The Sun.
London, England, 1850-04-23 00:00:00

THE SUN, LONDON, TUESDAY EVENING, APRIL 23, 1850.

one immediately following the; other, and in their
movements having all the appearances of a single
animal. The largest whale, which was calculated to
be about sixty to sixty-five feet, and the head of which
was several times raised about six feet out of the
water, had below the mouth what resembled a white
beard, the ' floating mane' so often described as be-
longing to the sea-serpent."—Liverpool Albion.

LAW INTELLIGENCE.
COURT OF EXCHEQUER, April 22.

BREACH OF PROMISE OF DIARRIAGE.—ADAMS V. GIBBS.
This case was tried before the Lord Chief Justice
Wilde at the last assizes at Maidstone, and a verdict was
found for the plaintiff—damages 8001.
Mr. Sergeant SHEE now moved for a rule to show
cause why the verdict should not be set aside, and a new
trial had, on the ground of misdirection, and of the
damages being excessive. This was an action for a
breach of promise of marriage. The defendant
pleaded that he did not promise; that the plaintiff was
not ready and willing to marry him; that he had no
notice of her readiness or willingness; that the plaintiff
did not request the defendant to marry her; that
a reasonable time had not elapsed after the promise,
and that the plaintiff was afflicted with a certain incurable
disease called consumption, of which the defendant had
no knowledge at the time he made the promise, but was
afterwards informed of it. The plaintiff was a young
woman about 24 years of age, and was the daughter of
a farmer. The defendant was a farmer and a hop-
grower, residing in the immediate neighbourhood of the
farm occupied by the plaintiff's father, and was 49
or 50 years old. These two farms belonged
to the same landlord (Lord Gainsborough), and were
about three or four miles apart. It was not proved that
the defendant was possessed of any property beyond the
interest which he had in the farm. It appeared that
there had been some intimacy between the de-
fendant and the plaintiff's family for a considerable
time previous to the month of September, 1848,
but it was not till that month that the defendant made a
proposal to the young lady, and was accepted. The
father was called at the trial, and he stated that the de-
fendant inf aened him on the following day of
what had occurred, and that he had consented. No
correspondence had passed between the parties, but it
was shown that the defendant heel his house
newly furnished, and had his initials and those of his
intended wife engraved on the plate which was presented
to him by his friends, and had gone the length of tieing
an early day, viz., the 16th of Dec., for their marriage.
It was arranged that the marriage should take place in
London, and accordingly the defendant went to town and
stayed the necessary time to admit of his getting a
licence. In the meatainae, however, he was requested to
attend an appointment of the solicitors of the plaintiff's
family, on the lath of Dec., for the purpose of making
some arrangements respecting the marriage settlement.
It was proved that; be plaintiff did go down as far as
Reigate, but it seemed a change came suddenly over his
mind, for he returned back to London, and
went on a voyage to America, and was not
seen or heard of until six months afterwards. There
was evidence also to show that he had actually obtained
the licence, and had ordered the wedding break-
fest at Morley';; Hotel, Trafalgar-squure, and
from the date of the proposal until his sudden dis-
appearance he had conducted himselk in every way
like a man who fairly and honourably intended
to fulfil his promise. He (Mr. Sergeant Slice) was
instructed t) state that the defendant had not the
sli,ghtest wish to cast any imputation on the young
lady or her family, and his sole defence was,
that the short interval which elapsed between the
proposal nod the di.saapointment, had brought
to his knowledge matters which showed that she was in
a state cf health which would render it not only impru-
dent and unjust to contract marriage as far as he was
concerned, but also as regarded the plaintiff, and any
children which 'eighth° horn. And the misdirection which
he (Mr. Sergeant Shea) had to complain of, was that the
Learred Judge told the jury that there was no evidence
to prove the plea alleging consumption. The evi-
dence which he submitted substantiated the plea,
which was as follows :—ln 1846 the friends of
the young lady consulted Dr. Taylor, an eminent
physician at Maidstone, respecting her complaint.
Her father had then lost two daughters of consumption,
one aeed 20 and the other 22, and he had a son who was
killed by accident on board a ship while on a voyage to
a warmer climate, where he had been recom-
mended to go
,in consequence of his medical
advisers appreheneing consumption. It appeared that the
plaintiff was staying at Hastings from the autumn of 1846
to May, 1847, and while there, suffered get atly from
debility and was subject to fainting fit:, and was only
able to take exercise to a very slight extent. It ap-
peared further, that she was in the habit of taking quan-
tities of cod liver oil, which was generally prescribed for
consumptive persons.
The CHIEF BARON could not think that these facts
went to prove that the plaintiff was suffering from con-
sumption. There was a great differ:trice of opinion
among parties, even supposing her complaint to have
any existence, whether or not a man could under such
circumstances be liberated from his promise.
Mr. Sergeant tE.:HEE said it was clear that she would
be unable prot.erly to discharge the duties of a wife
while afflicted with such a complaint. Besides, the de-
fendant was old enough to be her father, and it was his
duty t see that he did not inflict distress upon others as
well as himself. To marry and have children which, on
arriving at 12 or 15, were carried to the grave, was about
the most selfish and immoral thing a man could do,
especially when ho knew his bride's health was likely to
prodeee such a state of thins.
Mr. Baron PARKE said a man Must take his chance,
and if he chose to break his promise he must be held
liable for the injury to which he had given rise.

Mr Sergeant SHEE said there yns—suruly an implied
condition when a promise was made that the parties
were fit fur the married state. A man or a woman had
no right to bring children into the world afflicted with
an incurable disease.

The CHIEF BARON intimated that the Court was of
opinion that the plea had not been sufficiently proved to
grant a rule upon that paint.
Mr. Sergeant SHEE then moved on the point of da-
mag.,s, stating that the defendant depended entirely
upon his farm for subsistence, and was not worth
7,000 L, as had been erroneously stated. He was willing
to give the plaintiff 5004 but 8001., he thought was more
than she was entitled to. The plaintiff could not have
sustained much damage, for what advantage would a
young woman have by marrying a man of fifty? He
(Mr Sergeant Shea) considered she was much better
witnout him.—(Laughter.)
The CHIEF BARON—It is very well for you, who are
nnd2r fifty, to say so.—(Laughter.) We will consult
Lord Chie Justice Wilde before we give our decision.
O'CONNOR V. BRADSHAW.

Mr. Sergeant Wlmums moved to set aside the verdict
entered for the defendant in this case (which was an
action for libel), on the grounds that evidence had been
very improperly rejected, that the jury were misdirected,
and that the verdict was against the evidence.

The Learned Sergeant rlad not concluded his applica-
tion when the usual hour for adjournment arrived. The
motion will be proceeded with at the bitting of the Court
this day (TueEdAy).

POLICE INTELLIGENCE.
WORSHII'-ayeaßEJaEmTes Engley, was.
A middle-aged man, n
placed at the bar, before Mr.Arnold,A
having stolen a number of gold and silver watches,
the value of 701., the property of his late of
employer,
Mr. Reuben Levi, a watch manufacturer in Wilson-
street, Finsbury-square.
The prosecutor atated that the prisoner had been
for a considerable period in his employment as fore-
man, and so high an opinion was entertained of his
integrity, that the whole of his business and premises
were entrusted to his entire superintendence when-
ever he had occasion to leave town. On returning
from a visit to the country in the early part of last
year, he found that the prisoner, whom he had left,
' as usual, in charge of the business, had absconded,
and upon examining his stock in the warehouse he
discovered that four flat gold watches, and a number
of cases and other portions of watches, had been
stolen. Information of the robbery was immediately
communicated to the police, and through the exer-
tions of Sergeant Harvey, of the G division, the whole
of the missing property, with the exception of one of
the watches, was traced to the shop of a pawnbroker
' in the City-road, and from whom it was ultimately
recovered upon payment of half the amount for which
it bad been pledged. The prisoner, however, bad
ever since succeeded in eluding pursuit until Satur-
day, when he was accidentally met with while emerg-
ing from one of the law courts at Westminster, and
taken into custody.
Mr. Wood, a pawnbroker in the City-road, proved
that
the property in question had been pledged at his
shop at various times, for
sums in the whole amount-
ing to 501., and d identifie •
the prisoner, who passed
by the name of Thompson, as the person who
pledged it.
Sergeant Harvey stated the prisoner, that
upon
being brought to the station-house, fully admitted his
guilt, and expressed his satisfaction
captured, as he declared that he hadat having been
not tasted food
for two days, and had wandered about the streets the
whole of the preceding night with out the means by
which to procure a night's lodging.
The prosecutor intimated that he bad '
attendance who could also establish several
lnesses in
embezzlement against the prisoner ; butrthactase's of
was imperatively compelled to leave town immediatelyashe
he considered it would be most advisable to prefer an
against him for that offence at the Centralal
Criminal Court, in the event of his escaping from
present charge.
The prisoner declined offering any defence, and was
fully committed to ate for tria
SNOUTewgHWARK.I.
Yesterday Jane Butler, a woman between 30 and
40 years of agef was brought up from the infir
• mary
of St. George's workhouse, and placed at the bar be-
fore Mr. A'Beckett, charged with stealing a purse,
containing 50 sovereigns, a 10/. Bank of England
note, and some silver, among which were two six-
pences with holes in them, the property of Mr.
Samuel Buckmaster, wholesale warehouseman.
The prisoner was labouring under such serious
indisposition that she was obliged to be supported
into court, and sat down during the examination.
Mrs. Harriett Buckmaster stated that she occa-
sionally employed the prisoner` to assist in her do-
mestic affairs, and that on Saurday, the 16th ult ,
she was at her house in Snow's Fields, Southwark.
In the course of the afternoon of that day the pri.

soner went up stairs to make complainant's bed, and
not coming down again to tea it was found that she
had secretly left the house. When the complainant's
bedroom was subsequently examined, it was then dis-
covered that two of her trunks had been opened, from
one of which a purse contain; 501. in sovereigns, a
101. Bank of England note, and some silver, was
stolen. She added that the keys of the trunks had
been left by her by mistake in the bedroom pre-
viously to the prisoner having gone there, and that
subsequently to the prisoner having absconded with
the money, the keys were found underneath the bed.
Immediately upon the discovery of the robbery in-
formation was given at the station-house, together
with a description of the prisoner; and she (com-
plainant) did not see her again until Thursday last.
She further stated that she should be enabled to iden-
tify the 10/. Bank of England note, as it had the name
of Gibson endorsed on it, and there were also two
sixpences with holes in them. _ She heard the pri-
soner say, when taken into custody, that the greater
part of the money she had stolen was afterwards
plundered from herself by the people of the house in
which she took up her abode on absconding.
Policeman Potter, 212 K, stated that on Thursday
last he took the prisoner into custody at a lodging-
house in Bluecoat-fields, St. George's-in-the-East,
where he fnind her apparently labouring under de-
lirium tremens, and she at first said her name was
Williams, but after wards admitted that she was the
person who had taken the money belonging to the
complainant. He then proceeded to examine the
room, and found a purse under the bed, containing
three sovereigns and some small coins, amongst which
were two sixpences with holes in them. Knowing
that a 101. Bank of England note was amongst the
money that was stolen, he first asked the landlady
of the house, who was present during the whole
time, whether she had seen it ; but she declared
she had not, and that she knew nothing about
it. The prisoner, however contradicted the asser-
tion, upon which the landlady then confessed that
she had deposited the bank-note in the hands of a
publican fur safety, adding that she did it at the pri-
soner's request.
Inspector Town informed the magistrate that it had
been ascertained that subsequently to the robbery at
the complainant's the prisoner immediately went off
to the east end of the town, and engaged lodgings in
Blue-coat-fields, St. George's-in-the-E Ist. The
people of the house, finding that she had a large sum
of money about her, contrived to obtain possession of
the greater portion of it by hocussing her, and re-
ducing her to her present dangerous condition of
health. He added that cut of the fifty sovereigns only
three were recovered, the remainder having been
taken from her from time to time since the 16th of
Mach by the landlady in whose house she lodged.
The purse, with the three sovereigns and silver,
amongst which were two sixpences with holes in
them, was produced ; and the complainr.nt identified
the parse and sixpences as forming part of the stolen
propt-rty.

- William Smith stated that he is landlord of the
Royal Sovereign public-houie in Blue-coat-fields.
and that on Thursday morning last the landlady of
the house where the prisoner lodged called upon him,
and producing a 101. Bank of England note, reTtested
he would take care of it, saying that it belonged to a
female of her acquaintance who had recently come
from Ireland, and that being in bad health she wanted
to keep the 101. to put her in the ground in case she
should die. He received the bank-note under these
circumstances, and the woman who entrusted it to
him had since called at his house and obtained 10s.
out of the money.
Mr. ATECKETT inquired where the note was ?
The witness replied that he had since paid it to his
brewer, but that he had every expectation of being
enabled to have it restored in case it should be re-
quired. He added that the name of Gibson was en-
dorsed on it as decribed by the complainant.

Mr. ATECKETT gave directions that the landlady
cf the house where the prisoner lodged should be
taken into custody, and in the meantime remanded
the prisoner, who was conveyed back to the infirmary
of the workhouse, as she still continues so extremely
ill, in consequence, as she asserts, of the deleterious
ingredients mixed in the liquor with which she was
plied in the lodging-house.

IMPERIAL PARLIAMENT.

ROUSE OF LORDS, Aprzl 22.
Lord LANGDALE (in the absence of the Lord Ch.-Ai:moi-
ler) took his seat on the Woolsack shortly More Five
o'clock.

Lord BLANTYRE took the oaths and his seat as one of
the representative Peers for Scotland.
SMOKE PROHIBITION BILL.

This Bill went through Committee after a short dis-
cussion, and was ordered to be reported.
PETITIONS.

The Earl of HARE WOOD presented petitions from
various parts of Yorkshire in favour of a modera?e duty
on corn.

Lord REDESDALE presented petitions from various
places against Sunday labour in the Post-office.
The Dake of RICHMOND presented a petition from
Chichester in favour of the claims of the assistant-sur-
geons in the navy ; also several petitions against Post-
office labour on Sunday.
AUSTRALIAN CONSTITUTION.

Lord MONTEAGLE, after presenting several peti-
tions, asked the Secretary of State fur the Colonies, the
question of which be had given notice, namely, whether
any further dispatches had been received from New
South Wales and Western Australia on the subject of
the proposed change of the constitution of those pro-
vinces; and whether it is the inteation of the Govern-
ment to recommend any Bill fur forming a new consti-
tution for those provinces without the production of
further information on the subject.

Earl GREY stated that when the Bill came up from
the House of Commons he would state what course the
Government intended to pursue. As yet he hal not
received any information from New South Wales or
Western Australia other than that which was already
before Parliament.

Af,er some observations from Lord STANLEY and
Lord MONTEAOLE the subject dropped.
IMPORTATION OF SHEEP AND CATTLE.

The Duke of RICHMOND moved, pursuant to no-
tice, for the appointment of a Select Committee to in-
quire into the operation of an Act to prohibit the im-
portation of sheep, cattle, and other animals for the pur-
pose of preventing the introduction of contagious or in-
fectious diseases (11 and 12 Viet., c. 105), with a view
of rendering its provisions more efficient than at present.
As he understood his Noble Friend did not intend to op-
pose the motion, he would not detain their Lordships;
and he would, to show that ho did not intend, this motion
to be of a party charactr, leave the nomination of the
Committee to his Noble Friend.
The moton was then agreed to.
IRISH POOR-LAW COMMITTEE.

On the motion of the Marquis of WESTREA'riI, the
Committee to inquire into the allegations contained in
the petition from Carrick•on-Shaanou, presented on
Friday, was nontinatee.

SCIIOOLS DISTRICTS CONTRIBUTIONS BILL.

On the motion of the Marquis of LANSDO WNE
this Bill passed through Committee.
Their Lordships then adjourned.

ROUSE OF COMMONS, April 22.
The SPEAKER took the Chair at five minutes before
Four o'Clock.

PETITIONS.

Mr.' G. DUNCAN presented a petition from the
Convention of Royal Burghs of Scotland, held at Edin-
burgh a few days ago, against the Public Health (Scot-
land) Bill; also a petition from the Presbyterian Con-
gregation of Broughty Ferry against Sunday labour in
the Post-Jfice.
Sir JOSHUA WALMSLEY presented a petition from
Bolton, praying (inter alitt) for the abolition of be
Irish Cburch Establishment.

Mr. WILLCOX, prey anted a petition from the mem-
bers of the Society of Friende, at Southampton, p;ay-
ing for the abolition of church-rates; also a petition
from the same place praying for the cessation of Sunday
labour in the Post-office.
Sir H. WILLOUGHBY presented a petition from
Evesham praying for the cessation of Suudey labour in
the Post-office.
Lord HOTHAM presented similar petitions from
places in the East Riding of the county of York.
Mr. ELLIOT presented a petition in favour cf the
Ten Hours Bill from a place inaudable in the gallery.
Mr. CHRISTOPHER presented a petition► from the
Spilsbury board of guardians praying for the reduction
of the selaries of poor-law officers, in consequence of
the agricultural distress in that part of the country; also
a petition from Gainsborough, agteed to at a public
meeting, complaining of agricultural distress.—(" Hear,
hear," from the Protectionists.)
Mr. FARRER presented a petition from Stockton-
upon-Ties against the Secular Education Bill.
Mr. SLANEY presented a petition from Salop pray-
ing for the abolition cf. church-rates.
Mr. CROWDER presented petitions from Liskeard,
one praying fur the abolition of capital punishments, and
another praying that no more licences may be granted to
beer shops in that town.
Mr. SHARMAN CRSWFORD presented a petition
from Lisburne against the Landlord and Tenant Bill.
Mr. P. SUROPE presented a similar petition from
Tipperary.
Mr. COBDEN presented several petitions from York-
shire against the Ten Hours Bill.
Sir JAMES GRAHAM presented a petition from a
place in Cumberland in favour of the Ten Hours Bill,
but praying that the House may adopt the principle of
an eleven hours' continuous labour as a compromise.
Mr. LASCELLES presented a petition from a place
in Yorkshire in favour of agricultural protection.
sir. ALEXANDER IiASTIE presented a petition
from Glasgow against the Bill for legalising marriage
with a deceased wife's sister.
An immense number of petitions were presented
praying for the cessation of Sunday labour in the Post-
office.

Lord DUDLEY STUART presented a petition from
an individual whose name was inaudible in at, gallery
against intramural interments.
Mr. BROCKLEHURST presented a petition from
Macclesfield praying the House to pass some measure
to abolish the shift system.
Sir W. MOLESWORTII and Mr. HEALD presented pe-
titions to a similar effect.

Mr. COWAN presented a petition from Berwick
praying for the abolition of the punishment of death;
also a petition from Edinburgh praying for an alteration
in the Scotch poor-law,
Mr. HUM.E presented a petition from several indi-
viduals connected with a benefit society complaining
that the funds were illegally detained by one individual,
and praying that the House would extend the jurisdic-
tion of the county courts, that they might sue the
individual without going through the expensive process
of filing a bill in Chancery ; also a petition from a single
individual praying the House to pass the measure for
secular education. _

Sir R. PEEL presented a petition from Tamworth
praying the House t) pass some measure for the regula-
tion of railway funds; also a petition from Jamaica com-
plaining of the infraction of the treaties to suppress the
slave trade by Spain and Brazil; and a petition in favour
of Lord Ashley's Factory Bill.
Sir G. GREY presented a petition from the parish of
St. Leonard in favour of_the..Metropolitan Interment Bill.

I exist respecting it. He was not quits sure that without
such exielane!ion the Bill weuld be intelligible te the
country.—(Hear.) With that general understanding
he would make the explanatory statement befere the
first order of the day on that day wee,k.—(ifear.) He also
proposed to give notice, a; his Noble Friend had pro-
! mised for him, of the ceuree he meant to take in respect
to the Stamp Duties Bill. The House was aware
that they had gone through the clauses of the Bill.
Although imperfect as these clauses might be, yet there
Was only one amendment made in them. The firet item
in the schedule was the proposition of a stamp duty
upon bonds and mortgages. Whatever applied to one
applied also to the other. The proposal which he had
first made, and which stood in the original Bill, am
per cent. He received several deputations on the subject,
and many representations had been male from parties
who considered that they would be mere injured by the
operation of the Bill than any others,—he meant the
great railway companies, who believed that the measure
would inflict a great hardship on them. It did seem to
him that these parties would certainly be more injured
by the scale originally proposed, and that was the
reason why he announced his intention to pro-
pose that the due), should be one-quarter in-
stead of one-half. The House, however, thought
otherwise; and a motion was carried which reduced the
duty to one-tenth per cent. The actual vote the House
then came to would reduce the duties on all securities
and bonds up to 50/. to Is. If that proposition
was to ho carried out—if a similar priniciple was to be
applied to stamp duties upon a'l conveyances, he was
sorry to say that it would inflict such a loss upon the
revenue of the country that, however unwillingly, he
should be compelled to abandon the Bill altogether.—
(1-lear, hear.) He held in his hand a report from the
Inland Revenue, which he would lay on the table of the
House as soon as it was printed. This report would be
in the hands of Hon. Members very shortly. The ob-
jections of Hon. Members against the Bill were not so
much in reference to the amount of the stamp duties,
hut as regarded their uniform rate, or per tentage, being
pursued to a higher amount, us it was considered that they
would cause a very heavy pressure upon them. It seemed
to be the impression of the House that a graduated scale
should be proposed. The present duty was on a graduate l
scale, but it was graduated the other way precisely, being
infinitely heavier on small amounts than higher ones.
If a man borrowed 101. now, he paid 10 per cent.; if he
borrowed 100,0001., he paid 60. per cent. There was a
graduating scale pressing severely on the poor. He did
not propose to ask of the House to increase the scale
for a higher sum than was already stated; but unless he
c obtain that which would produce a quarter per
cent. he could not forego the revenue he had mentioned.
What he had proposed to do was to relieve all borrowers
up to 3,2001., and beyond there would be some increase.
Its confessed that he thought it would be hardly fair
that the duty should l. ,e carried uniformly up. Ho in-
tended then to abide by the ls. for sums under 501, and
to rise Is. 60. upon every 25/. up to his own scale of
2001., and then carry it ueiformly up to 100,0001. In the
present scale of dutiee"there was a limit on conveyances
of 1,0001. for 100,0001., which was 1 per cent. He
intended to adept that sum, and combine it
with the maximum duty which one would have to pay
on borrowing 100,0301.—that would be 250/. With re•
gird to some other questions which had been put to him
by the Hen. and Learned Member (Mr. a-tunings), it
would be found that he had acceded to them with some
slight variations. He also meant to ascent to what had
been said on the auhject of agreemeats; and as to the
point that had l een urged respecting settlements and
capitalised annuities, he did not propose to insist upon it.
There were, hoe ever, some stocks that were now ex-
empted from duties, and which, consistently with other
articles, ought to p:3, duties. He now laid on the table
the report of the Commissioners of Inland Revenue on
the subject of stamp duties, and also upon mortgages and
conveyances, and reeved that it be printed.
Mr. MULLINGS asked whether 250/. was to be paid
upon 100,000/.?

The CEIANCELLOR of the EXCHEQUER—Upon
100,001 the Outy will be 2501.

Mr. GOULBURN asked, with respe•ct to contingen
annuities, if the Right lion. Geutiernaa proposed town.
tinue the duties?

Tho CH4.II.4CELLOR of the EXC FIEQUER proposed
to givo that up; he had toti.ted so two mioute3 ago.
Ito answer to Sir H. WILLOUGHBY,

The CU ANCELLOR of the EXCHEQUER said he
proposed to present a new scale; and from 200/. it went
on in regular progression—a quarter per cent. up to
100,0001., and there it stopped.
Mr. HUME said he understood, on the whole, there
would be a loss on the present scale. lie hoped tne
Chancellor of the Exchequer would reconsider his plan,
and not stop at 100,0001, because it would not be doing
justice to minor interests.

Mr. SANDARS wisht4:l to know if the Right Hon.
Gen:lemart intended to make any alteration upon bonds
and memorials?

The CHANCELLOR, of the EXCHEQUER replied
not beyond that stated in the schedule.
Mr. SANDARS gave notice that he would move the
duty be reduced to Is.
THE INDIANS AT HUDSON'S BAY.
Mr. CHRISTY asked if the attention of the Govern-
ment bad been called to a paragraph in the newspapers
with r( forence to a complaint by the Government of the
United States against the Hudson's. Bay Company es to
the supply of a large quantity of spirits to the native
Indians?

Lord PALMERSTON said it had come to the know-
ledge of the Government that the United States Go-
vernment had complained that the Hudson's Bay Com-
pany supplied the Indians with spirits as au article of
commerce. That representation had been referred back
to the Hudson's Bay Company, and their reply was that
the agents of the company did not supply spirits to the
Indians in any way at an article of commerce, but that a
very small proportion had beengive.n to tie hunters when
they came to the settlement, which he (Lord Palmer:ton)
might say was "drunk on the prernies."—(Llughter.)

VANCOUVER'S -ISLAND.
Mr. HUME asked whether the Noble Lord at the
head of the Government tad any objection to lay on
the table of the House a report of what proceedings
had taizen place respecting Vaecouver's Island?
Lord JOHN RUSSELL said he would inquire if
there were any papers on the subject, and if so, he
would lay them on the table.

institutions formed on the same basis as 'those
of other countries, and it was with that view
the Bill now before the House had been proposed.
He fully admitted the importance of extending the quali-
fication to the squatting interest. Ie the Legislature of
New Scuth Wales the popular members were as two to
one to the others; and they were able enough to bring
about any reform they wished. That being so, the
Government wished those matters to be as much
as possible effected by the colonists themselves.
For these reasons, therefore, he would far rather see
that question discussed and the measure originated in
the colonies.
Mr. ADDERLEY said the Government had clearly
given a constituent assembly which could not possibly
represent the feelings of the community.
Mr. WYLD said he could very well imagine the con-
stitution proposed by the Government might suit the
colony of New South Wales or Victoria, but here they
were legislating for a colony which was at this
moment exporting a large amount of convicts.
In the year 1842 Van Diemen's Land, to some extent,
had been in a state of prosperity, because they had
almoit altogether ce seed to send convicts there, but since
that time the tide of transpe tation had flown in there
with renewed strength; and since that time the free po-
pulation, he understood, were leaving the settlement with
all the speed in their power. Ho did .not think that the
present Bill gave sufficient control over the convict po-
pulation to the Government, and ,what he proposed to
do was to enable her Majesty and her successors to name
an executive council, consisting of the Chief Justice, the
Colonial Secretary, the Colonial Tres surer, and the Police
Magistrate, to exercise control over the convict population.
The Hon. Member concluded by moving a resolution to
that effect as an amendment on clause 7.
After a few words from Mr. MOWATT,
Mr. LABOUCHERE said he hoped the Hon. Member
would not at present persist in his amendment. Clause 7
was one which certainly ought to stand.
Sir W. MOLES WORTH said that the Under-Secre-
tary for the Colonies had not yet answered the ques-
tion which had been put to him by the Hon. Member for
Northampton.
Mr. HAWES replied that the new councils would
have no such power as the Honourable Baronet men-
tioned ; but that any measure for altering a constitution
would have to be sent home for the consideration of the
Colonial-office and the assent of the Crown, before it could
become law. Subsequently the Honourable Gentleman
directed the attention of Sir W. Molesworth to the
first part of the clause, which enacted that the proceed-
ings of the new councils with reference, to the altera-
tion of a constitution should be in accordance with
the conditions now by law required; " consequently,
whatever laws were passed with respect to an alteration
of the franchise, and the Secretary of State refused
to give them his sanction, this House would have an
opportunity of'questioning the decision of the Secretary
of State.
Sir W. MOLESWORTH—Then it followed that no
constitution could be established in the colonies untril
this Bill had been sent out, and they had agreed to a
constitution, transmitted it to the Colonial-office, and it
was sent back to them again. Thus they would no be
able to have a new constitution in a shorter period than
two years. He suggested therefore that they should not
now pass this portion of the Bill, but wait for further in-
formation frown the colonies.
Mr. HUME—The Bill gave the colonists the power
of basing the suffrage upon whatever principle they
pleased, and of framing whatever constitution they
might think fit. They would then send it home for the
approval cf the Government here; end this he thcruebt
would induee them to take greater care in its prepa-
ration.

Mr. ANSTEY said the colonies with which he was
acquainted would infinitely rather that this Bill should
be passad in its integrity than that there should
be even a month's delay to its progress. Ho thought
Sir W. Molesworth had not adopted a fair course
towards the louse and the Government in regard to
the Bill.

Mr. MACGREGOR said that no Bill would give
more satisfectiun to the colonies than this would; and he
could assure gentlemen who opposed it that they would
get little credit in Vale Diemen'a Lend for their op-
position.
Sir W. MOLESWORTH—Was it not the feet that
two years must elapse before a new Legislature could be
established in the colonies?
Mr. HAWES did not think it would occupy that.
space of time. Undoubtedly they could not prose e I to
legislate until the Bill-was passed. It would have been
passed last year but for the multitudinous amendments
which were brought forward.
Mr. ADDERLEY—It was clear that the plan of the
Government would create far more delay than any other
plan which had yet bsen suggested. Who was the origin
of the delay which had taken place but the Ministers
themselves? They had been urged to proceed with
the measure before Easter, but they delayed the &bate
a month or six weeks, in order to reproduce old dis-
patches, from which they could draw no information
whatever.
Mr. WYLD said he would not press the amendment.
It was accordingly withdrawn, and clause 7 was
agreed to, as also were clauses 8 and 9.
On clause 10, giving power to alter electoral districts
and the number o:, members of the Legislative Council,
Mr. ANSTEY moved the omission of the proviso at-
tached to the clause, which provided that one-third of
the members of the chamber should be nominees of the
Crown. The effect of his am,nciment would be to have
the absolute number of those nominees the same as now
proposed, but it would prevent the Government from
increasing that number pari passu with any increase of
the elected members which might be hereafter decided
upon by the colony in a future change of their constitu-
tion under the provisions of this Act.
Lord J. RUSSELL said the Act passed for New South
Wale in 1842, in conformity with which the present
measure was framed, provided that one-third of the
members of the Legislative Council should be appointed
by the Crown; but, of that one-third, only one-half
should hold offices of emolument under the Crown, so
that, in fact, the number of official members was only
one-sixth of the whole Legislative Council. That ap-
peared moderate enough, but if the Hon. and Learned
Member's amendment were adopted it would quite dis-
turb it.

Mr. MO WATT did not think it expedient to giro the
Committee the trouble of again dividing upon the point,
and he, therefore, suggested to the Hon. and Learned
Member to withdraw it, particularly as he himself (Mr.
Mowatt) proposed to offer an amendment on the report,
requiring that the nominated members should be only
one-fourth, on which occasion he meant to go fully into
the subject.
Mr. ADDERLEY approved of the suggestion of the
Hon. Gentleman (Mr. Mowatt), and charged the klon.
and Learned Member for Youghal (Mr. Anstey) with
inconsistency in the course he was taking.
Mr. ANSTEY defended himself from the charge of
inconsistency.

Mr. ROE-BUCK did not understand what the Govern-
ment meant by the proviso. He wanted to know why
they did not leave it to the Legislative Chambers and
people of the Australian colonies to decide the ratio
which should'hereatter exist between the members no-
minated by the Crown and those elected by the people.
Mr. HAWES, in reply, observed that they recant to
stand by the New South Wales Act, and adhere to the
proportion fixed therein, which had been found to work
well, and against whien no complaias had been made.
Mr. ROEBUCK could understand that reasoninr, if
this Act was meant to establish a fixed constitution for
the colonies. But no such thing was intended, and it was
required that in any tuture change of the constitution a
preponderating majority—he believed two-thirds—of the
chamber, should be in favour of it. Under these cir-
cumstance they ought to allow the colonists themselves
to fix the relative proportions of the two classes of Mem-
bers. It made him rather suspicious to find the Govern-
ment thus acting.

Mr. ANSTEY would not press his amendment alter
what had been stated by the Hon. Gentleman of pusite
(Mr. Mowat,.)
The amendment was accordingly withdrawn end the
clause agreed to.
Clause 11 was agreed to.
On clause 12, repealing so much of the sth and 6th
c. 76, as required all Bills altering the salaries of
judges to be reserved for the pleasure of the Crown,
Sir W. MOLES\VORTH inquired what was the
cause of this alteration. According to the clause as it
now stood, judges' salaries might be reduced in any of
the other four Australian colonies; while in Now South
Wales it could not be done without being reserved fir
the consent of the Crown. He thought the clauso ought
to be reserved for farther considerwion.

Mr. HAWES said the point had not before occurred
to his; but perhaps the House would consent to let the
clause stand as it was for the present, and, on the
report, he would see what could be done with respect
to it.

Mr. ROEBUCK urged the postponement of the clause.
Lord J. RUSSELL said it would always depend upo❑
the instructions of the Governor what Bills of that kind
he should give his assent to; and for his guidance in
this case it was proposed to repeal the restrictions exist-
ing with respect to New South Wales. He did not now
argue whether that was right or not. He only stet :d its
purport.
Mr. ROEBUCK again urged the propriety of post-
poning the clause for further consideration. The
Honourable Member also objected to the governors of
any of these colonies being empowered, without the
special assent of her Majesty, to alter any of the judges'
salaries. There was no principle more Important
than that judges' salaries should not ho altered while in
office.

Lord J. RUSSELL said the salaries ofexisting judges
would not be altered.

Sir W. MOLESWORTH said the clause did not agree
with the 17th clause, which gave the power of settling
the salaries of judges; governors, and "none other,"
were exempted from the operation. The clause made it
lawful fur the colonial legislature and the governor to
pass an Ant for altering the salaries of judges.
Mr. ADDERLEY said, that the alteration of judges'
salaries was entirely a local affair; and he thought it
would be better to leave that question as it was.
Lord J. RUSSELL should net object to a proviso to
tha effect that no alteration in the salaries of the judges
in existence should take place, and he would not oppose
the Hon. Gentleman if he proposed one.
The clause was then a'i•eed to.
Clause hi.

Mr. E. DENIsoN moved ai amendment on this
clause, " givii,g powor to t!:e separate colonies to ve:l,
lease, or otherwise dispsse of the waste lands of the
Crown in each several colony." It was desirable to con-
sider the land of the colonies as the inheritance of the
poor. The Govornunnt had left its disposition, how-
ever, to the federal assembly. and he (Mr. E. Denison)
did not believe it could be lel, in worse hesucts. The
Legislative Assembly of South Australia had expre3.fd
its opinion on the plan propcmed; and it was to the
effect that the federative assembly was of no manner of
use. The same opinion na.s expret;t;ed by the Gov,..;rnor
of Van Dieraerea Land, though the Noble Lord at the