flu.“

NEQNBLAND.

‘ corms or DEsrATcnxs _

From the Principal Secretary of State for the Colonies, received by the Governor and transmitted by Message

_ to both Houses Of the Legislature.

No. 24. Downing Street, 19th Februar , 1840.

Sir ;-;I have to. acknowledge the receipt 0 your Des- patch Ofthe 9th Deceniber' No, 64, enclostngaan Address to Her Majesty from the House 'Of Assembl , of New- foundland, iinpugning the conduct of the uncil—r'of yourself—arid, of Mr. Archibald, the late Clerk of the Assembl .'

I haveylikewise received your despntches, Nos. 65 and 66, of the 10th and llth December—the former contain- in; the vindication of Mr. Archibald against the charges of the Assembly, the latter explaining some points cou- neeted with the Address. Your own vindication. is con- tained in the Despatch transmitting the Address .itself.

The specific Object which the Assembly had in View in m1king this appeal to her Majesty is to be found in their prayer that her Majesty “ would adopt such reform “ in the 'Council as would most tend to promote a bin-- “'monimis working with the Assembly for the public 1“ good, and would order that the Executive of New- “ foundlaud be protective ofthe interestsand of the lib- 4“ erties ofthe people and their Representatives ;" or,as the Assembly sum up their meaning, “ that to the people of 1‘ Newfoundland be extended the blessing ijust and im- 3“ rtialGnvernment."

'As.tbe Council have not yet had an opportunity ofan- swering the statement made by the House of Assembly, 1 shall defer the expression Ofany opinion on the merits 0fthe controversy between the two bodies. .

Iahull confine myselfto that part of the Address which contains the Assembly's charges against yourselfand the late Clerk ofthe Assembly. _

I have careliilly examined these charges, ann your de- fence, and I have no hesitation in expressing my strong dissent from the Opinion of the Assembly, that in the conduct ofthe very arduous duties which iave devolved upon you as Governor nfNewfouiidl-and, there is any, the slightest, foundation ’for impugnng the justice and im- partialin of your Government. The complaints ofthe Assembly against your Administration are not confined to recent occurrences. They embrace subjects which have already received the full Consideration ofthe Gov- ernment, and I see no reason to doubt the correctness of that decision of my predecessor which exonerated you from all blame in these transactions. It would be her Majesty's wish that these subjects of by-gonc diffcrenccs ahould be allowed to use into oblivion.

Neither is your justification less complete on those new points which have now for the first time been brought under the notice of Her Majesty’s Government. In some ihstnnces you are at issue with the Assembly in matters offact, in which it.wauld appear that the Assem- bl have proceeded on insufficient information; and I Willingly admit the sufficiency ofyour exciilpation.

But whatever dJfl'erence of opinion may have existed between yourself and the House of Assembly, in regard to recent events in Newfoundland,your conduct through- out appears to have been regulated by an earnest desire to act fairly and impartially in your high office. Her Majesty has been graciously pleased to signify her up-

roval of your condiict,-;and to express Her concurrence an the View which has been taken by Her Ministers,tliat under circumstances ofconsiderable embarrassment, you have in no degree deviated from the line ofyour duty.

With reference to the;oiiduct of Mr. Archibald, the late Clerk of the Assembly, I consider that he acted wisely in retiring from that oflico ; and the motives by which he has been actuated in taking that step are highly honorable to him.

As regards the complaints which the Assembly have preferred against him, it is my duty to state that having fully considered the whole case, I am ofopinion that the statement of Mr. Archibald affords a successful and com- plete defence against the charges brought against him.

I have, &c. , (Signed) J. RUSSELL. Captain Prescott, R. N. C. B. No. 28.

Downing Street, 9th March. 1840.

Sir ;—I have to acknowledge the receipt of your Des- ‘patch, No. 8, ofthe 30th Jan., transmitting a copy ofthe Address presented to you by the Councn ofNewfound- landI containing the answer ofthat Body to the charges which had been advanced against them by the House of Asaeniblv, in their Address to the Queen of the 10th October 11st. ‘

I would, in the first place, remark, in regard to this .controvors which has unfortunately sprung up between the Council and Assembly of Newfoundland, that I dis- glnim, on the part of Her Majesty's Government, any right of interference between the two bodies ; and that on an ordinary occasion, I should have felt that it was unnecessary and undesirable to express any opinion as to the imputed demerits ofeither.

Thefquestion has, however, presented itselfin a shape

which precludes it being so treated. The Assembly of Newfoundland have preferred against the Council the seriouscbarge ofthe abuse oftheir constitutional powers, ofencroachmcnts on the privileges of the Lower House, Idded to 8 studied desire to produce collision, and to ob- struct _the public improvement Of the Colony ; and on {bone grounds is {bonded a prayer to the Crown to intro- duce such organic changes in the Council as would secure greater harmon in the transaction of public afi‘airs. ‘ I have her It ajesty’s commands to state, that in the transactions which have given rise to these complaints, the Council of Newfoundland do not appear to Her Ma- jesty's Government to have exceeded the poweis which are constitutionally vested in them, and that there is not found to be any sufficient ground for the charge that they have exhibited a determination to impede the progress rif the public business, or to deprive the Assembly of their legilimate rights and privileges.

Her Majesty‘s Government still hold the opinion that these differences are but traiisitory,—and that some for- bearance on the part of the Assembly will ensure them therespect of those classes which they now admit to be andtappsad towards them, and secure the harmony ofthe constitution. If in this hope they are disappointed, it “I” be necessary to examine more deeply into the source ofthe evil, with a. view to ascertain, why. in Newfound- land, a‘system'of free Government should have failed in producnig its natural happy results. If the constitution ofthe Island is insufficient or unfitted for the object in- tended by it, it will be for the interest of the Island that the system ofrepresentation should be re-modelled. and the franchise placed on such a basis as shall secure the participation of those portions of the community who are at resent excluded from it.

' tys‘unnecessary that I should enter further into the consideration ofthis question ; and I sincerely trust that by mutual concessions, in matters where stich mutual concessions are practicable without the sacrifice of any constitutional principle, greater concord may be made to prevail between the two branches ofthe Legislature, and Jill! her Majesty may be spared the paiiifiil conviction that the present form of Government, and the manner in which that fbrm of Government is exercised in New- fiundlnnd; are inapplicable to the condition ofthe Colony.

,_ s. d Ihave,&c. J

I no . ‘ thwa- ) RUSSELL. spectra AND iiios'r EXTRAORDINARY REMOVAL OF

. A non NEAR RANTURK, income. A KANTURK, Dec. 26.—-On Saturday last this hitherto peaceable town was thrown into the greatest state of excitement. Dense crowds of people were observed hastening on the Boher- bueeroad, which was crowded for about three miles. Public consternation was at its height, when descending the valley between Derrygallon and Ballyholahanfiéwas seen a dark mass rapid-

vated in the air. As the body moved with the

‘ rapidity of asteam'engine, doubt was soon (Iii-4

pelled and it appeared that about 300 acrés of Colonel Lougfield’s bog, at Farrandoyle, had, truant-like, gambolled through the country a distande of four miles, and was about paying a. Christmas visit to the Kanturk folks. The scene was terrific, my, grand (if grandeur and bogs could be associated together.) and impresswe beyond description. Onward moved the mighty and overwhelming mass, Carrying destruction in its course, and conveying to the mind (of the beholder an idea ofone of those catastrophies which geologists inform us have from time to time changed the surface Oftlie earth. Occa- sionally it moved in a compact body; sometimes on meeting obstructions, it rose in angry surges like the ungovernable sea, elevating enormous pieces of bogwood (which caused the mistake about the pikes.) The course of thelBrogeon stream was soon impeded, as the bog got into the valley, and the water having become much swol-_ len, and accumulated behind, forced on the whole mass with fearful voilence and an appalling sound, and dispersed the bog-sol? and timber to a considerable distance up the acclivities, leav- ing “ turbarry” to the occupants of thedill'erent farms for four miles, for many years to come! It is to be regretted that bog timber to the amount of a least £500 passed into the Black- water, the people being unable to come at it ‘01! account of the great depth ofthe surrounding bog-stulI—and it is calculated that not less than 1200 acres'of meadow and pasture land have been covered at an average Of ten feet! »The first movement of the bog was discovered by Mr. R. Swayne, of Kanturk, who Was shooting on it at the time, and who narrowly escaped being lost—He saw the impetus commence in the centre—in fact, the entire of the centre of the bog moved at once to the side until it forced the higher part there into a neighbouring declivity, and went off before the alarm could be given. Mr. Swayne, having got on terra firma, ran with all his might to give warning of the' danger, but all his speed was unequal to the task, and one house was overwhelmed before he could call out. Fortunately, however, no lives have been lost. The bog is still moving, and it is thought will continue so for many days. I am just informed that a cow belonging to a farmer named Flannery. was swallowed up in the bow- els of the hog, and be looking on at the circum- stance. Twelve acres of prime arable‘land have been covered with bog mould to the height of twenty or thirty feet belonging to the same in- dividual.

TiiE JEWS.-—-A Hamburg paper, the Dorp- zeituiig, says, ” the Jews of Constantinople have, with their Rabbi, declared that they will not wait any longer than another year for their Mes- siah. If within that time he does not appear, they will conclude that he has already come, and then they will try to discover by what religion he is already recognized. The Rabbi is entire- ly Ofthis opinion, and has even proposed to his congregation to profess Christianity forthwith.

Two MissiONARiEs EATEN BY SAVAGEs.— The New York Observer publishes an extract of a letter dated Sidney, New South ‘Wales, De- cember l, 1839. which states that two missiona- ries, named Williams and Harris, .connected with the London Missionaiy Society, had been killed and eaten by the natives of Ewomango, one of the New Hebrides Islands. They'had gone to the Island for the purpose of communi- cating with them on the subject of religion; but they had no sooner come in sight of the savages, than the war-cry was raised. Mr. Harris being sickly and feeble, and Mr. Williams an old man, they were overtaken and pierced through with spears. A third person, who was with them, Mr. Cunningham, being Of stronger frame than either of the others, succeeded in making his escape.

VVAR.—Ii. appears by the advices from Europe, by the Great Western, that mighty elements are in commotion, and the clouds of war seem to be gathering over Europe and Asia. What with the cupidity of Great Britain, the jealousies of France, the ambition of Nicholas and ‘Mchemet Ali, the military power and taste of PrusSia— it would be remarkable if another year should pass without a furious and bloody war. We ardently hope, hOWever, that these clouds may yet be scattered by the spirit of kindness, 'ofjus- tice and Christianity—for a general war in Eu- rope would be a fearful event. It. would be fought by hosts, not of 20,000 each, but of hun- dreds of thousands—and the art of slaying man- kind is now carried, by many wonderful IM- PROVEMENTS, invented within the last dozen years, to such PERFECTION, that a war among those mighty powers, would be Of a sanguinary, ofa DEI'OPULA'I‘ING character, to an extent never before witnessed, or dreamed of, even by Napo- leon, in his wildest visions Of GLORY. The, pro- gress of events in Europe and Asia will continue to be watched with great interest by those who dwell on this side of the Atlantic—and instead of doing ought to stimulate the man-slaying spi-

rit, which, like a volcano, too pent up, seems ‘

about to burst forth, we might to strive all in our power to quell and destroy it.—Baston Mercan- tile Journal. V i _ Twelve tin packets of preserved French beans, in a wooden box, have been brought up fi-om the Royal George, stamped, “ Conserve Artichcna dc Catrou, Marseilles}? Neither v'in'eoéir '- nor pickle had been used ;. they had been boiled and placed in air-tight vessels, and wore as fresh and fit, for use as when first enclosed. They have been 57 years under-water.——(Kentish Observer.) The sale of porter in a single vendor’s in Bal- linasloe, fell off in the ulas't quarter, fifty lings- heads. and the sale of wholesome provisions in- creased proportionably. In. Wexford, the saleof

llipproaehing, with-something like pike: ele-

whisliey =is'n‘ot much above the one-twentieth of

its former amount—(Irish Paper.)

surveyor Generai’s Oflice, " ' ' 16th May, ism. ,

I " ‘ ' " ' ‘sai'e E S irve 'or General Will, submit for I, TIE! Public Aiiction, on Saturday the 20th June next, atrthe Court House, in Georgetown, at 12 o clock, noon, the following LOTSin said Town, VIZ :— Nos. 13mg] 14, Fourth Range, Iftter N03”? and 3, first range, _' u . Nos. 6, 6 and 7, first range, » F- Nos. 1, 2, 3, 4, 7 & 10, second range, F.

. Nos.‘10, II and 12, third range “ F'- Nos. 2, 5,10 and 14, second range, G. I , Nos. 13 and 14, third range, ‘ G. '

PASTURE LOTS in the Royalty of said Town, v12:

. 'Nos. 15, 39, 40, 86, 150, 170, 197 and’204. _

LOTS adjoining the Royalty of said Town, Viz z—Nos.

_ , 7, 24, 90 and 40. v 7 Also, will be Re-sold, in consequence of non-payment ofthe purchase money, the following LOTS in George. town, viz :- ' N01, first range, letter B. No. 2, first range, “ C. No.5, third range, “ F. NO. 1, fourth range, F. And Pasture Lots in the Royalty ofsaid Town, viz: Nos. 79, 81 and 84. , ‘ GEORGE WRIGHT, Surveyor ,General.

To SELL or to LET, To which an unquestionable Title will be given,

HE FARM of BROWNSTON, situate on Lot 49, fronting the Pisqu1d Road, and one mile from Ver- non River Inn. It contains 434 acres ofthe best descrip- tion ofLand in this Island, having abundance of Fire- wood, pine, spruce and fincing poles. Fifty acres are under cultivation, and in the best condition, and Twent additional acres are enclosed of natural pasture, wliiCi could be easily cleared for the plough, the-growth of wood being only young bushes. There is a large. Garden and Orchard, planted with apple, plum and cher- ry trees, &c. of 5 years’ standing. be whole is well fenced, and there are gates on every enclosure, as well as the court-yard. The House is very comfortable for a small family, and contains kitchen, small parlour, good bedroom, servant's sleeping room, closets, and a cellar' underneath. The House is as good as new, as are the offices, which consist ofa large Barn, aStable, and Cow- house, Poultry-house, Dairy, and Green-houses for pota- toes and turnips; an excellent Spring of Water is near the House, and the fields are wateredby a brook running through them. g The whole will be let together, or in one Farm, for such term ofyears and on such conditions as may be agreed on; or the property will be divided into Farms, in suit the views of ofi‘erers; or, ifpreferred, the one half (217 acres), including all the improvements, will be sold

se aratel . A l to P y pp y DAVID ROSS. Hillsborough River, May 14, 1840.

VALUAELE FREEHOLD FARM FOR SALE.

HE Subscriber ofi'ers for Sale at Tract Of 100 Acres ofsuperior Land, adjoining the Bedeque House Farm, having a front of about 20 chains on Wil- mot Creek. From eight to ten acres are cleared, and the remainder is well stocked with Firewood and Fencing stuff. There is also a small stream Of water running through the premises, suflicient to drive a Carding and Threshing Mill. The situiition is well adapted for a Shipbuilding establishment. For terms OfSale, apply to Mr. Solomon Desbrisay,

Charlottetown, or to - JOSEPH POPE. Bedeque, 18th May, 1840.

TO BE LET, and POSSESSION given IMME- DIATELY. ' ' HE whole or a past Of that well-known Dwelling House and Premises in Pownal Street, lately occupied by Mrs. Robeoca Miller. This House comprises four Rooms on the first floor, in one of which (30 feet by 24), the Meetings of the Mechanics’ In- stitute are held; four Rooms on the second floor, one of which is the same sizo as the one mentioned above, and a large garret. There is a commodious and ex- cellent Cellar under the whole. A Stable, and other out houses, together with a small Garden, are attached to the premises. Rent moderate. For further particulars apply at the Herald Oflice,or to CHARLOTTE BAGNALL. Pownal Street, ]st May, 1840.

TO LET, Either Yearly, or for at Term of Years,

T 0 BUILDING LOTS, with a BARN and ' TABLE, fronting on Kin" Street nearl o osite to Mr. D. Ramsay‘s, and one frocnting oi) Watiir Sireet; also, onevhalfofthat Store, with a good Cellar, occupied by Messrs. J. B. Cooper 6L Co. Immediate possession Will be given, upon application to D. Wilson, Merchant or to the Subscriber, r ‘ ,

‘ B. SCOTT. Charlottetown, May 14th, 1840.

PRINCE EDWARD ISLAND. TO BE SOLD, by private Contract, an ex-

tensive and valuable FREEHOLD ESTATE, consisting of nearly -

_' . 18,000 Acres of Land,

Situate in the preferable part Of KING’S COUNTY, being contiguous to GEORGETOWN, late the property of HENRV WINCHESTER, deceased, a Bankrupt, and now belonging to his Assignees. Vessels ofany burden may go up and down Cardigan River, by which it is bounded on the Southern extremity. ‘ 'i

The Estate is delineated on the Plan of the Island kept in the Plantation Office, Whitehall, and the Siii'3 vleyozggneral's Office of the Said Island, as Lot or Town- S p .

For printed Plans of the Estate, and further particu- la‘rs, apply, at the Officesof Mr. Briggs, 55 Lincoln’s Inn Fields, and Mr. Belchnr, Official Assignee, Kin ’s Arms Yard, London; the Hon, Samuel Cunard, Halifgx Nova Scotla; and James H. Peters, Esq., Charlottetown in the said Island—to either of whom terms in writing: for

the purchase ma be made 0 tember "en, y n or before the let OfSep-

, CAUTION. To the Editor of the Colonial Herald.

. IRg—Havmg seen in the Colonial Herald Of L the 20th met. the Advertisement of the Assignees 0f the late Henry Winchester, Esq.. ofi'ering for Sole 18,000 Acres of Land, on Lot or Township No. 54 al- low me, through the medium ofyour paper,‘to’ say ’that ah: latfi‘Heliéry ginchester, Esq. had no properiy on

vyns ip . 0.. , nor had he ever the twin i - session. Actions of Trespass and Ejectment tverebliioiijglit against me, it. is true, but what was done in'those ac- tionsl have not been able to ascertain—Suffice it to say that after many years’ prosecution, I was not able to get one Witness brought forward—this is acase Of reiilfigréevancef, and ought to be looked into.

n on re erring to the prbvision of the Stat

32 Henry 8, cap 9, that no one shall so“ or purified.

hath received the 5 pro ts for one whole ea b gpgpghgrrhath been in the actual possesbioii 0:32:61:th ‘ aversion or remaind ' ' ' ’ purchaser and vender shall 882;; “PM, Pam that bo'hilhe

and to the,r King and the prosecutor. ‘

. * ~ROBE-. ' Township No, 54, July 21th, 1839,: MEARNS.

.

. a Fund for the object mentioned in the said Repolution, . are nOW lying {in signature at the Stores of Mr. Pattie

any pretended right or title to land, unless the vender '

forfeit the value ofsuch ,

LIFE AND FIRE INSURANCE. . OLICIES will be issued by the 811% * P in either of the'above deparmm “ ‘5‘ ‘ reasonable terms. CHARLES Y _ ‘~ after-Inf " ‘2‘ “ Erin" and “ ALLIAch’Un‘ntm-oe Charlottetown, Decrll‘, 1830. ,‘

To an, “’Tki

wit

5":

m .93 3V

- , .A CARD. . ' r R. Jomv LONGWORTH, Solicitorfi‘ec- returned from England, has resumed the p ofhisprofession, at his ' ormer Office In “Witter ’_ Charlottetown, 22d May, 1840. I l

l

TEMPERANCE ESSAY. A 2 o

T a General Meeting of the Charlottetdfi‘ ' Temperance'Society, held on the 6th Apfll flit 'y _ was unanimously— 1 I O . Hm?“ RESOLVED, 'Ehath a Committee be appogtgod; W , a fund and ma e t it necessary arran pmen , . ‘ Prize, for the best Essay upon the and)“: ofthe r3: . Ardent Spirits, as bearing upon the cm], political, A moral and pfiysical interests of this Co any—such _M~ to be the prqduction of a member of a Temperance Society. V : In conformity with the above Resolution, the doll-x; mittee beg leave to acquaint the Friends of ’1‘.um -: rance, that Subscription Lists for the purposepf, yam