HASZARD’S GAZETTE. JUNE 15.

WHIIIAL run House or Assnrannv. Iatnrday, April 0, llbl. ‘III. DAIIAOIU PITITIOI. (Ceidad.)

Ionmisflommltaaoea thoieportoftbs reportonthe .Ifr.Jsi-dlaola

Spaniel Commitbo appointed to Petiflon efNioi Darrach-lie the Chair.

Ix. With reference to the decla- tbs Hon. Ir. Colce, “ That the House what Iewycrs mllod Oousti- ut by parliamentary preoc- no could be

-- dissed as Eecosdln hen the lender of Govern'ment it was a moat extra-

a declaration ashadnsver tbsen Inadcbyany Prime Min- Jsm of fires 31-thin, and as never would, he

Prince Idward Islan uently underm- hsn to investigate dis tea — ievanoea as the were all to be—w l arisen out of the private re tions of life ; but be (Mr. Havilaud) was not aware that such investigations had ever been productive of any real benefit, either to the v ages at whose instigatiou,—and for whose - t, ostensibly, the were undertaken, or to the people at large : cy had, on the contrary, occasioned noth gbut much on y and aeri- s uesicn, and consum much valu- able time to the retardation of real business, and the detriment of the public, through the prolongation of the Sessions in which they oo- ourred, and the co ueut increase of the ub- lic expenditure. An the reason why suc in- vestigations had always been so c and ' potent, or worse, was, that, althougi the House could institute the enquiries, on prosecute them too until fiirl tired of them, they could do nothing more. he power to afiird redress, even where wrong had been done, bcing,{in such cases, not with them, but in the Courts of law.

And. with res t to the case of Warren Has- ting, to whic die hon. Speaker bad refe wit _ an air of triumph, he would take leave to

that hon. member, that th ' Commons did not arrogatc to themselves the right hi try that personage, or to sit in judg-

ment upon him, on account of the various

crimes in’ uro laid to his char they were merei bis aocusers at the Bar 0 the re whom_ he was eventually Past ex rience had prov- ed, th respect to such investigations, that the liouoebad no wer to adjudicate; and, that being the case, r the House to prosecute them was, therefore, clearly nothing, at the best, but a waste of time. The Attorneys employed in Darrach’o case might, very possibly, be hot’

serving of censure; and, perhaps, much which had been ails afloat them might ad- mit of being pro on established agains

t east t, if Derrach‘s interests were , thro the neglect or ignorance of his Attorney, or that he (Darrach Imd been made the vich'm of fraudulent oollu on between the Attorneys,—-the Supreme Court was still 0 , and that there, if any suchjcharges

be substantiated against either one or f woul be swar- delin-

them, before a roper tribunal. It was at] quit_e cerhin

of c’:i:t wbic£. ‘van in 1849, had csrhiniy a ud into his (Hr. Young a) men . It was unfair

Mr.

iifftl 5! ti‘ gt

5:

toattribute ;‘“““

.5

he ( honrand learned nin‘g the case on crtunately made by him ; for his admi occur- reucs. was one of die strou t arguments could y beaddocod or the A-clnbly’a resolving u n a com such case w ioh II t be brongb before them, with a view to the prevention of simihr cues for the future; and, with no man possessed common feeling efbumnnity. would the consideration of the frequency of such cases of hip, ever operate the stealing of heart against any impressions of the oul suhrer, whose case ml immed tcly under his notice :- soever the victims of wrong eralnsss of no loo];

6 '5

his for ght ow numerous

tb i’."t§‘t..’.

were not, b any means, so rcjudiocd against the members of the legal pro ion. as the hon. and learn gentleman had endeavoured to make it ap they

r they were; for certninl knew very well that Darrach’s case cou d not be again brought before the Supreme Court, without the assistance of at least one, if not more members of the liar; and it was s most unreasonable to think that they would rc- commend the adoption of such a course, with a view to redress, as could not be pursued unless it were left wholl to the direction and manage- ment of individuals on whom they could place no dependence. 1

Hon. Mr. Par.irn.- ’l‘hc hon. member for Belfast (Mr. Davies), by hie attempt to refute what has been said by me concerning an intention to create a prejudice against the lawyers, which, on the part of sonic members of the bpscisl Com- mittee, I believe to exist, has on! made himself ridiculous; for he, as well as o are who have

f gged the propriety of the House's interfering in

arrach’s case, have all rested their main argu- in support of the course adopted by the House with reference to it, on fact, so as- sumed by themselves, that Darrach is cflsctually shut out of the Sn me Court, and debarrcd from all redress therein, by the Judgment entered u against him on a confession to the suit made by his counsel. And, as to his comments concern- ing whai he terms the admission made by me of the frequency of such cases of hardship, as he has represented Darrach's to be, the have been an- tirely thrown away. They have u made with-

” out cause ; and, can, therefore, have no such effect

so he, no doubt, sup they would produce. 1 will not, however, allow the miere rsacutatien on which he has based them, to go orth uncon- tradicted. I did not say that a hundred cases of hardship on the part of tenants could, at any time, be brought forwardg but that hundreds 0 cases of disputes-dis nice of everyday occurrence-— between landlo o and tense arrach’s is nothing more—would be brought before the House, if it should be found that we had thrown open our doors for their admission: and, beaideo, added that, in the great majority of such eases, ' would, I believe, he found, if they were properly inves , that the landlords, by the conduct of ' tenan and notthetsnasta,thrsugbthe harshness of their landlords, had sulbred wrung. Ma. I am not all surprised at the opposition to the course pursued by the House, 30 respect to the case now before us in

M b

mmittee as made y the honorable and learned member for Charlottetown (Honorable Mr. Palmer); for, faithfiil and earnest as he himself alwn is in advocating the interests of his clients, and little as the result of ouch _an ' asthatnowpendingcod t m , his re for the credit of his which, as it me appear arcatali likslyto damage theylaw rs y in the estimation of the public. ut am, 1 must confess, muc astonished at the resistance made to this on uiry by the Hon. the r Mr. Pope), an his declaration, that

the o no power to I with such ma tors and questions as those involved in the eu- uiry; particularly when I remember how very drive‘ it a view he took of the powers of the Assemhl when, a very few rs afi, he sat in the S ‘a chair. Acco g to a showing , powers of the House were almost without limit; and neither Courts of law, lawyers, nor yet vernors were beyond the reach of he ed

to n

t I cannot well rs us, I know ; but surei he would oh the re Assam

bly merely because he not Ion have om‘- tunitiestoskaeintbecurcisco them. _ t

E if 3 .3. 8' 9 Eg‘_,_,_,~ %

n thont, at the nme no member of the Bones

5.‘ H”

[2

anehcnaos of lm evsrydn l ‘"n . 0“ ’ tbatitbatthe areverv seldom

investigation of every ' my. that the giving of Receipts o

pow rs. t com etc a revolution in his opinionsfi o_n remains 0 ll

y we

tints, de- th

-‘I

b t before the House. Suchan observation. l in accordance ‘etc. that opinion. and from a . Davies) thought had—as respected the ' conviction that the Receipts wt‘?-' KW" 7”" member's own Views: c-o|i-~cr- moneys paid on at-count of Iny other Rt-me. undcr consideration—-been icr l than what had uocruod under the Loan»-. Such

Receipts, however, have neither beginnirhia nor end; and there is too niueh reason to ‘rave given with a strictly Indeed, I do not hesitate to ‘fog Rent :1 rm urpoee case a e nnte—aniounts ti)’ swi n . A Re- selpt for float, if honestly ven, w specif the year for which it in pui . The hon. mem- ber for Murray llarhonr (lion. Mr. Thornton) has very earnestly endeavoured to convince the Counuittse that the payments on account efllents. for which eeeipis were given by Capt Cumber- land, after Darrach came under the covenants of a , Itigbt, very properly, be placed to the account ofold Nrrears--arrears due at the time what the Lease was given—-although they were not expressed as given for ‘grooms loads on that account; but I am pcrsua the hon. msrober

honest ntcntlonf

such a way—in a

himself never gave a Receipt in that we it csrnlnly does a . r very strange, withfrsspect to Mr. ’a A evil, that he should have declared by it that

to Capt. Cumberland, in e sum wards, for nrreavs of iirnt due under the Lease, when it was quite evident that, provided nothing had been paid on account of Rent accruing under the Iioaes, the whole arrears could not have amounted to more than £30 ids M It mig have been a rriistalto. as some hon. members had explained it no be; for. surely. lawyers, what- ever might ho said of their consciences, were not so bad as to make false declarations upon oath. knowing them to be false. But, allowing all the credit and weight which can poaoi y given to the explanation about the mistake in Mr. Pope's Affidavit, it still remains unexplained how he could, with any regard to conscience, take advan- tage of his own mistake, by claiming, and allow- ing Judgment to be entered up for 1350, the amount of the arrears-1234 and upwards, errone- ously set forth artlue under the Lease, and of his own Bill of Costa, £15 and upwards.

Mr. Faun. I am ofo inion that it is quite competent to the House to irect that o represen- tation of the whole case shall be laid before the J udgss of the Supreme Court. Lawyero,l know, will not admit that we have any ouch wer: nor will they hear of the mnlter’s being rougbt be- fore the Judges at all. unlen-a b what the term the legal course; to the end i at everyo stsclc and difleulty which legal iggcnuily can devise may be thrown in the way. a that, whatever he the result, as respects poor Darrach, the mode proceedin may, at least, prove a rolitablc one to them. Pain common sense an reason would adopt the most direct and least uncertain course; but lawyers would chose e meet intricate and I am quite satisfied that it is within the province of the House to request His Excellency to lay the whole affair before the Judges of the Supreme Court; and also—if it shall a pear to them that justice has not been douo—-—t at they can grant a rehearing of the whole case. At any rats, 1 am of opinion that we ought to devise some means for having the whole matter brought fairly before the Supreme Court. There might, I admit, be some difllculty about the Judgment on the firstaetion, which was entered up by confes- sion of tltc_suit, on the part of the Defendant, by his Counsel; but, with regard to the other. in which Judgment went by default, I cannot con- ceive why any di eulty should he apprehended. Justice, surely, ought to be quite as accesai s in t upretne Court, as in a Small Debts Court; and we all know very well that, if judgment went by default In the latter, on proper appli- cation, the Jud rnent would be cancelled, and a trial granted. respect to thetocund action, if all the psstisnla. connected with it. be brought under the eogulmncs of the Judges, lfeel per- suaded, they will permit the case to be brought a- new before them for trial. And with res t to the Int, although the Jud so might not inlr it right to set aside the Ju grnent entered up on confession of the suit, I believe that, on their be- ing made fully acquainted with the shameful man- nsrin which the defence was lniatnana ed. the would take such steps as would be pr uctive of sum uro of to the Petitioner. ouch doings as those which have been brought to light by our investigation of Darrsch's case, are tobcu eldby thsI.awCourts,thsre caabe no safety r any who enter there as litigants. But,

Nell Darrach was juetly and truly indebted of £34 an d

: ‘V.

‘Z

Iagain repeat, that I think itis the duty of this 0 House to

error: case. by some means or

"' ciai other, to be fully brought before the J edges; for,

even although it may not bring about any cflictual of the wrcn which Darrach hassuotainsd, it may ultimately sad to ouch legislative action as_ may prove bi ly beneficial to the public. will not do to low such practices in the Courts of Law, as we kaow,b the evidence of Darrsch's case, to be new possib s cm. Hon. Ma. Cons. We are not, I think, ina ition to follow out tion of ial Com '

th confession the judgment isalwa endi dead very pro ’ to. 0cn,l'd judgments so van

tbsmadsa anytime. Itlilnk letctomaksana ltotbe

they could not

see to t a sum of money to enable the Petitioner to into the Sn c Court.

“"7

The District of Queen's Conn the nting of

s;andas dbeuaol

(Mr . ' acres

th g exchangcinlaidcn

I re’versed, no de us could be upon them; and s tions for their December 11 - 2 torfers, it and

hen. m.u.:ber for the

Ma. lotlowoarir. I think the case one of x trcrns hsrdsltl . lhnvwing ol Dlllllclt l|I|I'l jail. on the jut imient obtained on lln-lirnr lotion. amounted. no my opinion. to flollllliu leu ill:-n false imprisonment. I cannot admit that we have not power to investigate such a grievance, although we cannot directly alord redress. The investi- gation Ins, is my opinion. properly entered upon by the Ilouae ; and now, having been carried quite an far, , no go can 0-nlemd it, the next thing or cl: we ought to do is, in my opinion. to make provision, by a grant ol money, lor lgavirtg the whole matter referred back to the Supreme Court, or else, if shut out there. carried lulu the

rt of Chancery.

Hon. hla. Loan. The case is owed very great and peculiar hardship; and I am prepared_to nup- pcrt a lieeelutlos for the routing ol a small sum ofmcney. to enable the etitioner is get his case either taben late the Supreme Court again, or also carried into the Court of Chancery.

lion. his. Cons The aupplisaars. closed: it is. therefore. too late to talk of valid a sum of men . Exesleney, praying him to be leased to grant

Itrsch 60 acres on Lot 56. s in granting a sum or‘ money to have the case taken into Chance- ry, I question whether £600 would be enough to carry it through the delays of that Court ; and, in all pmbsbiliiy, before it could bedetsrmined there, the old man would be in his grave.

s. it . I am inclined to think that, tfthe Report of the Special Committee be sent home to Capt. Cumberland, accompanied by a proper rs- prescntatiou of the case, It will induce him to direct that the original Lease ohallbe iven back to Darrach. I cannot think that a gent eman of his

character would authorise such proccedigs; and god

lam strongly inclined to believe thnt they were instituted without his direct sanction.

Hon. Mn. Cot.as then moved that the last pa- ragraph of the Report should be amended by striking out the recommendation of aGranI of Mo- ney, and substituting therefor. arecomuiendation to the House to address His Excellency praying for aGrant of50 acres of to be made to the Petitioner, Neil Darrach.

The question bein put thereon by the Chair- man the Cointnittce ividsd:

Yoa:—Honbls. G. Colce, E. Wbelan, W. W. Lord, and J. Warburton, the Hon. the lgpcsker. Mr. Fraser, Mr. Laird, Mr. Davies, Mr. ooncy, Mr. Macneill, and Mr. Yeo—lI.

oyu—l-ion. Mr. Palmer, Mr. iiaviland, Mr. Longworth, Mr. Montgomery‘, and Hon. Mr. o o it was carried in the ailirniative. noran saeuimn

When the House was resumed, the lion. Mr. PALIII moved that the Report be disagreed to, the remedy bein else where.

The House div dad on the motion :

Ayes—'—Hous. Messrs. Palmer and Pope, and

Mr. Havil.and—8. Nays-Hons. Messrs. Colce, Lord, Wbelan, Jsrdine, and Warburton ; Messrs. , Davies, Longworth, laird Mecneill, Mont- gomery, Praser, Mooncy—l .

Mr. Ieirtowcnrn moved that the Re rt be amended, by striking out all that role to a Grant of l4nd,and inscrtin a recommendation of the ease of the Petitioner to the favorable consideration of the House, for the grant of a sum of money to ble him to bring the mat- ter full before the Supreme Cont-t,or otherwise.

The ones divided on ti‘: riotionz F

yeo— users. It or , ontgomery, ra- oer, Yeo, Hon. Mr. €hlcan—5.

No no. Messrs- Colce, Pope, Warbur- er. Lord, Jardinc; Messrs. Laird. Mooney, Havlland, Davise—ll.

' Wxnrnnnar, April 13.

Thellousea tooku thcRe rtofthc Special Committee on the etition o Neil Dar- rach, which had been agreed to by e House, on Saturday, 8th inshnt, and a ed to strike out the last clause thereof, whic recommends the nh'ngof50nt.-rero Land,inLot55,tc the ditioner, and an oppicalicn be made to the Licnl. Governor to the: eject; and to substitute instead thereof the foliowin :

“Your Committee woul . therefore recum- mend that an Address be presented to His Excellency the Lieut. Governor, requesting that he will be pleased to submit the evidence and Re rt of be special Committee of this the Judges

toll. lisoneill,

of the Supreme Court of

expense attcu ' nine .3, ‘R. B. lavuto, Reporter.

LATIIT IITILLIGIIOI. AUSTRALIA.

B the overland mail. Melbourne dates are to rob 3d. Gold bad advanced to 77s. and

to r, so that shipments of (i might be expected wholl to a general state of the coon seemed hvourable. The emi tion to Me - been continuously , and some horn exhaustion a destitution are said to have occurred. otal arrivals in , ,699; do. in January, 8101. An tion that some part of the overdow would waytowestpru Austraiioismen _ “in in Van Dierncn a had, even at the begin- g of February landed ry at I4unoce- ton sold at on not 0 ualy. The P.er-‘tit, Aush-alin, Feb. 16th, which says the mining prospects of that colopiy are improving while the arospoch held out to rmer smigran are equal any other part of Australia.

Flour was ranging at Perth, front £28 to £30 ton, and this, too at the end of the harvest, its of large hticus ll-om Ameri- the noi boring colonies. The ore year of when was splendid, and the uantltyonhand, tbacktromlast harvest expectation ofstlll gher rles, waeconsiisr-

coin from In terminate.

5'3

. able.

NIWPOUNDLAIID. lnssrile or a Ilastsvaa-rr.-With mach rs- we have : record a most daring attempt the lifsef . W. Caarna, Isq, the res ted ' for St. obs‘s.

We had better agree to ad reee His 1

and prsvsatiagbio doing farther injury. son. constables arriving, be was given into cuslod . It In worthy of notice that although a lnrge crowd had ('0llt'ClE|l, not one person anointed in the cap- lure. We are glad to learn that It. Carter's ' - it-ea

eead % e ' ful, to an and thatheie "g'z:a'|.|.,‘.— ,---

I U‘ . Q be. 5;‘: iconic. of at uni’ ° w have that nothing of the sort ever been attempted here ; and we_would direct attention to is specimen _of handiwork, not merely as an elaborate and skillful production, so complete an idea of seal catohin trnealntost to the life. Q lag, in the centre of asurface seven feet square, in ., brig-rt crafi. Item the nu, V031,? built-of mahogany, shocked and sheathed; she ed feet ion on deck, aincbea beam, built u n a scale of inch to 3 feet, giving a brig of a. she is lltted out with the usual no. cesmries of a sealer, ving ten punts with oars, butts and gafi, iron cambonss, water in the hole, pound , . She is an excellent model, and the exact counterpart of a superior Seals (tuuIIlstaksable.) directions, and are of ever yeriet . and the “ hands” are busily em loye lug, soulpinghhanliug, and oistln on whi a few unfortunate fel ows sre_be tr-eatedto a cold both between the ice, their shipmatea be] ing them out. The ice is represented by plas r of Paris, upon block; or cod, and the whole is fastened upon a wooden divided into three parts for more easy cou- vcyunoe.-—l"rom no rson could a work of this desori tion come more appro riately than from a na ve of this country, on Mr. Knight lius ed lbr himself much Ledger