Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-05-04

faction and PREPARATION, ships and vessels and car
goes, belonging to the Emperor Of China and his
subjects, shall be detained aud held in custOdy and,
that II such PREPARATION and satisfaction be refused by
the Chinese government, the ships and vessels and
cargoes SO detained and others to be thereafter de-
taned' shall be confiscated and sold, and that the
proceeds thereof shall be applied in such manner
Her Majesty may be pleased to direct: Her Males
~, therefore, pleased by and with the advice of
her PriVy council to order, and it is hereby order
ed that the commanders of Her Majesty's Ships of
war do detain and bring into port ali ships vessels
and goods belonging to the Emperor of China or his
subjects, or other persons inhabitng within any of
the countries, territories, dominions of China;
and in the event of such PREPARATION and satisfaction
as aforesaid having been refused by the Chinese go
vernnest, to bring the same to Judgment in any of
the courts OF the Admiralty within Her Majesty's
domInions; and to that end, Her Maes,y's Adyo-
cate General with the Advocate of the Admiralty
is forthwith to prepare the draft of a commission
and present the same to Her Majesty at this board
authorizing the commiss toner's for executing the Of
flee of Lord High Admiral to will and require the
High Court of Admiralty of Great Britain, as also
the several courts of Admiralty Within Her Majes-
tvs dominions, to take cognizance Of and udicialy
proceed upon ALL and all manner Of captures prizes,
and reprisals of all ships, vessels and goods, that
are, shall be taken, and to hear and determise
the same accordin. to he course of Admiralty ard
the laws of nations, to adjudee and condemn such
ships, vessels, and goods, shall belong to China
subjects of the Emperor Of China, or to any others
inhabitng within any OF his countries. territories, or
domnions; and that snch powers and clauses be in.
serted in the said commission as have been usual,
and are according to former precedents; they
are. Likewise, to prepare, and lay before Her
Majesty at this board. draught Of such
instructions, may be proDer to be sent to the
courts of Admiralty in her Majestys foreign Govern
ments and1pantations for their guidance heren and
the said commissioners are to give the necessary di
rections herein accordingly.
c. c. GREvILLE.
House. OF LORDS, April7th.-CANADA CLERGY
BILL.-The Bishop Of Exeter brought forward his
motion respecting the Clergy Reserves of Canada,
and concluded by moving resolution to the effect
OF annulling the recent act Of the Canadian Lcgis
lature, which interered with these Clergy Reserves,
and he carried his motion by a majority of 1.-THE
division being 81 to 40
HOUSE oP LORDS. April l0th.-CANADA CLERGY
RESERVES BILL.-Lord Peterborough wished Lord
Melbourne to give pledge to the House, that he
would not advise the Queen to assent to the Canada
Clergy Reserves Bill in case the Lords should adj
dress the Crown against the bill
Lerd Melbourne did not think it his duty to enter
into such engagement. The House might safely
rely upon the effect of their address.
Lord Peterborough had strong conviction that
the Judges would declare the act invalid /; and he
hoped that the Archbishop Of Canterbury would
put off his motion for address t. the Queen against
1.-THE motion was postponed.
HOUSE OF COMMONS, April 9th.-SsDUcTIoy AND
BREACHES OF PROMISE or MARRIAGE Mr.. Miles
OBJ, aned leave to bring in GA Bill to Provide
mary Remedy to the Lower Glasses of Society in ca.
SEES of Seduction and Breaches of Promise Of Mar
riage." The honorab BILE member observed he should
postpone making his statement until the second
reading, which shauld be fixed for early day at
ter Easter as possible.
EXPENSES or CHINESE WAR.-Nr. Goulburn mo
we'd that there be laid before the house copies Of
any CORES pondence between her Majesty's Govern.
ment and the Fast India Company, showing the ar.
engagements entered into with the East India Conr-
PAW for paying the expenses Of the armam ent now
preparing in India for service in China Ordered
HoUsE OF Commons, April 10th.-CANApA.-Mr
Pakngton said at pre- sent the second reading Of the
bill for uniting the two Canadas stood for second
reading on Monday next Now, considering the
great importance Of the debate wbich had occupied
he present week, the near approach OF the holidays
and the great importance Of the subject itself, he beg
ged to suggest to the noble lord the propriety Of
posponing the iuitasr progress ofthe bill until after
the Easter holidays.
Lord John Russell was of opinion that it was Of
very great importance that the House Of Commons
should either give their assent TO the bill dissent
from il, before the Easter holidays. He would there
fore move it on Monday next. Ghear.l
HOUSE OF COmMoNs, APRIL 1Ith -China-Sir
r. Peel having given notice that he would this day
for the produc tion Of the order in council di
rectng reprsals vessels be gng to China said
that the necessity for such motion abrogated by
the return OF the paper ITSELF directing the repri
sails and ordering commission for the institution
OF Courts OF Admiralty and Vice Admiralty. He
prepared there would be any ebjestion to lay copy
Of II on the table as soon as IL was readsa
Lord Palmerston replied in the affirmative.
Sir X. Peel apprehended that the order in council
contained positive instructions to all her Majestys
vessels Of to seize all vessels belonging TO the
Emperor Of China to his subjects, not only on the
coast Of Chiua but in all other parts of the world
Then. in the event Of seizures taking p ace, he
begged leave 10 ask what would be done with the
property seized9 He apprehended that the course
would be TO deta the vessels, and not proceed TO
adjudicate upon the property in the Admiralty
Courts, which adjudication would depend spon nj
terror events. The main question which he wished
to ask was, whether the order in council gave in
structions to all her Maicsty's vessels Of war TO
seizeal vessels belonging to the Emperor Ct China,
in whatever seas they may be found.
Lord Palmcrston rapIied that the order gave full
authority to airy OF her Msjesys ships Of war that
might fall in with Chinese ships TO detain them OF
the order in council would apply practically
only to such Of her Majesty's ships as were on the
coasts or Chux. Any vessel so detained would be
held j, safe custody until the demands Of her Ma
jesty sGovernfnent were satisfied. Ifthose demands
were complied with they would, OF course, be re-
vessels were condemned by the Courts Of Adm- |
rally, or Vice-Admralty. they would be disposed Of
according 10 the orders which the commission |
might think proper TO issue.
Sir X. Peel said the noble lord assumed that the |
trade al China was carried only on the coast OF
perhaps the case; but. under new circumstances,
exceptions might occur. He now begged to ask III
the usual proclamation to the distribution Of prize
money had been issued7
Lord Palmerston said there had been such pro
ciamation.
The Attorney General said that there had not been
declaration Of war, properly so called, but only
attempt to obtain PREPARATION
Sir r. Peel did not wish to go into the question Of
war, which he had purposey avoided.
Lord j. Russell said that the right hon. barcnet had
asked him whether there intention Of bringing
Town message from the Crown respecting China.
He (Lord j. Russell) then begged leave to reserve
MS answer, but he had wish to refuse information