i l l

i

l

‘2‘ I

7W with I e Clerkenwcll explosion, has termini. I

I“, fill Oxoept Allen. against whom no evidence has been migrated.

' tdrrltorlosr‘harc been annexed to l’t‘upsin. The King 1,

‘ pointed Adjutant-General Thomas, Secretary of War.

the Ex] tiaus still rentained in the country, and W with the British foresaw. not yet L ed by any ofllcial tlrmpatcltcs received by

THE HERALD, WEDNESDAY, MARCH 4, 1868.

922......“

News by clams?"

Loxoox. Feb. 18. .idlliflhtw‘xll the House of Com~ mobs “insight. in a committee of the whole. it was a to renew the suspension of tho Ilabeae Co In Act in Ireland. . . . .In the Home of Lords this cut: ng Sir Staflord Northcote. the Secretary of State for India. made a statement in regard to the presence of the B'Jttilll troops in the Abyssinian capedition. IIc as that at the re ltcst of the British Government. the Pasha had agreed to recall his auxiliary force from

little. and the reports which had been received.

II

can

lent. He also stated that the expedition no i 1'. [cl from it scarcity of uutcr.....The ex- am nation of the et'wns arrested on suspicion of being

he primers have been remanded to continu-

d be has been ,diltlhlll‘pt'd” . .,.Bullotius in roger-.1 to .ord Derby's health. report that. buts improv- bit-7.3%.; Upper House of the I‘I’Ilnin‘t Diet has {mused tho convention made with the Dynasties. whose

engages to suspendull payments of money to tho Princes NM“ confiscate their property in the ttfldt‘ of disloyalty. Livenroou. Feb. la-ttotton cluml active and higher. Advices front Manchester ilVUl‘HbiE- Markets for go ds and arm bun ‘aut.. . . .Cum :l is. lid. ; Wheat rout . for Cu ifor'nia white, and ill. 5d. for No. 2 Red [Wootertn Flour 37s. 6d.; llot-l‘ “5.4.; Park 710.; for New Lard 5.335614 Cheese 52s.

NEW YORK. Feb. l‘J.—-Gold opened at I401.

Lunacy. Feb. Sit, eve.—-.\llvitres to tho In. January have been received here front the English captives in Abrasion tut that time they were all salt: and Well.. . . . 'Lfllu “advices from Capo Town. Attica. state that the Supreme Court of Na l basal. lastdt-cided the a uestion touching the mullet" 1' Church property, ll‘. avor of Bishop Colt-mo. . . .'l‘hu regular Wet-lily returns of the JInhkufEagland shew that the bullion in the vault has decreased fourhuudred and thirteen pounds sterling“ . . . C Mills «dosed easier at 03. Bt-eutlstull's steady. l'ro- ,vliiqas ulpt and unchanged.

,NEW 0111:, Feb. lib—Gold opmed HO}.

‘Loxtiox,,Feb. 18.-—Alleu. the lv‘t-uiun. who was dip- clrarged‘ from custody yesterday, after being examined on the charge of causing the L‘lr-rkunwcll explosion. was soon after re—arrestt-d on the charge of murder.. . . . in” bill for the regulatitm at the press is still under discussion is the French Logiulativo body. There was a 33,0199. debate ycaterday ou the question of the dis. yrrbutton of the Government advertising patronage lute Opposition claimed that the Liberal journals were 3 titled to a share of mlvcrtiseutt-nm published by national and municipal authorities. This was demanded. nose!» net-ossin but ufpriti‘tlipl.'. the speakers declaring "talks a lair for the regulation of the press all journals should be treated with the strictest impartiality. The “fort to have a‘ bill modified by tho insorticu of a pro» vision to this effect was ill-tented. but the majority “Shilléttho propmition was sum 1... . .'l'he Moniker “dc SCI" him a re DON. that there has born :I. stop in the ad- "mood of the ilritish ll‘. Abyssiuiu. and that Gen. Napier ill'dalliu‘g I‘ur reltlfurcelltcnls. (‘ullsols 921.

‘Louooxyog. 1'). cvc.——’l‘ho Homo of Commons this tuning passed a hill for the continued suspension of Writ of lichens Curptm in Ireland... ..'l‘ho leading members of the Liberal party propose to give a farewell dinner to tho, U. ‘6. Minister, Chas. Fruucis Adult!!!” . . . Sir George Lee. Judge of the Court of Queen's bcuclt. died to-d:ty.. . . ..\lt'. Hunt. of the Dublin Irt'ghman, has been convicted of publishing seditious libels.. . . .Des-

the: and letters from Lisbon represent that the po- : itical agitation in Portugal continues. The new ! Government is very unpopular, and tumulls are. reporch in various parts of the country. . . . .A report is currout ‘ in Florence that the French Government has detailed a v frigate to watch the movement» of the U. S. squadron 3 under Admiral Farragut. in the Adriatic Gull” and rust- crn ettdol’ the Metlittcrranenu. . . . .(hmsols closed 925. General markets unchanged. Gold llt).

llortrunat. Feb. Ill.—-'I‘herc is intense excitement here over the departure of tlr Canadian Papal Zouavcs 3 for Rome. An immense audience was present at the a trial services held at Notrc Dame Cathedral lsst nlght in connection: with the evont. 'l‘o-day over 20.- 000 persons asmmblcd at the station to sectlltcm off.

‘cveral persons were nearly crushed to death by the pressure of the crowd. Thu "realest excitement pre- walls among the Roman Ctttlto tcrl.

NEW Yarn, Feb. 20, r. at.—(lnld closed at Hill ‘1 Loaves. Fob. 21.-lioorgc Francis ’l‘rain delivered his first lecture in Dublin last evening; it was very thinly attended. Measureshad been taken by the au- thorities for the preservation of peace. The correspon- renter one of the morning journals, in alluding to the

ectufc. says, as a speculation. it was an entire failure. ....Johtt Custin. an inn kec er. and David Murphy, a writer. were arrested at Cor yesterday on the gener- al charge of complicity in Fenian movements. Murphy bad but recently arrived from the United Sodom... . Console 93i a 931. Manchester advices favorable. Curl dill. 5d. Prott'isious quiet.

' Wastuxoros, Fob. 21.-—l’rcsidcnt Johnson has up-

t l

the: sin removing Secretary Stanton. General McClc an has been nominated It minor to England. 3 Wasntnorox. Feb. 22.—-—(lreut excitement cuusud by the action of President Johnson in tho rumoul of Stanton from the war office. Gen. ’l‘homas. appointed to succeed Stanton, has been been urn-stud for violation of the tenure of office law; Bllll cotllmittea on recon- struction agreed upon a bill to impeach the President.

Nuw York. Feb. 21.——Adt‘ices from Nassau to the 13th inst. have been received. A meeting of black. I.“ been held there; the apt-alters openly critictzcd the Government for its inability to extricate tho Colouy from the difficulties caused by lavish expenditure and axtt'lvagcnt measures. «be. The whites are thorougnly loyal to the British Crown, but are uneasy in regard to up; dimridon of the negro". “flaw Your; Feb. 21. r. M.—-Gold HO}.

Mums, Feb. Eli—{I‘M It‘renfn Globe has a report that alarming revolts have l-ru up out among the prisoners in India.. . . .'l‘ho audience at George Francis rule‘s lecture last night in Dublin was very boisterous. Some persons present who hissed the speaker were vezy to..th used. A strong force of pollct- were on hm, , “a wanted any serious personalvtolcnco or disloyai *nmtralioun. . . . .Tho coroner's yury have concluced {pug-acted investigation of the explosion of the Clerk— inn-ell bouts of detention. and tcytlay rendered their bring a charge of murder against the

re. Bare“. Euglis h. O‘Kct-fo. Mullaney and two

.‘fi, we. wanna Ann Justiet‘. and other! when

* M not yet up cared. A doubt to ex rcased as

up “emplloity ofAl en.wlto Was recently d 3"har ed.

baa, been re-nrrcstcd. The verdict conclude by

, "" y censoring the metropolitan police in the affiliate“ istrict for lack of activity and vigilance.

' pox, . 23.41:. William Foster. mrmbcr for mm, in given notice that on Friday, the 28th inst, bullion“ the attention of the House of Commons to “Idiot Ibo Naturaliantlou IAI'Q. and to the ri ht of ‘ ‘ — tom. . . .Mr. Sulpraui of tplc Dhubh'a alien, ; ., m“ at ctyo pulls lag seditious

Witt. W

, ( Dior? silxinhtonths im;)l;il0l5m0pt.

ft.“ ’of in rs malt. couv etc o a

l.“ ,1" massacred to twelve mopths imprison. mhfidam well lie-required at the expiration

‘ of confinement to furnish security for Winch. . . .’I'he bill for the regulation of“ «W press is still curler dimnsslcn in the ' . , ' The amendments for allowing the . Min-r! scutmarics, and of the Corps Lc‘ia- : . were rejected by a vote of who 67.

* an. Fab. Sir-Tito its septum tlcalpdrdcudnl

c

oration

M ” M WOMsswscttbs-sbuudsbadmtlnsybssuasu.

rails, in saying that the ram military preparations which are now going on in all parts of France. are of a char- acter and on a scale which lead to the conviction that they are designed to answer other purposes than thou of‘tp'ttltrnaldefcuq‘e.b 9‘ T d MW ' ‘

astuvorox. ‘u . - .-- ' repose men of the President led to a wa «rebate whiah'occu the House all day. Predictio a are that the tablet arts of Impeachment will pass this evening. Gold closed at Mi. .

Wastnxurou. Feb. 25.—-Thc question of Impeachlng President Johnson was taken in the House of ltcpre~ untatives last evening and carried in the aIIIrmsttve. liltl to 47.....Committcea Were appointed to grepore charges of Impeachment and report them to the uncle. Great ext-item II prevails on the subject.

Loxuox. Rib. 2I.—-Charlsq E. Stewart. Chairman of the Board of Directors of the Anglo American 'I‘eleitflf’l' (lutntimu‘. died suddenly of appoplexy. iu the Board loam. on Wednesday last.....lu tbs IIoasa of Lords tonight the bill removing the suspension of the writ of "about Corpus in Ireland was advanced to a second retitlhiz.. . ..In the debate to which the bill gave rise. I'larls Russell and Grey spoke at length. udvocatlng‘rc- form in Ireland in bath State and Church. Specimen“ reply were made by the Earls of Ilardwiclto and Ellen- orough and the Martinis of Westmeath.....ln the House of Commons this evening the proceedings were unimportant.

Opinion and Report:

(2/ Afforncy and Solicitor Generals. upon the Petition of Joseph M. Dixon and others. (Selkirk Estate). referred to them it, His Est-cilcary the Lieutenant (inventor in L'ourtcfl.

The I‘t-tititn vl‘Josrph M. Dixon and other inhabi- (ants ol'lhe lute selltirlt Estate. In this Island, has been referred to us for an opinion.

ltscts forth that they have all become purchasers from the Government of their locations on the above estate, and that must of tlu-ut have regularly paid up their accruing lustaltuents oftlte amount charged upon thrtu by the Local Government. for the I‘rt-ehcl of their I-‘arms. That it appears now. as they allege. from the public accounts. that the total amount paid in, on account of the estate, has been ,ru'nre than enough to repay the capital and expenses laid out by the Govern- ment in purchasing it. ‘bt-y snbmitthcir opinion that acettrdiug to the spirit sud intention of the Land purchase Act, III Vic. cu ). 18, it was not intended to exact from tho tenants 0 any estate purchased by the Government. any amount beyond what Would be neces- sary to render the purchase sclhastaiuing and keep the Government free of all costs and charges. Their request is. that no account of the estate should he made up. and if it should then appear that the capital ml. vauecd by the ,Guvrrutuont. interest and all lawful charges 'rvspuctiug the Estate. should a pear to have been re mid. that Illf‘lllilrel should be In on to release the l’t-titiuuers and their Lands from all further pay- ments ms account of tllrir purchaser.

For the purposes of this opinion. we assume that thc Pelifilionrrs are correct in statitq,r that the full purchase money of tho Selkirk Estate and all costs and expenses connected with its management, &c., have been reim- bursed to the Government, and the questions on which we are called upon to give an opinion, are.us we under- stand them. whether, Ilot'tll'dll.fl to the intention and

meaning of the Land Purchase Ilill. an Estate when,

purchased. is to be required (ml to be. sustaining in respect of itself, or whether an .stute purchased can he required to assist in sustaining another Estate. or Estatvu, where a loss may occur or shall be apprehended. and, incidentally. whether. where an Estate proves more than srlfuustnining. and the purchaser! or occupiers have paid a sufficient amount to clear the Government from loss. they are fpso farm discharged from further payments to which they have bound illvltlselves by deed. or whether they are by law bound and cutupt-llnble If required still to discharge all remaining unpaid instal- ments of their purchase money,

The Land Purchase Bill ntttst. like all other acts. in- conatrut-d according to the intention of the Iwgislttlurr‘. collected from its as trees words. and where those are not explicit, gathert: froth the occasion and necessity of the Law, and the cause uhich mart-d the Legislature to enact it. The good intended to be done. the evil to be cured n Id the remedy proposed must also be inquired into. and such acouslruction given. to it ".s will. tfpossi~ bio, give I‘nllell't'ct to the act. according to tinI trut- intent of the makers of the act. deduct-d front a view of the whole and every part of it taken together. Guidt-d by these principles. \vv approach the cousideralim of illll, important case. and having given the statute in question careful consideration in oil its parts and enactments. wc report upon it and the Petition, as follows:

The object and intention of the Act. as declared in its preamble. was to enable the 'I‘enuntry of this Island to convert lht‘lf Leasehold 'l‘enurcs int v Freehold I‘lclnteu. at an cosy rate. and on fair terms. This was to be done by tho anrumeut stepping int—advancing the money «purchasing the Lands, and reselling them to the Tenants on fuvorubleuud easy terms. with time for pay- ntobtto be given film“ as Npl't'ilit'll in tho Act. " (' Act requires the Lieutenant Governor. with the advice and consent of" the l'lXt'f‘lltiVI' Council, to call for Ten- ders for the ruin of Lands to the Government, and when any Tender of an Estate has been received and con. sidered. to conclude the purchase if approved of. After " each purchase of Lands " effected under the Act. the

9th section enacts that “it shall be the dttty of the Commissioner of Public Lands within three months to tnalte a report and return of the Lands purchased. (for

each Township. a separate report and return.) designa- ting praticulurly the quality. nature. description and position thereof. and arranging the some into classes;

and it shall be lawful for. and the duty of the Lieutenant Governor. by and with the advice and consent of Her

Mujer‘y's Executive Council, thereupon to fix upon and

determine the rrice to be charged for the sale of each clues and description of Land: the same to be regulated so that a Inllicleut price he charged in the aggregate to cover all costs. charges and expenses of the purchase. transfer. survey and management of the Lauds.-—-tlu- purchase money and interest thereon—loss to tltc:gone-

ral revenue from decrease in the land tax. on account

of the lands purchased under this Act: it being intended that this Act shall if possible. be self-sustaining. and that all expenses and outlays shall be paid out of moneys arising from the sales and rents of Lands purchased hereunder, and that the purchase moat-ya, and interest, should also be repaid out. of the same fund, without an

resort to the general revenue, ifit can possibly be avoi - ed, but that this object being attained. the Lands shall

be disposed of to the Tenants and other persons desirous

of becoming purchasers at as low a rate as possible."

The principal question now submitted to us, is in-

\ circdin the construction to be put upon this 9th section. We are of opinion that under this section each Estate purchased is to be priced separately, with reference only to its own cost. whether of purchase or working cx. cases, and not at all with any referen’eo to any other lstatc previousi purchased, and that the selling price of each class of ands is to be fixed, so u if possible to malts the particular Estate to which it belongs self-sap Mining. but no more than self-sustuiuiufi. and that if a loss should by any means occur. or its li sly to occur. in respect of an particular Estate, it must be paid out. of the General cream. and cannot be charged upon the Tenants of an other Estate. in short. that one Estate

cannot be supplemcutvd at the expense of another. A close consideration of the wording of section 9, appears to as conclusive on this point.

The Report to he made by “ the Commissioner of

Public Lands " after I‘ each purchase of Lands ” is to be design tbmof. and [document's-ram. ‘ ’ each class suds-stilettos of land. This can out n.

a as rats report and return for each Township. still“ the uallty. nature, description and position angular the same Into class”. and the

.6 istbsmpoa teIx tbspvlsssl

f to ticularl‘etstsln section recent! a d

, £4 mhfmfifgmasrbfstto,ffinladsafi ' v s M” prised.

h lame-tn a midst of allththvm-

' «soups attack place. and

‘ ' In some mrslud to raisi- the priest“

a lab . impracticable. unjust audit. ' t lrloll.lf.tbo,tbs ,t gr , ctr..." alum. t...” .. 3.....t‘m “Whom particular Emu aster sea.

- the GO."

“duration. as recently purchased. and not previously rlosd. then it follows that the price must and can only be regulated to reference “tan: on lob: basis of gt costs. at MWI‘W a t u or no. trace r. survey at: , mantel the Lao roomprised in that Estate.“ a ‘ us money and interest thereon, loss to Reroute from decrease in the Land on account of the Lands purchased, the salary of the Commissioner of Public Lands. and all other expenses attendant upon the working of the Act, so far as the latter relate to the particular Estate. or can be fairly chargeable to it. .

Acting cadet-she strict provisions of this section. it is hard to are how the pricing of an] Estate can be, in- Ilut-uced in any way by the results of a former purchase of “other Brute. . ,

The Act to pose: that each purchase shall be salf~ sustaining, an whilst it acknowledges the bare possi.

should be mortal to to make up any loss incurred in respect of “other Estate. _ .

If. as tho Petitioners allege. the Selkirk Estate has been charged with the payment of. any large amount more than was aired as malts Its purchase selbsus. mining. then we ink that it has been as char ed con- trary to the s irit and meaning of the Land urohue Act. under w lob it was purchased.

They have, however, it appears, outlrrtbc 10th section. come forward and consented to purchase their locations at the price so fixed. and have taken and signed and sealed their deeds, and h ' so doing have solemnly bound themselves to pay the all amount charged. from the mymcut of a portion of which they now seek to be I’Or

ieved ; are the not legally bound. therefore, to pay a full, although the price charged may have been exorlti~ taut? We are of opinion that they are. and that the relief for which they now seek must be obtained else- where titan in a Court of Law.

The question raised by the Petitioners is one of the fair construction and intention of the Purchase Bill and we rcpt-at our opinion that the Estate should have been priced only so as to be sustsiuiqlg in regard of its own coat, and that any price charge over and above what may have pruvud requisite to effect that object was not a charge in accordance with the spirit and intention of the statute. ,

Should the allegations in the pctilitln as regaids the Government having lit-cu reimbursed in its outlay. prove correct. on a careful account being taken. it all! then be a matter tvurthy of the consideration of the Government and Ll'gllillllll‘t‘. whether it would or would not be right and equitable to pass an not giving some relief to the Petitioners.

Solicitor General. Charlottetown. 13th February. 1868.

a ii i m t r a l a. ‘vcduefl‘lnb'. lulu-eds

MEETING OF Till} LEGISLATURE.

(It’ll Island Legislature meets to-day for the doaputch of business. We are not in the secrets of the Govern» ment. We do not pretend to know more than our readers of' Its future policy. Any remarks which we may make are altogether our own; We owe nothing to governmental inspiration. It is the fashion, in Certain quarters, to speak silghtlnuly of our Island constitution. and to he witty at the expense of the three estates of our little realm. The area of our Island Home Is very limited. and our topics of legislation are certainly not of \vorltl-wltlc importation. I The newspapers of foreign countries are not filled with discussions on our political alfalrs, and the telegraph does not hasten to flush our governmental changes to the ends of the earth. Yet the people of the Island. few as thcv :‘re, must be governed, and the interests of Its public. tlmttgh they be Ilt'llllt‘l‘ many nor great in Iltc eyes of" our neighbors. are of the first consequence to its lullab- itnnts, and must be attended to. Though our rolatlons with foreign countries and the defence of our shores are all managed for us, yet enouglrretnalns to demand the anxious care and to tax the energies and uhllltles of the bust. of our public men. It Is of the. utmost Im- portance to the Inhabitants of the Island that Justice be fairly and impartially administered; that. they ctdoy the mum protection of their lives. their property. turd their reputations. that taxation he as light as possible. and that it be fairly Imposed on all classes, according to tbolr ability to pay, and In proportion to the benefits they receive from a settled government; that the edu- cation of their children be as good as possible, and as general as the circumstances of the country permit; and that. their roads and bridges be In good repair. of- fording a safe and easy means of transit from one part of the country to the other. These, we say. and other branches of the publlc service that we have not men- tioned, require the utmost attention of all who have the making of our laws and the direction of our public of- fairs. The happiness and the prosperity of the people. in a very great measure, depend on the able and eflbctlve performance of thclr runny Important and enemas duo tics. A truly intelligent man will never vlew with In- tlm‘erence the politics of tho country In which he may