The Sun.
London, England, 1833-02-02 00:00:00

KING'S BENCH.-(THIS DAY.)

HENNING V. DOVF•
This was an action, which was brought by Mr. Ben-
ning, of the firtn of Saunders and Henning, law book-
sellers and publishers, in Fleet•street, to recover compensa-
tion in damages, from the defendant, for the breach of a
contract by Lim with the plaintiff, and by which the
plaintiff alleged he had sustained a considerable loss. The
defendant was the proprietor of Mr. Chittey's edition of
" Blackstone," and the plaintiff purchased 300 copies of it,
at a fixed price—the defendant, at the same time, binding
himself not to dispose of any copies which he retained in
his own hands at a lower rate than that at which the
plaintiff had purchased the 300 copies. By the evidence
(fitewnothineinpaltleidnti,ff,,thrandweever, it
sales"
at
ber of copies of this identical work were sold by the
a gee ear el
bdi thatn T a
vaet r wn
aa t
nnu,
me r
-e
defendant's auctioneer at a lower price than that
stipulated upon between him and plaintiff, and it appeared
further, that such sales would to a certainty have the
eff-ct of preventing the sale of the copies which the plain-
tiffs had purchased. One of the witnesses, Mr. H. Butter-
worth, the law bookseller, stated that he had purchased
some of the copies at the trade sale ; but when he heard
of the agreement that had been entered into between the
plaintiff and defendant, he returned those that he had pur-
chased to the latter at the price he had given for them.
It further appeared that the plaintiff had since entered into
partnership with his present partner, Mr. Saunders, and
that the stock in trade had been transferred over to the
partnership account.
Sir JAMES SCARLIETT, in his address to the Jury, con.
tended that the plaintiff would not have suffered damage,
because it appeared that Le had in fact sold all the copies
he had to the partnership, and, therefore, if there was any
damage at all, it was sustained by the partnership, and not
by the plaintiff individually.
His LORDSHIP made several attempts to get the parties
to consent to a reference to Mr. Butterworth, or to the
withdrawal of a juror. The cause had been in the papers
a year and a half, and it would he much better to settle it
amicably.

The Parties, however, declined acceding to either of his
Lordship's propositions.

. .
The LORD CHIEF JUSTICE then sutntned up the evi-
dence, and the Jury returned a verdict for the defendant.

SHIPPING INTELLIGENCE. (THIS DAY.

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',PTR/T OP TIFF PlTni.ro-70(!i/Ntr,g.

the of Assembly of 1,
Jamaica
icadsoiitin of
aistthi(scoritical tune, iti4pnsequence of a
collision between the two branches of the Leis-
, lature, will obtain for colonial affairs A tlegTeAof
attention which it would be fruitless expect
under other circumstances. The question of
slavery is, unfortunately, not the only one which
agitates Jamaica. The inhabitants of that co-
lony, in common with the inhabitants of every
other colony under the British Crown, are most
unmercifully plundered by a crew of idlers, for
whom a pretext for an income must be found,
and who can be most conveniently disposed of
beyond sea. These idlers, or quasi-idlers—
who have an interest in the perpetuation of all
kinds of abuses, and who are the mere creatures
of the Ministry of the day--are the means by
which the Government is enabled to nullify (to
use an American phrase) the resolutions of
such parts of the Legislature as sympathize with
the inhabitants. The Governor of Jamaica has
taken part with the Council of the island. This
naturally leads to an inquiry of what mate-
rials is the Council composed, to which
Lord Mulgrave assigns functions analagous to
those of the House of Lords. In one of the
resolutions passed bythe Members oftheAssembly,
as individuals after the dissolution, a descrip-
tion was given of the Council, which conveyed
the idea that the Members were not fitted to
discharge the functions assigned to them by the
Governor. In fact, the inhabitants of the colony
would be utterly without the m :ans of protect-
ing themselves against the most flagrant oppres-
sions, were the distribution of functions to the
two bodies of the Legislature to be regulated
by that of the Lords and Commons, as ab-
surdly contended for by Lord Mulgrave. The
Legislative Council in Canada is in theory at
least distinct from the Executive Council
(though the same individuals are too often to
be found in both), but in Jamaica the Council
is both Legislative and Executive, and all the
Members of the Council hold their offices and
their incomes at the pleasure of the Executive.
It will be seen from the following document,
that if the House of Assembly were without the
power of examining witnesses upon oath, great
public delinquents would be covered with the
most complete impunity. The documents are
a letter from an intelligent Member of Assembly
to a distinguished Member of Parliament in
this country, and an analysis of the Jamaica
Council, by the same individual, which has
been forwarded to the Colonial-office :

(COPY.)
" Kingston, Jamaica, Dec. 17,1832.
" Sir,—Our Jamaica Assembly has been di solved by
Governor Earl Mulgrave, not in consequence of any ques-
tion of slave reform, but on account of the nonsensicalities
of privilege.
"The Assemb'y of Jamaica have always exercised the
power of examining witnesses upon oath—this, it is true,
.s not done in the House of Commons, but it is absolutely
necessary to the Constitution of Jamaica, for, having no
House of Lords ((or which God be praised), and the
Council being principally composed of servants of the Ex-
ecutive, and all removeable at pleasure, the only mode we
possess of convicting great public delinquents, is by an
inquiry, on oath, before the House of Assembly, and ❑pon
that evidence a memorial is presented to the Crown
through the Governor. The Crown punishes the delin-
quent or not, as it pleases—of course, in most cases, the
delinquent is not punished, as his interest with the cor-
ruptions of Government usually is too powerful for the
attenuated hands of colonial justice. But if the House
of Assembly is not to institute examinations on oath, then
we cannot even expose public delinquents, and we are be.
reft of the very shadow of an impeachment.
" The right has been salutarily exercised since the ex-
istence of the Constitution of the colony—as in the cases
of Chief Justices Lewis and Scarlett, within my own re-
collection. If the Assembly cannot inquire, on oath,
into the conduct of public robbers, they must go un-
scathed.
" At this moment we are interrupted in an investiga-
tion of alleged frauds charged against our Judge of the.
Court of Admiralty, and who is also Register of the
Court of Chancery.
" The Council have also quarrelled with the Assembly,
because they are not allowed to originate laws.
" Enclosed I send you an analysis of the Jamaica Coun-
cil—a fac•simile of this analysis I have forwarded to the
Secretary of State for the Colonies, through our Jamaica
Governor•.
" May I request you to move in the House of Com.
coons that the analysis of the Jamaica Council, forwarded
to the Colonial-office, may be laid upon the table of the
House of Commons, that it may be seen how we are
governed.
" A man of business as Governor could do much good
in this wretched colony; but Lend Mulgrave is a mere
novel writer.

" I have the honour to be, Sir,
" Your most obedient servant.

" ANALYSIS OF THE JAMAICA COUNCIL.
" The Council in Jamaica is both Legislative and Exe-
cutive—not as in Canada, where the Legislative Council
is distinct from the Executive.

" All the Members of the Jamaica Council hold their
offices, both legislative and pecuniary, at the pleasure of
the Executive. The present Members are—
" 1. George Cuthbert, President. He receives 1,000/.
currency annually as President, which office he holds at
the will of the Executive.

"2. Major-General Sir W. Cotton. 3. Lord Bishop
of Jamaica (who receives from the people of England
4,0001. sterling annually for doing nothing). 4. Chief
Justice Sir Joshua Rowe (who is removeable at pleasure
from his office of Chief Justice, as was his predecessor
Tuckett, to make room for him). 5. Attorney. General
Dowell O'Reilly. 6. Do. M'Dowell Grant, Collector
of his Majesty's Customs in Kingston.—These five—viz ,
2,3, 4,5, and 6, are all officers of the Crown, receiving
the means by which they live from the Government, and
are removeable at pleasure. The 2d, 3d, 4th, and sth,
are strangers in the Island, having neither affinity in
Wood nor community of interest or property with any class
of the Jamaica people.
" 7. James Gayleard, Master in the Jamaica Court of
Chancery.—His means of living could at any time be
taken a*ay by the Governor, who is also Chancellor.
" S. Samuel Jackson, Captain of a Fort, and Clerk of
the Peace for Trelawney (No. 8, office of Captain of a
Fort, is held at the pleasure of the Governor). 9. Wan.
Rowe. 10. Robert Moulton, formerly the Master of an
African slaver.—Nos, 8. 9, and 10, are •rn, and, if
not in the Council, would •'••.

a a • * • • •
" Thus the Legislative Council of Jamaica is composed
of ten Members, holding their offices as legislators at the
caprice of the Ministry for the time being, on the recom-
mendation of the Governor for the time being, and of which
four are strangers, receiving pay from Government as high
public officers; one receiving pay as a Customs' Officer;
one receiving pay or salary as President, his office de-
pending upon his obsequiousness to Government; opt
receiving pay as an Island Officer, at the Governor's %.;11;
one a Master in Chancery, receiving fees, Governor
being Chancellor; two 4", in which situation are most
of the others who are not strangers.
" These ten gentlemen receive besides annually from the public the sum of 10,000/. currency, called the King's
Revenue Fund, but what they do with that sum is un-
known to the taxpayer!.
" To contend that this Council of tea, convoseJ of
tax-eaters, strangers, and a a a, is an exict representa-
tion of the House of Peers, and that, therefore, they ought
to originate laws, and try impeachments, is the perfection
of Colonial Government twaddle. Such a Legislative
Body is worse than the Representation of Old Sarum or
Cotton.
" As this document is submitted to his Excellency the
Governor, he can attest the accuracy of this analysis, the
truth of which no honest man can deny."
In point of fitness, then, it appears that the
Council are quite unfit to play the part assigned
to them by Earl Mulgrave, from the supposed
resemblance borne by them to the House of
Peers. But in all such cases, the practise ought
to go for much. Now it appears, first, that the
House of Assembly have been in the constant
practice of examining witnesses on oath and,

second!, that the Council: have —not,- for the
period. of 130_ years, attempted to originate bills,
though, it appears that the abstract right was
asserted in 1753. In order to justify the (4o-
vernor in disturbing this long .prescription, it
ought to be shown • that the privilege claimed
and exercised by the-House of. Assembly was
injurious to the public interest, and not neces-
sary 'to the protection• of the people of Ja-
maica, and that the constitution• of the Coun-
cil fitted it for the exercise of the right,
which has been in abeyance for 130 years. A
Statesman ought not-to alfow himself to be car-
ried away by fanciful analogies; and to suppose,
becatise there is a. House of Assembly and a
Council in. Jamaica,. and a House of COM.'
mans and a House of Peers in England, that
the former are identical with the latter. We
Yesterday observed, that we were not aware that
there were any particular funds at the dis-
posal of the Council in Jamaica, as there were
at .the disposal of the Councils in Canada ; hut
it -appears that we were mistaken.. There are
10,000/. currency at the disposal of the Jamaica
Council, and 'with respect to this the House of
Assembly have no cognizance. Wherever the
English Government is felt, corruption and
abuses of- all kinds. prevail. In all our colonies
the complaints are loud on that subject. In all
of them it would appear that the business of
those who gOvern is to create discontent in the
governed, and the money of England is ex-
pended in protecting a number of official
scourges, who, in the proportion in which they
are burdensome to the mother country, are in-
jurious to thecolonies. The inhabitants of the
English coldnies having been accustomed to pro-
fusion and extravagance, suffer much before
they complain. But it is not so with the con-
quered colonies. We received the other day,
" A Memorial -presented by the inhabitants of
the Mauritius, in support of their petition to
his Majesty, setting forth the sufferings they have
endured, the dangers they are exposed to, and
the rights' to which they lay claim." This pam-
phlet, to which valuable notes are supplied by
the translator, will easily explain why the inha-
bitants of the Mauritius are willing to risk their
all in a desperate conflict, rather than continue
to be plundered as they have hitherto been :
"In virtue," they say, of this solemn- transaction
(the Convention of 3d Dec., 1810), Mr. R. T. Farqu-
har took possession of the-Isle of France, as Governor,
in the name of his Britannic Majesty. He promised to
observe the conditions of the capitulation, which, lie said,
were most sacred. Numerous proclamations, published
after the capture, renewed the promises and engagements
contained in the proclamation secretly circulated previous
to it. Nevertheless, the system adopted by the Govern-
ment was in direct contradiction to those public assevera-
tions.• The colony soon groaned under the weight of an,
over-paid Administration, which worked piece-meal the
destruction of its laws and institutions (1). To pay the
enormous expense—the overgrown salaries of the new
Government--even the war-taxes were augmented, and
all the public burdens increased almostbeyond suffrance ;
whilst, at the same time, injustice went so far as to ex-
clude from every office those very inhabitants by whom
they were paid ; and that, precisely on the ground of their
being colonists. In former times .tlie colonists had been
preferied to their European fellow-eitizene, by virtue of a
Royal ordinance to that effect (2). Not so any longer.
Upon the new principles, a public servant of long
standing in the colony, having been dismissed from
his employment, and applying for a judicial situa-
tion then vacant, was informed by the Gover-
nor, that he should have it since lie had applied first,
unless some Englishman were found to be desirous of
it (3). Thus priority of application, or English extrac-
tion, stood instead of the qualifications required by the
Colonial law, to enter upon the important funetions of a
Judge (4). This disgraceful system endures to the pre-
sent day. The Colonists have been gradually 'expelled
from all public situations and offices of trust. , A few only
are permitted to act as inferitir clerks and writers; and in
such capacity to perform the duties of raw uneducated
English boys, sent from home to hold employments" Which
they are notoriously too ignorant to fill, and towards the
payment of which they contribute none of those taxes,
which are levied from the old colonial servants, to whom
they are preferred (5).
Thus it is that in the Church, the highest places are
filled and the richest living enjoyed by clergymen foreign
to the colony, and for the most part incapable of convey-
ing the message of the Gospel, in the only language under
stood by the prop eof Mauritius. Great scandal has been
the consequence; and religion, far from gaining, has of
necessity lost ground (6). The Courts of Justice have
fated, if possible, still worse. Men without any OeiOus
study even of the laws of England; have been appointed to
apply the Fench colonial laws, which they were unable
to read (7). So far has this been carried, that in
the Supreme Court there now remains but one of
our ancient colonial magistrates (8). The doctrines and
traditions so carefully transsnitnd by tie bench, and
geoured as the safeguards of its dignity, and of the im-
partislity of justice, are lost upon persons new to our
country and our manners, who are either ignorant of their
,eisterwe, or regard them with the prejudices of their
,edna,ation. The municipal power is no longer intrusted
to Ow bands of the Magistracy, but to military men, re-
cruited from the garrison (9). The colemy had main-
tained by voluntary contribution, a fund for the relief of
the indigent ; and the care of it was confided to it Com-
mittee of Colonists.- Thoy were superseded in their
charge by public officers, and in no long time the coffer was
found to be empty. A fresh tax, in bumble imitation, it
is presumed, of the English poor rates, was then laid on
the already over-burdened planters. All trades and
handicrafts were converted into moropolies, and exercised
only by license of Government : licenses for printing—
licenses for vending ardent spirits—for plying boats in
the harbour—for fishing in the oteeks and bays. Ant
these privileges were sold at a rate which, in every case,
was enormous. Old colonial servants, suddenly dismissed
from their employments, could obtain no retiring pension.
The schools of the colony were neglected. Judges, who
in no country are removeable at pleasute, were wantonly
driven from the beech (10). Under the Government of
General Hall, a citizen died in prison, before the %% arrant
for 'his commitment had been 'signed by any Magis-
trate (11). Others have been transported from the co-
lony without trial (12). In one word, no abuse of power,
no vexation, nor any humiliation or outrage has bob
spared. The Colonists have tasted of all the bitterness of
despotism, and can prove it by numerous and well-authen-
ticated facts. Of these their grievances, a summary was
laid before the Secretary of State, in the year 1831.
" At the same time that the laws and constitution of
the •colonists were destroyed, fresh and heavy burdens
were laid upon them. New ordinances were issued, in
the framing of which they had not even been consulted.
Some of them were iirwraeticable, some humiliating;
and others *such as to bring into peril both their property
and lives."
These are the consequences of our colonial
system, by which multitudes of men, necessarily
rapacious to meet the wants created by their
extravagant and expensive habits, are thrown
non the defenceless colonists. Even the fund
f„c the; relief of the indigent at the Mauritius
was-iaot he:;.l sacred. In 1830 appeared a pub-
lication, in two volumes, of " Travels through
(1) See more ehAn 000 Proclamations and Ordinances pub-
:lsbell since 1810.
(2) Ordinance of Ist October, 1766, Art. L :—" We reberve
unto ourselves," says the King, 0 the right of giving a prefe.
rence to Colonists duly qualified." .
(ay A Siviss newly arrived from England. appeared next day
as a candidate, and was preferred in spite of his profound

ignorance.
(4), Ordinanceof Ist October, 1766.
(3) But for this system of Goverhment, all public duties'
would be better Performed, and cost one half less.
(6) The Ecclesiastical Superior, an English Priest, has inist!
fled clandestinely from•the island, a' bankrupt to hundreds of
creditors, and to the Church itself!
(7) Chief Judge George Smith was deaf—Judge Christie I
was ignorant of French law.
(8)` Judge Virieux, who counts forty years' active judicial-I
service. •
(9) Mr. Finnis, now Commissary-General of Police, was
Paymaster in the 56th Regiment.—Mr. Lay, his Assistar.t, was
Captain of Grenadiers in the ‘2l.)d.
(10). Judge Bayard and others. lie was taxed with being
deaf. But Chief Judge Smith was still more so,and, we may
• add, inora ly blind.
• (113. Cuvillie.

Cl 2 'Perrot, lonngron.

?he Crimea, Turkey,..anti - performed
during the years 1825.28„&c., by the late
James Webster, Esq., of the Inner Temple."
Mr. Webstergives an account of Malta, which
is almost a counterpart of that of the Memorial
of the Colonists of the Mauritius.:—

-•
" Official functionaries (he says) are found at Malta in
most unnecessary numbers ; sufficient, indeed, to manage
the interests of an empire—heads of Government depart-
ments made, all English, with salaries of from 2001. to
1,5001. a year, exist in careless indolence, living instance-,
of the liberality of the mother country, which pampers
such excrescences. How should this be otherwise, while,
not to mention the unbounded influence of the Colonic'
Secretary or Sovereign, every new Govercor of a Colony,
feeling an anxious and natural solicitude for the advance-
ment of his family interests, must, if there be not a
place vacant, make a • new one for his purpose? People
at home, have little or no notion df that manner of
administering colonial affairs which entails such enormous
aid needless expenditure upon the moth Ir. country. By
the present system, neither Britain nor her possessions are
. benefited ; the only advantages of it ate reaped by the
Government officers, and to say truth, ' the harvest is
indeed great,' and the labourers not a ' few.' Let us
take the instance more immediately under consideration
hen.. The revenue of Malta, even in these times of
commercial distress, amounts to about 110,0001. a year;
nearly every shilling of which is spent in salaries to official
gentlemen, for the seldiers are paid from borne, as are also
the people employed in the Ordnance,. Docks, &c. No
useful works are carried on by ihe Government, either for
the comforts of the Maltese, car the security of Malta; bur
every possible opportunity is seized for appropriating money
in patronage, that ia, in paying salaries to persons,whose only
claim is family connexion, or interest with the powers that
he. Would it be believed in England that the property or
rental of the Maltese University has been appropriated
to the service of the Stale, leaving only a small annual
pittance for the purposes of the establishment Can
such an act receive the sanction of the Ministry at home ?
A new state of things is absolutely necessary at Malta.
The island cannot pay the expenses of being governed
after the present fashion. Half the people now employed
might be advantageously spared, and the salaries of those
that remain should be reduced one half, not excepting that
of the Governor, whose 7,5001. a year is a most incon-
gruous allowance for such an island as Malta. We have
an excellent natural opinion of ourselves, and of every-
thing connected with our laws, institutions &c. ; and
with reason. But the laws and institutions which are
so advantageous at home, have not an equally good
effect when partially and injudiciously introduced among
our colonial subjects. Englishmen doubtlessly be-
lieve that Malta enjoys ever possible privilege and
advantage under English rule—they may be assured
that it does enjoy all the privileges and advantages which
would speedily lead to a new performance of the Sicilian
Vespers, were not the natives well aware that England pos-
sesses the dominion of the sea, and that consequently every
attempt at shaking off the yoke must prove abortive. The
island could not po.sibly be worse governed than it now
is. tt "t Nor is it the least grievance in the
eyes of the Maltese, that they are shut out from the posts
of honour and emolument, whieh are exclusively filled by
English emigrants. With regard to the poorer classes in
Malta, their situation and prospects are truly frightful.
Numbers die of starvation—many are brought to the hos-
pital ill of fevers, arising solely from want of food, and
the faithful and well-disposed population of this once flou-
riahing island, are, it seem', to be offered living victims
on the altar of pampered end wasteful luxury."
Such is English Colonial Government, and
such we fear it will remain. The measure of
the rapacity of Government is the measure of
the patience of the governed. What are the
robbery of the poor, the appropriation of the
funds •of Universities (the Jesuits' estates for
education in Canada, are another instance).
compared with the providing for the scions of a
rapacious and profligate aristocracy? As was
once said by an admirable writer in the Edin-
burh Review, now a dignitary in the. Church,
wherever there is a rock in tile ocean, it is oc-
cupied with a view to, supply tire means of ex-
istence to the children of the English aristo-
cracy. That Earl Mulgrave has been prudent
in drawing attention to the grounds of collision
between the Council and the Assembly in .Ja-
-maica few will be bold enough to affirm. That
benefit will result-from the exposure we believe.
Nothing but exposure will shame the rulers of
this country into anything like decency in the
government of the dependencies of the empire.
--Morning Chronicle.

• Ireland has for many years illUstrated in a'
striking manner the truth that " political rights'
are nothing without political power to protect
them." The Act of 1793, amongst other pro-
visions of much apparent liberality, made Roman
.Catholics eligible as members of the several cor-
porations. So far the principle of the Act was '
just ; hut what was the practiCe under it ? Catho-
lics, to besure, became " eligible," and nothing
was wanting to get them' elected but a clause
compelling the old corporators to elect them.
That want, however, was a fatal want. The
old corporators, to a man, were Protestants ; and,
to the extent of their power, .Protestant, they
resolved that the whole Constitution should re-
inain,•in spite of the permission granted by Par-
liament that Catholics should be allowed to enter
the municipal bodies of Irish towns, provided they
were able. In the absence of this compulsory
clause, the Protestant _ corporators maintained
their monopoly undiminished. With exceptions
hardly worth notice from their scarcity or insig-
nificance, all, save Protestants and furious Orange-
men, were excluded rigorously from the corpora-
tion of Dublin and the other great cities. The
consequence was natural enough.: the corporate
towns of Ireland were the closest boroughs in
the empire, and, so far as regarded the muni-•
eine] franchise held out to Catholics, the Act of
1793, down to the date of the Reform Bill itself,
was no more than a dead letter. But there are
corporation grievances, as is well known, which
even the Reform Bill has not entirely redressed.
The establishment of a property qualification
has released
.the House of Commons in some
measure, both in Ireland and here, from the
clutches of the corporate monopolists; but the
principle of self-election still subsists, to vitiate
and degrade the in-door character of the corpo-
ration, and so to perpetuate the local wrong after
the general abuse has been corrected. In most
of the corporate towns of England this grievance
operates most sensibly. A letter to the Liver-
pool Mercury of last Friday exhibits the work-
ing of " self-election" in sufficiently glaring
colours. It thence appears, that after five
years since the repeal of the Test Act, and more
than three since that of the Catholic disabilities,
not one Catholic or Dissenter has been ad-
mitted into the corporation of that vast commer-
cial town. -Now, when we all know how mixed
is the population of Liverpool—we mean the
wealthy, intelligent, and enterprising population
—and that all religious classes of the Liverpool
community are equally well entitled to have their
local interests represented by the depositaries al
local power, surely the justice Of the case cannot
be satisfied by an exclusive admission of one
order of refigioni,ts to a trust which ought to be
supported and continued only for the benefit of
the wNole. We believe that the evil can be re-
' moved no otherwise than by a general Act for
the opening of all corporations, either to re-
gistered voters for Members of Parliament, or
to householders, as in former times. Too much
local patronage is in the hands of those who
possess the existing monopoly, to admit a hope
that they will spontaneously relinquish or share
it with :the bulk of their fellow-citizens. The
• Legislature therefore will be compelled to act,
and, as in :the case of rotten boroughs, to reform
the colporitions of the kingdom by some coercive
•