‘1

‘ .1! flow it u by sorun decisive steps this session, it is ten

3 - “hymns well I point I Committee to make

‘ of intfignty and indepedence of character, and, generally, in

at): Colonial instant. .'

ofaificisat length to ahewaportion of at least seven over water, in I icular position, at high water— tolis insise, tundstthetopend, . t it only t9 support semicircular thin " ' nailcdtoga fiasofthespar It the mitewmg, ,ndhanthhesppearanceofsgloheorbalL

Tnvasnas, April 15.

nonssiosai. allll‘l’m Jonas. ' tasolved itselfintoa Committee of tho orth in the Chair—to take into Ilia Bacalm mymthcklaieutenant Goya-no:

ttor ymg t

Jmiee. representing it: aeccssity of I profamional Ans-taut

evidence was required ' U “not their ennui .

The subjects aquiry for the da inaycartakenupinthe for a 'ven number of

‘ tin the mid time. He thought it uite into matters already within ; such inquiries would take House at present, from the

wel ad'ord to spare, lbr the Committee to

uiry.

House t t l’tdhsth: pro- wu necei-ary, I t t our ‘ sttflciertt to defray his nlary, they then ,wbt to (b. If" do not rcqutrc an Assistant Judge net the trieans wherewith to support him—then dhposo ofthe question. "on. members are as to meet theaante now as any number of days

.Snasss mid, tint if we do not take pp this Message,

tooas If the lame Gov'emment does not take it up, and

a probioual Assistant Judge for the Colony. it is

y aeeauary that we obtain every evidence on which

ceramicsth is nded, in order to warrant us in

sadscidomand not to act without due information. Hi: In that account, go with the motion.

If. C thought that if hon. members were not con-

!!!" w the merits of the question before the Com-

ovary necemary in ui , I re thereon neat Session. - - , be wqmrfzuaded tha'iocrii'cry hon. member was "" A . t y acquainted with the matters connected with the ' ulation bebre the Committee, to form I decision on H No doubt Iclever ChiefJustice is much required ‘ The main question is, whether our Colonial u .' u it us to make this chau e in the adminis- tration ‘ in the Colony. If not, t ran it would be better for us to rennin as we are than to run ourselves into ditllculties. Ir. Ls Lscnsea mid, he would have hon. members come with evidence sufficient, on which to ground their doc in this question. For that purpose be recommend- ed the o ioncy of makiu the necessary researches. lie was of opinion that one etiicrent Judge was uita sufficient to administer justice in tho Colony. Ju gs Archibald, beside! tt'anmcting his other professional business, fully disc his duties as Chief Justice of this Island for some time. prosont state of the Colony forbids as limiting ' ' for either an Assistant Judge or two Associate Judges» There will be no time lost in requiring the neces- -ry information, which may be obtained in Charlottetown, lion) the Prothonotsry of the Supreme Court, within a very

short time.

The "on. J. S. Macoosatn said, that the object of the communication was to recommend the appointment of it mortal Assistant Judge, to preside on the bench with the t Judge. The Colony, no doubt, requires such smarts-fit; but the question is. whether the country would be in I state fit to support him. An Assistant Jud e h much required from the increase of pspulatiou, and t e consequent increase of legal business. c know what the consequence would he, were the Chief Justice taken ill, as happened I year ortwoago, to the inconvenience of many suitors. The only question for the Committee to decide on is, whether the country can bear the ex nine or not, and this he would have hon. members to consi er.

Mr. PALIII said, that the question before the Com- mittee is one of paramount importance to the Colony. I Is entertained but one opinion on the subject, and that was, that a proibssional Assistant Judge is highly necessary, in order to the etiicient administration of justice in the Supreme Court of this Colony—in which Court business is dal y accumulating, with an increasing po ulation of at lssst 40,0“! inhabitants. The Chief Justice lies to adjudi- aie in all cases arising in the Colony, except in a few cases, determined in the courts of conscience; and there is no Colony in Her Majesty’s dominions possessing its popu- lation, and situated as this is, with but one Chief Judge to Idminater justice. The Supreme Court sits eight Terms in the year, at which the Chief Justice always presides, with- out any professional Assistant, except the present Assistant Judges, who occasionally assist in taking notes on trials, when there is I pressure of business;but to this alone is that I-istsncc limited. \Vhen an intricate question sflaw comes before the Court, the Chief Justice is put to great iii- eonvenience, for want of an Assistant Judge, of a legal mind, with whom to consult on such occasions. As regards the Chief Justice, he always found him to be a gentleman

his 0 uioas, sound as a lawyer, and one by no means, as an hon. member had stated, incompetent to fill his important oflce. At Westminster, where there are many able and learned lawyers, the presiding Judges are alien obliged, when Intricate questions of law arise, to consult their asso- , crate Judges on the nuts. The like necessity olieu oc- em-s here, where of equal intricacy are likely to arise, and co. neatly calls for the like consideration in cases of udtcul iston. The hon. member for Belfast (Mr. .beur) said,that one Judge would be sufficient to administer justice in this Colony, and in proof of this state- ment, alluded to Judge Archibald, who (that hon. member said) dischar all the duties of Judge in the Colony for some time. 'ow, it is a well-known fact, that he could not do this, for he being resident in Nova Scotia, was conse- quently absent during the winter season, which was . d a great inconvenience, and gave much dissa- tflcnon to the Colony,- until remedied by the ap intment

of I fing’udge. ing, then, the question 0 efliciency

' _ _ . one for consideration of the Committee as, in his opinion, whether the Colony is able to support an Anstant Hts salary would have to come out of our own Colonial resources, and not out of that ofthe Imperial revenue. On this he would give his opinion at the proper time. Portia-so reasons he did not particularly object to the Resolution submitted; but there was one part be con- sidered quite unnecessary, namely, that respectin the num- ber oftimes of holding the Supreme Court, and t re days of each term, as this information is already within our know- ledge, and with which all pemns are presumed to be ac- quainted. - _ Mr. Gonna said, that the efficiency of the present judge is questionable. We are led to believe, from the Chief Ju go’sown communication before the Committee, that his in_firuuues are increasing with the business of his office. If this the case, We ought to dispose of him as an invalid. Ifhe ts_ labonrmg under the ressure of disease and business, his mind must also sufi'er ma like degree. It would be much more decent for him to retire on a pension, and give place to more able men. He thought it quite un to adopt the Resolution submitted, and he concluded by a. - ing, that. the House on bt to proceed to take measures gr :fi distrnssal of the Chtchustice, by pronouncing him inva- Mr. Pawn said, that the Chief Justice did not

nouncehimselfincom tent;suchwasnots'etforth pm-

inhis

judicia duty equal to that perfo

' h the want

administration of ustice in the Colony, throu . ofan Anistam Juingo. and suggesting a mode 0 mg!) thin inconvenience. When the hon, member (Mr. (ring lid that we ought to dismiss the Cinel'Jusnce on a re l me Illan‘, he tbrgot to tall as where this salary was to co mil; Tnoaso't said there are hilt titty-two sitting days of the Sitpreme Court, within whichéige {3136;902:31322;

bulim of a un . ‘ ' Coil: mwtven the Judge will have sufficient time I: rim his Other duties. The ChiefJudge a momma is suffering under I presume of basins? andt mglsQengnbey

' istratto' of nation must su er: i

m iii;n duty of] the ones to address the Home Goverti} moot, Ibr the appointment of In eflicrent , Chief Judge.

distillers should lOOra

results 0 in order.

to a late respect the distinction

little in the end, so far as time is cor done for at once; in of. The former is most charitany ell’ec I which plays With its Vlcll is prussic acid, an

' ' f the " to this additional fridtephieirohouse fTemperance. and straigbtway se

""Dubfin ["0332]; my lord.’ said a gentleman -— v

LAW AND EQUITY d rather whimsical judge, "vvh‘rp :5 ed an he law and equ 1’] disk}; ’ replied his lordship; ‘they on y)” are icerned. At common law, med ' it you are not soeasdy isp . d equ y s instantaneously an ngler’s hook, The one

between 1

a bullet, which I. live, the latter )5 so a 'm before it kills it.

d the other laudanum.

. - i

nag. nderod iaeom tent, through rofessions m “at; him retire, Indolet fthel Home vernment ' tent retiring Saluy or nm- . ori's'ii'iaked, that the Chief Justice had .not P09,“ lively aid that his health was entirely broken—his 90$; tution entirely worn out. He complained of the e r

need on his constitution by an undue pressure 0

‘nea—that he had more to do than any Judge was 00:,“ patent to perform. It will not do to takct t part of l I: communication which relates to altered hea h, and neg ec those which relate to over-work, and to the awkward- ness of being obliged to hear and determine no appeals from himself in one capacity to himself in anothercapacuby- There appear three itions before the Committee; t 6 one where it is maintained that the Chief Justice ought to be considéred on his own statement as superannuated; the second, that partly from his debility, and partly from the. amount of business, an Assistant Judge shoul be appomted , the third, that one individual, if of respectable intellectual abilities, and professional acquirements, would be able to discharge, unaided, all the judicial duties of the I Supreme Court. Many persons knew the amount of _such business All know somewhat of it; but the conviction rcstin on the minds of individuals, from long experience. though it would warrant them to decide in this matter, yet did not show to the public nor to the Imperial Government.- the grounds wliereon they had so decided. He himself knew that, taking population into account, and supposng the amount of litigation in proportion thereto, Judges in other rts of the Empire ad to rforin an amount of by the Chief Justice ;. and if we can prove this, We must state it, otherwise, whet ther the present Judge shall be continued or discontinued, still there was danger of a salary being required from us lbr a puiane judge; and if We would not give it here, the Home Government might possibly give it; and then, when the Civil List was taken up by the Colony, that salary would swell the amount. But if we not only believe, but show good grounds for our conviction, that one Judge can do the whole duty, then the Imperial Government cannot expect us to my for a second. With this view he would mave that itlie recommended to the House to appomt a Committee to take that evidence which, thou b familiar to every member ofthe House, yet was not, as re might say, as vet fairly stabled. r. Samara said, it would be unfair to proceed on the letter of the Chief Judge, in order to turn the facts therein stated against himself. This we should not do. _ Mr. PALIII here spoke as to the expediency of procuring the best evidence possible on the subject matter of the communication. He did not think it fair to make use of the Chief Judge’s letter as evidence against himself. Aller some timber remarks from several hon. members, the Resolution was put and carried, and a Committee appointed in accordance therewith.

Sr. JEAN D'Acnn.-There is, in the Colonial Maga- zine for January, a concise history of St. Jean D’Acré, giving a detail of all the siege: it has undergone since the Saracens were expelled from it by the Christians. “04. We have, however, only room to quote whit Bonaparte thought of it, and the consequence he attach- ed to his being driven to raise the siege of it by Sir

Sidney sm-nh. it In March, 1799, Bonaparte laid ea?

to Acre with l2,000 men. chzzar was about to a ' ' don the town, when Sir Sidney Smith anchored wrtll b s squadron in the raid: of Caifl'a, and induced the Pooh: to remain, and defend it to the last. The siege and defence of Acre are known; they are inscribed in the most imperishablo pages of British history. The repulse of Napoleon from Acre was the destruction of th09e schemes of Oriental conquest which, though originat- ing with the great Leibnitz, lay dormant until roused by the genius of Napoleon. Throughout this de~ structive siege, Napoleon clung to it with supernatural energy to the last. The mast irremedial defeat alone taught him the truth. Standing on the mount, which still bears themame of Richard Caeur de Leon, on the evening of the 7th of May, he said to his secretary, Bourrieune—‘ Yes, Bourrieune, that miserable fort has indeed cost. me dear; but matters have gone too far not to make a last efl'ort. 'If I succeed, as I trust I shall, I shall find in that town all the treasures of the Pacha, and arms for 300,090 men. Ishall raise and arm all Syria; I will march on Damascus and Aleppo; I will swell my army as I pass, with the discontented in every country through which I pass; I will announce to the people the breaking of their chains, and the abolition ofthe tyranny ofthe Pachas. Do you noi see, that the Druscs want only for the fall of Acre to declare themselves? llave Idol been already offered the keys of Damascus? [have only lingered under these, be- cause at present I could derive no advantage from that great town. By AcreI will secure Egypt; on the sides of Egypt. cut off all succour from the Beys ,and proclaim Dcssaix General-in-cliiefof that country. I will arrive at Constantinople with armed masses, overturn the em- pire of the Turks, and establish a new one in the East, which will fix my place with posterity; and perhaps I may return to Paris by Adrianople and Vienna, after having annihilated the house of Austria.’ Twenty years elapsed, and Napoleon, on the rock of St. Helena, de- liberately repented these boundless anticipations; and never did he, in the midst of his subsequent splendour, cease to regret the throne which he relinquished when he retired from Acre, repeatedly saying of Sir Sidney Smith, ‘ That man made me miss my destiny.’ " It is a curious coincidence, that in 1799 it should be defended by Sir Sidney Smith, and in [840 taken by Sir Charles Felix Smith. What would Byron say to such Smiths as these?

Rssuu‘s or Tourname—Incressing daily as the Temperance movement is, we cannot be "astonished that, in proportion as it spreads and becomes permanent, distilleries should decrease in number. Already many concerns, once profitable. have become bankrupt; and in the South and West of Ireland, especially, none but large capitalists are able to “ hold their own.” This we grant, may be productive of individual loss, but still it is national gain, and this is the reason why we rejoice at the spread of temperance. The cipital sunk in tire distillery trade will not, ifjudiciously managed, be lost to the country—there are other channels open for the profitable employment of capital ; and the only fear is that distillers may calculate too rasth upon the non-per: manence of the Temperance movement, and thus irre- trievably exhaust their capital, instead of re-embarking m a more profitable investment in time. We have now to announce that three distilleiies at Galway have

communication;he ymmdthattbeieisa defictin the

dwindled into one, which is worked by a My, pen”.

prorogued on

throughout the Island as did, on \Vednesday esting lecture upon EDUCATION, stances of Prince Edward

it is scarcely necessary to say, cipations were stuctetl with t important subject.

' t- tter in whicht I ‘ q fiillyeiirgiigd. ’Tlie general opinion seemed to be,

Island was not yet ripe

the Legislature, its ‘ .d ' highshggntlfi;ntligc8lfice-bearers and members of the Insti— tute, through His Excellency, Patron, con ratulating Her event of the of these Realms :— [Copy.—No. 43.]

enclo‘sin an . . and Mengtbers of the Charlottetown Mechamcs' Institute, con-

gratulating Her Majesty on the Birth of the Princess Royal.

"757)? colonial {atralm

MOJV'DJIY, flprt'l 19, 1841. ' of our paper until to-day

We have delayed the publication have

at we.should, ere this,

' ‘ th ' _ Monday), In expectation _ been due smce Fnday (receiYelitthe EnghSh Mall Wli‘vcchhiii': been disappointed, and se’nnig . 1lltziihg able to furnish our re

In this, llo‘vevlliid again to go to-press without

I . e . consequent”, comp aders with a particle of news.

dently expected that the Legislature will be

Thursday or Friday next.

—-¥ . John Macneill known MECHANICS, INSTITUilie iri‘dgfatigable Visiter of Schools,

' ' ly inter- :in las deliver an extreme . . eve! g t, as adapted to the .cncum- Island. From the talent and ex- rience which this gentleman is well known to possess,

' ' lecture- and ' ' vere raised as rewarded his , _ "Eh expecmuons ‘ i , that tallese Well-founded anti-

l'zed and that all were pleased and in- liizudilaiiiiier iii which the lecturer treated 1118

It is confi

. . . . n its

ture a snrited discussmn ensued, upo Afler the lee , l he doctrine of Assessment was that this for general assessment, but Elli? a ' ’Il now e ore

' ssessment, as contemplated by the Bi ‘ I “ml a had better be tried, as an carpet-imam, and

ractical o ieration would then be observe . .

he Hon. the President then read the_followmg reply, since the last meeting, to the Ad-

their esteemed and respected Majesty upon the ausprcrous irth of an Heiress Presumptive to the Throne

Downing Street, 18th Feb. 1841. Sir; ' d our Des atcli, No. l of the 9th of January, I have l"wel‘li'ldyress to Pthe Queen,’ from the Ofiice-beurers

You will have the goodness to inform the Society that I have

had the honour to lay their Address before the Queen, and that Her Majesty was pleased to receive it very gracrously.

I have the honour to be, Sir, Your most obedient Servant, (Signed) J. RUSSELL.

Lieut. Governor Sir C. A. Fitz Roy, K. H. doc.

The Rev. John Knox will deliver a lecturer on Wednes-

day evening, the 28th instant, and which will probably be the last lbr the present session. The subject of the lecture

will be announced hereafter.—Com.

At a meeting held at the Commercial Inn, on Wednesday,

the 14th instant—William Douse, Esq. having been called to the Chair—the following Resolutions were unanimously adopted :— .-

Rcsolimi, That a Society be formed in Charlottetown, to

be denominated “ The St. George’s Society.”

Resolved, That a Meeting be held at the Commercial Inn, on Monday evening, the 26th inst., at 8 o’clock, for the pur- pose of forming the said Society, and adopting Rules for the overnment of the same. ' ’

Resolved, That Mr. Haszard, and Messrs. Cooper &, Co. be respectfully requested to insert the foregoing Resolutions in their respective papers.

PROVIDENT AND BENEVOLENT SOCIETY. In accordance with the notice

of Charlottetown, met this day, Celebiution of High Mass, which was ofl'ered up in the Parochial

institution.

their subscriptions.

Reed, Lawrence Landy, William Murphy, John M‘Cleary.

Reverence Treasurer, in which the Meeting acquiesced.

person to discharge the duty alluded to, the. meeting concurred—to which Mr. which, the following Resolutions wer Resolved, That the Right Rev.

of this Society .

papers, for their kindness in givin penodicsls, to our former resolutions. Resolved, That Messrs. the thanks of this meetin the Chair at the celebratio they have evinced their superior skill in sacred musrc. Resolved, That the proceedings of this do, the Secretary, to the Herald, Newspapers, for publicity. being called thereto, the thanks of the mee rendered to the worthy and Rev. Presrdent conduct on this occasion; and after his Rev acknowledgment for the honor conferred—t on their separating, to give three times th Mathew, the most successful and truly of ' Temperance now in existence; and was rendered to our Reverend and trul the unabated zeal His Lordship has evinc of the. redeeming princrples of Tem extenswe Diocese and in conclusion, the a succession of cheers in honor of our R President. By order of the Meeting,