Herries, J. C. Scully, Francis
Hodgson, W. N. Seaham, Viscount
Howard, Sir R. Stbthorp, Colonel
Hudson, G. Smyth, John George
Jones, Captain Spooner, Rickard
Langton, W 11. Stafford, Augustus
Lennox, Lor I A. Stuart, John
Lennox, Lord 11, G. 3-, urt, 11. G.
Leslie, C. P_: Taylor, Colonel
Lindsay, lion. Col. Thompson, Alderman
Lowther, Colonel Tyler, Sir G.
Mackenzie, W. F. Verner, Sir W.
Magan, W. IL Vesey, Thomas
Meagher, ThomaS Vyvyan, Sir R. R.
Mandeville, Vis. Vyse, R. H.
Manners, Lord G. Willoughby, Sir H.
March. Earl of Wynn, li. W.
Maxwell, Hon. J. P. TELLERS.
Miles, Philip W. S. Naas, Lord
Mullings, J. R. Newdegate, C. N.

Anstey, T. C.
Archdall, Captain
Baldock, E. H.
Bankes, George
Baring, Thomas
Barron, Sir H.
Barrow, W. H.
Bateson, T.

BLuldfoid, Marquis
Boldero, Henry
Blab, Sir It. G.
Boyd, John
Bramston, T.:W.
Brisco, M.
Brooke, Lord

Brooke, Sir Arthur
Buller, Sir Y.
Burrell, Sir C.
Burroughes, 11. N.
Butler. P. S.

Cabbed, B. B.
Chichester, Lord J.
Christopher, R.
Con°ily, Thomas
Dick. Quintin

Disraeli, B.
Dundas, George
Dunne, Colonel
Edwards, Henry
Forbes, Win.

Pralineld, J. W.
Gallwey. Sir W. P.

Adair, llugh E.
Aglionby. Henry
Alcock, Thomas
Anderson, Arthur
Anson, Colonel
Armstrong, B. 13.
Baines, AL. T.
Baring. Sir F. T.
Bell, Jacob
Bellew, K. M.
Berkeley, H. F.
Birch, Sir T.

MAJORITY—NOES, 128.
Elliot, John E. Paget, Lord A.
Evans, John Paget, Lord Clarence
Ewart, William Palmerston, Via.
Fergus, John Parker, John
Ferguson, Sir R. Peehell. Sir G.
Fitzwilliam, G. W. Perfect, Robert
Forster, M. Pinney, William
Freestun, Colonel Ponsonby, C. F.
Geach, Charles Power, Dr. •
Gibson, T. M. Price, Sir R.
Goulburn, Henry Ricardo, Osman
Graham, Sir Jaines Rice, E. R.
Oreille% C. Pascoe Rich, Henry
Greniell, Cnarles W. Roche, E. B.
G ey, R. W. Riunbold, C. E.
Grosvenor, Earl Russell, Lord John
Hall, Sir B. Salwey, olonel
Bellybutton, Lord Sanders, J.
Ilanmer, Sir John Sclioletleld, W.
Ilastie, Alexander Seymour, Lord
Ilatchell, John Smith, J. A.
Hawes, Benj. Somerville, Sir W.
Headlam, Thomas Spearman, H. J.
Henry, Alexander Stanstleld, W. R. C.
Herbert, Sydney Sutton, J. H.
Heywood, James Tancred,ll. W.
Hobhouse, T. B. Thompson, Colonel
Iloll9nd, Robert Thornely, T.
Howard, Lord E. Trevor, "1 homes
Hume, Joseph Tufnell, H.
Kershaw, James Vane, Lord H.
Lebow:here, Henry W almeley, Sir J.
Lawley, B. R. Watkins, Colonel
Lewis. G. C. Wilcox, B. M•Ghle
M'Gregor, John Williams, John
Martin, John Wilson, James
Ma, heson, Colonel Wilson, Matthew
Melguud. Viscount Wood, Sir Charles
Mauer, W. M. Wood. Sir w. P.
Mitchell, T. A.. Wrightson, W. B.
Morris, David
Mostyn, E.
Murphy, P. S.
Osborne, Ralph

Blackstone, W.
Blair, Stephen
Bouverie, E. P.
Boyle, Colonel
Brocklehurst, J.
Brotherton, Joseph
Brown, W.
Bunbury, Edward
Cardwell, Edward
Carter, J. B.
Cavendish, C. C.
Cavendish, W.
Chaplin, W. J.
Charters, Francis
Childers, J. W.
Clay, James
Cobden, Richard
Cockburn, Sir A.
Cowan, Charles
Cowper, W. F.
Craig, Sir %V G.
Crawford, W. S.
Crowder, R. B.
Davie, Sir Henry
Dawes, Edward
Denison, J. E.
Duncan, Viscount
Duncan, (*vow
Dundas, Admiral
Dundas, Sir David
Ellice, Edward
Ellis, John

TELLIES.
Hayter, W. G.
1111, Lord M.

CONCERT.—Mr. W. Binfield gave a second con-
cert at the new Beethoven Room, Queen Anne-street, on
Friday night, his first having taken place on the 13th inst.
at Willis's Rooms. The performers were himself, his three
sons, William (pianoforte), Henry (harp), and Augustus
(pianoforte and concertina), and two daughters, Margaret
(concertina), and Louisa (harp). Mr. Binfield himself is a
vocalist, and plays the violoncello and the pianoforte.
There was a very genteel audience, though not a very nu-
merous one, and all present appeared highly pleased with
the display of talent which the tyros exhibited. The elder
son, William, has great execution; his fingering is facile,
and he has a true feeling for the art. This was evidently dis-
played in the larghetto of Chopin's " Grand Concerto,"
and a study of Moschelles. Augustus is a lad
of even higher promise; his soul seems to be in his playing;
and if life is spared to him he will be a first-rate performer.
Henry, as a harpist, promises to emulate his brothers on the
piano; his execution is remarkably brilliant for a lad of his
age, not being, we should suppose, far advanced in his teens.
Miss Binfield plays beautifully on that difficult instrument
the concertina; and Louisa, who does not appear to be more
than six or seven years old, is already able to play the harp
better than many we have heard of three or four times her
age. These young people seem to be all naturally musi-
cians, and when they perform together the ensemble is most
attractive. This was shown in Chopin's. " Grand Concerto,"
and in Mendelssohn's " Wedding March," arranged by Mr.
Binfield for two harps, two concertinas, and two pianos.
This charming piece of " fairy-like music " was so admirably
performed that it elicited an unanimous encore. A duet on
the pianoforte and harp by Miss Louisa and Master Augus-
tus, and one on the harp and concertina by Master Henry
and Miss Margaret, were delightfully played. The execution
of the latter in some fine old Iri,h airs drew forth frequent
applause. Talented as this family is, there is nothing pre-
suming about them; the young ladies are particularly pre-
possessing, and they all promise to be great acquisitions to
the English school. Mr. W. Binfield displays considerable
talents as a composer and arranger of music; he is also a
good pianist, but we cannot praise his vocal execution. Two
songs, written by himself, one entitled " Bird Life," the
other " We'll grow Old Together," are pleasing compositions,
the last especially, both melody and accompaniment dis.
play good taste and a thorough knowledge of the science.

[ADVERSISEMINT.]—To Persons Paralysed, &c.-
H2Ointment and Pill -Col

Extraordinary Cure by . -olloway's _ 11
of a letter from Capt. E. F. Ferris, commanding Rumpore
forces :—" Rohilcund, India, Jan. 15, 1849. To Processor
Holloway. Sir,--I deem that your wonderful medicines ought
to be well known, and I take the liberty of reporting a miracu•
lone cure that came under my own eye. An old woman had
been for the last two years quite bed-ridden, having entirely
lost the use of her leg, from the hip joint. Her limbs were
quite restored."—Sold by
apparently dead, and without the slightest feeling; but by the
ausellof druggists,ye ur 0
andintrnaetnpt
re:ft!
sPuialrl s she i s
Holloway's Establishment, 244,
Strand. London.
REPREOSNTATION _OF SCARBOROUGH.—Friday next
ie Szed for 01012011:anti= of candidates.

16, 1851.