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at Errata.

House, an amendment was moved, to strike out the word

' “Sterling,” and insert “Currency,” which was carried by a

. large majority; and ifCus-rios would take the trouble to refer to the. Journals, page 112, he would see Ilia-tan amendment was proposed to 'be made to the said Bill, by the Hon. Mr.

.J’almer, in Clause 2, by leaving out the word “Currency,” when Mr. Fraser moved, “that the word proposed to be lelt out, do stand part of the question,” upon which the House divided its followsz—Yeas, Messrs. Fraser, Macaulay, Wight- man, D. Macleau, Macintosh, A. Maclean, Cooper, Thornton, Montgomery, Hudson, Rae, D. Macdonald, Dalziel, Dingwell. Nnys, Messrs. Palmer, Yeo, Douse, .l. S. Macdpn-ald, Coles,

’ Longworth, Cambridge. In conclusion, I have only tosay, that! wish all those who profess to be the friends of the , Ople would state trtiths only, because anything else Wlll

.tiiiirt the cause they intend to promote. Your publication of :this‘ will oblige, Your obedient Servant.

~ A FRIEND as THE PEOPLE. Murray Harbour, 4th December, 1343.

’ To This Ent'roa or THE COLONIAL HERALD.

Sir; In forwarding the enclosed letters lbrpublicatton, they'7at'e to shew the constituency that the laws for declaring and filling tip vacancies in the House of Assembly Will hear more than one interpretation, and in that case were made to stiit party views and interests. ; '

In the year 1835, being the first Sesston ofti new House ofAssenibly, they passed an Act for vacating the scat ol any

*Mcmber who accepted ofany office Ofemolument under the

=Growu, and provided that any two Meti’ibers might declqre * such Vacancy to the Speaker, who was to apply to the (10-

Vernor fora Writ to issue for a new Election.

{Intbe year 1836, beingthe second year of the same House, :ahAct was passed to consolidate and amend the Election Laws, which Act provided for any two Members to declare a vacancy to be filled up in like lnilllllel',.llit‘3 wordolherwzsc including a vacancy by the acceptance of oflice.

z431nm the year 1837, being the third year oftlie same Honse,-it tnay be recollectcd that tl‘ie..Hotise ol Assemny confined three oftlie Members for King’s County, andtncn repealed the Act for vacating the seats of Members for ac-

, ing of any office of emolttment under the brown, and another Act, wherein the House offlssembly (instead «any two Members) is to declare the vacancy. ’ , ,

"In the year 1838, the three Members for Kings County Tiers again committed to confinement, and the ElectimiLaws .wero altogether changed, and the rights oftlie people lritter-

ed away more and more; but the 24th section of the conso- lidated Election Law (bysome mistake, Isupposc) remained unrepealed, aiid is now part and parcel oftlie Law lor vacat- ing the seats ofMembcl's, and the filling up such vacanctes— as much so as the late stibstituted Act—and it is highly neces- dary for the constituency to be_inl'ormed, to enable them to fiatch over the proceedings of their representatives in the

Legislature. ‘

You will, therefore, have the goodness to print the Actnow inforce, for vacating the seats of Members for the acccp-I ofolfice of ciiioliinicnt, and also the 24th section of the late consolidated Election Law, and the public may then

'itdgo for themselves whether the lion. Mr. Pope or my col-

bag'ne and me have given the Acts in question their true

Construction, for the rights qfthe people, according to the spirit ofthe British constitution.

' The spirit and intention. oftlie Laws for vacating the seats ofMembers, for the acceptance ofofiice, are to prevent the bribery and corruption ol’Menibers oftlie House of'Assembly, by'the Executive appointing them to offices of'eiriolument; and the only persons who are considered to be capable of judging how far the acceptance of such oflice mightfiffect their integrity as representatives oftlie people are their con- stituents, and a new Election is the only tribunal to ascertain their opinions.

' Should any two Members forget or neglect to declare a vacancy, and apply for a new Election in time, then it would be highly proper for the House of Assembly to declare the .Vacaucygbnt'ifthe House of Assembly only are to declare a Vlcantty in every instance that may occur, and to decide as

~ {9 what ofiice, or what amount of einoluuieiit will affect the integrityofany sncli memberus may have accepted Office, than. instead of preventing bribery and corruption, it would, git! all probability, have a contrary effect. For instance, *vnleti‘rly a majority oftlie present House of Assembly have no- ted office, atid they may, according to the Hon. Mr. Pope’s

,o‘nstruction oftho Laws, re-clect each other in the House oI'Assembly, and set the opinions and wishes ofthcir consti- tuents at defiance; and the evil would not end with a gene- t‘ll Election, btit would operate as a bribe, always held otit for any Members to tttrii traitors to their constituents when a majority in the House ofAssembly would allow tlietn to "hold their seats. Yours, 85c.

' WILLIAM COOPER.

sailor’s Hope, Decr. 4th, 1843.

(09m?) . . Second Electoral District, King’s bounty, - November 5th, 1843. Dear Sir;

, It appears by an Act of”? William 4, Cap. 13, intitule'd 49 Jet for vacating the seals of Members, in certain cases therein filiamd, and to repeal a certain Act heretofore passed for that rpose, that Roderick Macaulay, Esquire, Member for ' orgetown, has vacated his scat, by the acccptaiicc ofan ofiice ol'emolumeut under the Crown, namely, that of Coni- missioner for the Recovery of Small Debts, under the Act, 6 Victoria, Cap. 24, intittiled flit. flct to provide for the sum- mary trial ngniall Debts, and to regulate the proceedings in cases ofSummary Capias; and it appears II‘OllI the 24th Sec- tionot'an Act, 6 William 4, Cap.24, intituled Jln flat to Waddle and amend the Election Laws, that where a Member resigns his seat during the recess, by his removal from the Island or otherwise, any two Members may inform the Speak- er ofsucb vacancy; therefore we, the undersigned Meni- “v representing the Second District ofKirig’s County, have here‘byinfonuad you oftlie vacancy, as above, in order that sWrit for a new Election may issue accordingly, i " And have the Honor to be, Sir, Your obedient servants, WILLIAM COOPER, WILLIAM DINGWELL.

;

k . (Signed)

The Hon. Joseph Pope, Speaker, &c. &c. &c.

(60w) '-' Gentlemen; . ‘ I have the honor to acknowledge the receipt of your communication, dated 5th inst., notifyingtne that Roderick Macaulay, Esq., one oftlie Members for Georgetown, has “vacated his seat, by his acceptance ofan oflice ot'einolument ‘ under the Crown, and calling my attention to the 24th Sec- tion of the Act ol'6th William 4, Cap. 24, intituled An Act to consolidate and amend the Election Laws, Will! a view to the issuing Of‘a Writ for a new Election.

I am aware that the clause in question points out the course pursued by you, in the case ofa vacancy arising from any of the causes therein enumerated; but as no mention whatever is made in said clause ofths acceptance ofan office of'eniolument under the Crown beitig a disqualification, it cannot by pos- sibility apply. But even supposing (as I perceivo you do) that the acceptance ofaii office is inclttded in the words “ or otherwise,” I take it, even in that case, it would be virtually repealed by the subsequent Act Of7 W. 4, ,Cap. 13, which creates the disqualification, and then provides, that when the House ofAssembly shall declare that any Member thereof hath accepted an olfice of emolument under the Crown, either during the Session or recess of the Legislature, the Speaker shall then notify the aditiinistrator‘ of the Govern- mentun order that anew Writ may be issued; consequently, any interference, on the part of the Speaker, until the requisi- tion of the said last mentioned Act shall have,been complied with, would be illegal. -

' I have the honor to be, ' Gentlemen, ‘ Your tnost obedient Humble servant, JOSEPH POPE.

Bedeque, Nov. 18th, 1843.

William Cooper, Esq. M. P. P. Wm. Ding'tvell, Esq. M. P. P.

'To THE ,Eni'ros or 'rnr: Coconut. HERALD.

Sir; “ William Swabey’s” volunteer “disclaimer” is some- what prematuretas it is his affidavit oti the 11th proxniio that I want, il‘tlie Judge see fit to allow it. That up to the time at the trial, that gentleman “never knew the substance or terms of the Resolution” which made so much noise in the world, is so very extraordinary, considering his Well- known intimacy with the Governor, and that it had previ- ously become no secret in Charlottetown, and being an nt- ter stranger to “ IiV. Swabey,” perhaps he will not object, if I weigh his statement iii the balance of probability, and find it to lie rather light.

But it is with your editorial my business lies. I would bring to your recollection, that I um um bandying compli- ments, nor discussing points of honour, either with you or the jailer, btit using means to relieve myselfli'oni a prosc— cution which no man will now say ever should have been ; and I merely avail" myself of Mr. I‘IUKCILIIISOU, as I would of a fencing—pole, were it beside’me when I happened to liill through the ice. That he should have denied the lamination— right or wrong—was to be expected ; but even were he, the very plicenix ofliononrahle jailers—wliicli you seem to llllll-I glue—I do not recognise his right to demand the name ol auv individual whom I might Or might not atlduce as an evidence. Since you know so well what Mr. ll. said alter Court, why not tell all ? Must every official about Charlotte- town be screened, no matter what his grade? The jailer

further stated, that he would make aflitlavit he had never‘

used words to the purport ascribed to him. To which I re: plied, “ As you like, but you had better recollectyourscllf and after a pause he said that perhaps be had been talkingr to some person endeavouring to cntrap him into aii expres- sion ol'liis setitiiiicnts. I place extremely small confidence in the evidence afforded by affidavits, when interest leans in the same direction; sti‘l, n0 alfidavn has appeared,. but, instead, without a public document ofany kind for your warrant—even so much as a published letter from the jailer

-—you at once denounce my statement to be an aspersion rest—t

ing upon my own authority, or, in plain English, invented by myselll Pray how do you know it to be an “aspet'sion ?" You certainly come it pretty strong, considering that you, privately, knew my authority, ever since the day ol'Courtl You (Mr. Cooper) surely cannot have lbrgottcn that you entered the parlour ol the Wellington Hotel, where I was, immediately after Court, and tliatynu remained there until I left the house in your cotiipany. You may also remember

that three or four gentlemen were there, to whom I llll'lll frankly, but privately, ol'course, named my authority; but‘

perhaps you will plcad, like Falstaff; “tlle discuss ol'not listening, the malady ofuot marking.” That your know— ledge (lid not tie tip your hands “‘01” making the preceding insiiiuntion, is one of those aiionmlies which, I presume, I shall never rightly understand until I be aii Editor Should lever be under Mr. Hutchinson’s keys,’l we shall understand each other very well; and, iii the menti- tirne, would liint' the wisdom of silence to him and other small finictionaries about towns “Every dog has his day,” and this being the last proprietary Assembly that will ever sit in this Island, a change is inevitable.

I omitted in my last to say, that not being an admirer of

general and vague assertions, perliapsyou will bekind enough nudge to postpone it,

to state in what particulars counsel could have availed me, or I shall, most likely, pursue the very same course in future, should I ever need to do so. That tliejur ' did not understand whatl said, is sheer liumbtig, howsoever much they may wish it to be believcd. l have a sort ol'ii notion that had I thrown my case unreservedly upon the managetiicnt oftmy barrister, that in the heat of party-spirit. ajudgtiicnt would have been recorded on the day of trial that might have been -—wliat ?—inconvenient. Your obdt. Servant, D. MACLEAN. New London, 6th Dec., 1843.

[\Villi reference to the above communication from M r. Maclcan. we feel called upon to remark, that. we have :i perfccl rccollcw lit-n oftlie circumstances connected with our interview with liitii .it tho \Vcllington Ilotcl, to which he has ailvcrtod, and the prin- cipal part-—ifiiot the wlmle—ttftvliat transpired on that occasion. Among other things, we reiiieiiiliur stating, that we had just lllt‘l Mr. Hutchinson, the .Illlll‘l', in the Street, and that he appeared much annoyed at the statements which lnidjnst been made by Mr. Maclcan, in open Court, with rcfcrcnt'e to liiinsellL—tliat Mr. Hutchinson had assured us that these statmnents were utterly false—lliiit be (Mr. II.) had demanded his (.‘vlr. DI'IIIS)‘illllllllrll\‘ lbr making them-4t compliance with which was, ho conceiVi-tl, most unjustili-tbly refused, and by which be felt liinisclfhotli insult- ed and aggrieved. Ive. also rotiitirliwl that, in our opinion. flII‘ Hutchinson was, in strict jilt-‘ill‘t‘, entitled to the name: oftlie iii- tlividual from whom Mr. Marlcaii durivcd his information; lint to the assertion put forth by the latter gentleman, in the above communication, to the effmzt, that we “prit‘alc/t/ knew his au- thority ever since the day 4IfCt‘rlIl",“ ‘

and that he, in the presence of“ three or four gentlemen,"

did, “ in] the parlour oftlie \Ytl lington Hotel," or in any other place whatever, “ frankly, but privately, name. his authority," we are reluctantly" coin- pulled to give the most positive and unqualified denial: And since nothing less than “ afllrlavits” will satisfy Mr. Maclcan— though he more than intimates his want of“ confidence" even in tlicse—we may further state our readiness, when called upon, to corroborate this statement upon oath. moment, that Mr. Maclcan did reveal the mighty secret, as sttl‘cd by Iiii'nscll', we should like that. hon. gentleman to inform us what satisfaction snch a revelation could alfortl lo M r. Hutchinson, or what amountofevidence the more knowledge oftlie source from whence the reports in question emanated ivoiild be likely in con- vey to the minds ofthc “ three or four gentlemen” to whom he has alluded? “'e hesitate not, tlierei‘lire, to repeat, that—as Mr. Maclcan has thought lit. to withhold the name ol'his informant from the party aggrievcd—“tlie n.9pct-sz'cn"— allowing M r. I]. the same privilege as Mr. Maclean would undoubtedly claim for him- self, ifplaced in similar circutiistances, ofbcing accounted inno- cent until proved guilty—~“ must consequently rest upon his own authority."

Mr. Maclean expresses his aversion to “ general and v lions." He also appears extremely anxious that w to “particulars,” (as to thee

But even supposing, for a

aguo asscr-. esliould descend mployinent ofconnsel.) and inti- mates that unless we do so, he may possibly be induced by pursuing “ the very same course,” to commit a similar blunder on some future occasion. We can assure Mr. Mac- leau, that we have very weighty and cogent reasons for ad- hering to the opinion we have already expressed on this subject, which, however, we do not feel bound at present to explain. However, in order to relieve Mr. Maclean’s mind from any undue anxiety on the subject, we may state, brieflv, that the “evident disadvantage" under which he appeared to listii labour. arose, not so much from the matlcrofhis defence, &c., —tllllul'll we are far from thinking that altogether faultless~as from the manner of his delivery, his own assertion to the contrary not- withstanding—~and hence our opinion oftlie necessity, III M r. Mac- lean's case, fiir the employment ofcoimsel. However much he may affect to despise such firensic aid, we cannot help tliinltinu it would have been of very essential service on the occasions ad’- verted to, For ourselves, we candidly confess, that althonnrli we attempted to take notes of what passed, Mr. Macleaii’s trains of voice, manner, gestures, &c , completely baffled us; and we have good reason for knowing that the Jurv were not the only persons in Court who found itextremely difficult, at times to comprehend his meaning. Of this we are quite satisfied that how well sosvnr Mr. Macleaii‘s speeches, &c., may read 7when printed in a fine clear type—as delivered bv himself thby are anything but pleasing or effective; and ier. Mneleinn is not satisfied with our naked assertion on this head, we confidently appeal, in corroboration ofourViews, to all who have ever had an opportunity of Witnessing his abortive attempts at public speak-

gs, in the halls oflegislation, or in the

ing, whether on the liustin Supreme Court. To say anything further on this subject we consider a Work of supcierogntion. Before we conclude bow- ever, we have one observation to make, and that is. that in thus alluding to Mr. Maclean‘s defence, &c., we have s' oltcn ofhini as we found him on the occasions referred to withriiIth an political bias or feeling whatever, and the advice we; have befori given, we would again, if necessary, repeat, in perfect good faith, dvantage and the success of

and with a view solely to his own a the cause he may have in hand. We are hold to say--whatever Maclean 9 mental qualifications may be-—and we have nOt

Mr. the slightest disposition to nnderrute them—~thnt Mr. Maclean will exercise of his vocal powers,

never effect anything great by the

Sr oticupy a very distinguished place among the orator: of the fly.

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It is a curious fact, that Prussia l

evies neither duty nor ex-

cise upon the consumption oftoba

_ , , 000—“ Sin Illarexce tion We imagine, in Europe. g p ‘ ’

l l . l

jhimself at table to a friend 2—“ Yes,” says the Lord Chan- ,cellor, “ and I borrowed thirty pounds to go to the northern Ill)‘SHll:[cll’Cllll, but [got no bricjir. And, sir, I borrowed another; daresuy thirty, but met with no return.

noun Button or nmowaLL. (From the London Sun, November IO.)

The billowing highly complimentary resolutions, coufiar- ring the freedom oftliat ancient burgh upon the undermen- tinned nobleman and gentleman have recently been passad at the Town Council :- ,

Extract limit the minutes ofa meeting oftlie Magistrates and Council oftlie Royal Burgh of Dingwall, head burin of the shire of Ross, liolden the 27th day ol'October, 1843, Hugh Iiiues Cameron, Esq, Provost, in the chair.

On the motion ofPrtivost Cameron, it was unanimously

“Resolved, That the respectful and best thanks oftlie ma- gistrates, council and community ol‘this burgh, be tendered to the Right Hon. the Earl of Dalhousie, for his friendly and efficient aid in l'acilitating the progress through Parliament oftlie Act oflast session, appointing Dingwall to be the bead burgh of the shire; and that his Lordship be request- ed, in testimony oftlie obligation which the magistrates and council owe to his Lordship, and at their respect for his public and private character, to accept the fi'cedoni oftlie burgh, and be its first b-urgess alter its appointment to the bend litirglisbip of the shire; and that the same, and an ex- tract ofthis resolution, be transmitted to his Lordship by the Provost, be entered on the records of the burgh, and he published.

“ Resolved, That the cordial thanks of the magistrates, council, and community of this burgh, be tendered to John M‘Grctror, Esq”, Secretary of the Board of Trade, for his ifriendly assistance, which be rendered in carrying thronin lPai-liainent the Act of last session, appointing Dingwall to be the head burgh oftlie shire of Ross—a shire ofwliicli the inanistratcs and council have a pride as well as a pleasure, in thus recording that one who has rendered such eminent services to his country, and to the cause oftruth, by the ex- position and promulgation of the only sound principles on which trade can be lountlcd and government regulated, as Mr. il‘l‘Grcgor has done, is a native. That Mr. M‘Gregot‘ be requested to accept, iti testimony oftlie respect which the magistrates and council bear to his piibilc and private cha- acter, the freedom ofthe burgh; nan that the same, with an extract ol'tliis resolution, be transmitted to him by the Pro-‘ vost; that the resolution be entered upon the records of the burgh, anti be published."

Extracted from the principal iiiiuutcs, by ' M capo CAMERON, Town Clerk.

ANECDQTE or Loan ‘Citascmmoa I“.i.noN.—Lnrd Eldon used to toll with plcasure the difficulties with which, in his early days, he was surrounded, and nvur which he triui‘npherl. We give an account of his carlv success, as be related it":

l

After some time at this game Iliad determined to borrow no more; when I was pro 'ailed on by a friend to try again, and did so. At York I had a junior brief, and Davenport, then a leading counsel oftlie circuit, was to state the case to the jury. The cnnsel was called on in the morning, and Davenport was engaged in the Crown court. “ I,” says the Chancellor, “ begged the btit he replied, ‘You must lead, Mr.- Scott.’ ” And [did so; it was for an assault; two ladies had qiiarrelled at cards, a scuffle ensued, and one oftliem was turned ofl'ber chair on the ground: this was the nature of the assault. " It happened,” proceeds the Chancellor, “ that I set the court in a roar oflaugliter, and succeeded for my client; retainers began to flow in, and the prospect)

stance occurred. -- I had retired earl the :issizes, when I was aroused by a knock at my door: on ‘ getting up I found llr. , the solicitor, with a large brief, in his band; he observed that a cause was cotiiing on in! the morning: and the learlin Eagcd to read so large a brief “You must take it. Mr. Scam” Ihesitated, as Davenport and others had declined it. and ex- pressed my doubt ofbeincr able to accomplish the task. He v presscd me, and bv the little light, a