. ‘inertia’ .m. (From the .500 “IE Herald, July 20.) THE DOUBLE EXECUTION. The Hanging of Edward I". Douglass and Thomas Benson. for Murder sit tits High sm— Scene is the Tomb: Yard. In pccordsuce with the United Suites lavr, Edward I-‘. Douglas ‘"4 “"’""‘| Bt"|*0¢- convicted of the murder of Asa Havens, second rnate ofthe bark Glenn. on the night of the l'Ith ofBeptem- 50?. I350. Wlt_tle sailing in the Pacific Ocean. and sentenced to be “‘°°'l°d °'| "filly. Iltll ,J"'Yo between the hours often and twelve “flock. were launched into eternity. st five minutes past eleven o eloclf. and thus have atoned for t crime committed against the laws, in taking the life of a fellow being. _M In early ltnur the avenues and entrances lending to tho city prison were densely crowded by anxious persons, sortie with tickets of tI_dmtssion. bu_t ll much larger number without, awaiting with anxious expectation to push their way in if possible. Near the hour °f_'l°"¢§| 0"‘-l0G.lI. sortie three or four hundred persons had been ud- mllld |||l_0 the prison yard. Among thertt we noticed his llonor Mayor Ktagslitttd, Aldermen Morgan and Ciuiklin, the Chief of Poltece, M_tj. Mstaell. and it large body of policemen. to keep order, together with it file of marines of ten men. under the comtiiaiid of Lieutenant Norvil. The scene becaine one of ints,ris.- anxiety as the hour approached fol’ doptned men toiippeur under tlto gallows. '|‘ltc Marshal in Che prts_on_ cell, read the death warrant to both, in the presence of Mr. Hugh, Maxwell, J. T. Hall. Z. Ring. ttnd special deputies 'I\llmsde_ and Thompson. 'I‘lte culprits were then led froiti the cell by Deputy Marshals llrown and De Angelis. preceded by Mttrsllitl Tulliriatke and his two special aids, and in the procession were the clergymen and ctliers. The doomed men were placed under the gallows, and Marshals Ilrown and De Angelis stood close by their side, in order to adjust the fatal rope, when ordered to do so by the Msrshal._ The United States Marshal then addressed Douglas in the following words :——M ‘ “ Edward I-‘. Douglass. the hour has now come for your execu- tion. and If you have anything to say, this is tlte time." Douglass, in u scinetvhat tremuloua voice, spoke briefly as fol- ws :— ". All I have to say is, tltat the wages cfsin is death. I want to tell you all my friends, and people,tliiit the wages of sin is death. I am now getting my wages ; you see an example before you. Let mewurri you all against beginning with small things of evil. lest Y0" End in large ones, Again I any, you have an example before you. Take warning, I entreat you. I have one thing more to say to the United States Marshal, and to all you people—.lames Cle- ments _ts Innocent of the crime with which he is charged ; he is not dcsortlnfi ofdeath. I have no more to say.” ' . \Vhert he concluded. his countenance assumed a deathly pallor, his forehead and face were drenched with perspiration, and his frame shook violently for about a minute. Marshal Tallinudgo then addressed Benson in sitnilar language to that s ken to Douglass. ‘J en and Brothcrs—I have but few words to say to you before leaving this world. I did not have any thing to do with the murder (If IIaven_s. I did not strike him. nor shoot hint, nor stab him, or use arty violence against him ; and, to my knowledge, Clements is not guilt of participating in his murder. This I say at triy dying hour be ore (ind and man. I am about to die. I am prepared, and I say to on all, he prepared, when the hour comes to meet your God. ou see what Christianity—I sin resigned ; I am an miiiple before you. Farewell, my frierids—ttiny I meet you all in ‘ ven.“ Benson held in his hand it hymn book which h:id been given him shortly after being placed under the gallows. On signifyiitg that he wanted to sing it hymn, his request was [flirted by the .\I.-irslial. In a loud, clear, and firm voice he sang t first verse of hymn No. 835. from the book which he held in his l_"|}|d.- Douglass, in it tone of voice that was scarcely audible, jUt,lIet.I_ the singing. The lines were as follows, viz :- '~‘And let this feeble body fail, And let it faint or die, My soul shall quit this movirnful vale, And soar to worlds on high ; Shall join the disembodied saints, 7 And find its long sought rest- Thiit only bliss for which it prints- In tho Redcemer’s breast." Afier the conclusion of the hymn, the Rev. Mr. Hodges. of Brcokly. the ofliciating clergyman ofthe unfortunate men, made it short and appropriate prayer. Both of the condemned seemed to unite mentally with the clergyman, in calling for mercy froiu the I-Iternal Jake, before whom, in it few moments, they were to tip- pea‘rl.n and wlin the prayer was ended, they added fervently, ll ‘ en.lI Marshal Tallmttdge and his assistants then shook hands with the prisoners. bidding them an everlasting farewell. aid‘ hold of Benson's hand, the latter, looking him in the face, sa : ' “ Marslial, may God bless you. and may I meet you in the ranks ofthe living, in Heaven. Be prepred and take warning by me. Idie in the all confidence of saving grace.” At shaking hands with the Clergyman, Douglass was much af- fected. lle said. tenderly g'ras ing the hand of Mr. [lodges : “ Farewell, Mr. Hodges . can have been a true friend to me in all my trouble ; that is now at an end. You have been s kind Either to me. and I feel grateful for the interest on have shewn in my behalf. May God bless you and yours ; and may he keep you its strong and constant in your uiiuistratiors to others as you have been to me.” On concluding these few words, Douglass seemed almost in a fiinting condition. He is iped away the heavy drops of perspiration that trickled down his face. gave one look at the fatal cord that swung perpendicularly over his head, and then closed his eyes for it few seconds. In bidding farewell to Rev. Mr. Lockwood. Benson said, “ Farc- vvell, brother! Keep firm in the faith. and may I meet you in inflcuven. God bless you ! Farewell !" The guard of marines were then drawn up in it litie at the foot ofthe gallows and ordered to kneel. The black caps were drawn over the faces of the prisoners, and the nooses attached to the hooks onthe cord. lllrtrshsl 'I‘iillr'.tadge then gave the signal, b draw- iug a white handkerchief from his pocket. when Deputy nrslial Raliielwez cut the rope with one blow of the axe. and the bodies of Douglass and Benson were suspended in the air. The prisoners bud been standing under the gallows precisely ten minutes. At five minutes after eleven the rope was cut. Benson struggled hard, and at the eighth minuteafler the weight fell, he gave a net convul- sive movement, and his soul was in eternit . Douglass remained perkctly motionless for several seconds. Ila than drew up his arms. gave two or three slight convulsive twitches of the body. and all was over. The bodies were left banging till twenty minutes to I2 o’clock, when Drs. Gear and J. IV. Metcalfexsmined them. and pronounced life extinct. They were then out do\vn,and placed in coflins preparatory to their interment. ., After the bodies of the sufferers were laced in their coffins, the motlter of Douglsss was admitted by llli. Bdmonds, the humane and efficient Warden of the prison. 'I he nfliicted mother ap- proached the coflin. and the instant the lid was removed, she fell on the body of her boy, and exclaimed in extreme and painful grief: "Ah! my son, my poor boy, your trials are now all over on this- earth: your last t ial has proved a fatal one in this world.” She knelt over the body. and kissed him again and again, at the saute time cutting off portions of his hair as keepsakes of the un- timely end of her unfortunate child. She has now a daughter. the only child left, having lost one daughter by death since the pend- ing ofthe trliil. The bodies were removed from the prison by their friends, during the afternoon ; and we understand that Douglass is to be interred at Greenwood Cemetery. and Benson in the bary- ing ground. During Tliursdiiy afternoon. Mr. Daniel B. Gavit, diigusrrcm typist, corner of Broadway and Murry streets, conveyed a daguur. reotype iip rates to the prison yard, and Douglas sat for his like- ness. and llfiitr impressionawertt tslien. Benson was also taken by the seam sftlht ; and a copy of each was presented to the mothers ct‘ the unforntiiste youn men. Mrs. Douglass spressed herself much gratified at the ki present. - Iran as Co'ivcoitu.—A destructive fireoc¢'tI'f_0d st Concord. New Hampshire. on Monday night--the _wor|t. it :1 Ilnoud. of iseendisriss. The loss of buildings is estimated at about $50,900. on which there is insurance to the amount of about £18.0i:.‘0- The In of other property lost is about soo.ooo. on what: then is tussraeeetstbs amount of about 00,000) but a considerable portion of this is on property on which the amount of insurance exceeds the less. so that the less of property not covered by loss- rances is about $40,000. The susounceninit that Ilolgtnsos. I coloured rlhii had been unused for setting the fire, is incorrect. The Selectmen. hrrwev_sr, have ulsred s _rewsrd of It .000 for the detection of tbs incendiary.-Boston Mutt. .—\v' lure f the lhbl “""""‘.’.‘}".i.."i-i.ai.'.'i2i"a'i stain... a...'i":... :1‘... 2 siivssubsexpsriinetttwss . oaths OJIWI 00 I lugs number stspeetuiors. with sseesu. Wlist the inven- tion; sssstsss efls not suited, but so me. svtytlilltl "NI MW 500"- vrslkei up ssil son as the river, srsslilsg etgsm Wllfilhl I‘ '50 vvsiuo(essinssiI.ssd isssvsrktytf ‘WWI "M0"- 'I\e' elpevlutssit was quite successful, and the he laven- nslts bis lstsus by ssltlvig lib boots ts miss. psssssgsvs. ssdtiuvsl|srsuusuv\VsstI‘IwstI|'I- \‘Vhile the Marshal ' It is said that Jessy List! will visit Quslise between the Irst and middle of October, and that she will give a concert. Pfflillttl I room of suficient sin can be obtained.- Teaders for $2,000,000 canal-enlargsmsat script were opedad at Albany on 'l'ttesduy afternoon. when it was found that lids for u wards of four millions were made at par. J. Thoinpson, of New ork, bid for tworiiillions; \\'m. B. Astor, for $40,000; Kingdt. Sell. for 825,000. and others for lesser sums. Rnsaaxsaul Diisnt II’ l.toit'rrvtrta.——At New London. I’a.. Sunday itlieriiomi. the Methodist church was struck by light- ning the pastor, and the Rev. Joiius Ilossly. who was in the pulpit, almost inlttttitlv killed. Several of the audience were stunned. ltlr. II. leaves a wife and two cltildreii. Custom Piritivoururrorv-—A Sirowxtt or I-‘soar.-Captain Brevoor. ofbrig l)el:t\vure, of Pltilzidelpltiai, from Cardemis (Cubzi.) writes to us,th..t while at that part, on the 25th ult., during the afternoon, a copious shower ufpiiu fell in and about the town, nflcr which could be seen not liuntlred.s—but thousands ofsmnll frogs in all parts of the streets,-—vio aliundatit indeed. that one could scarce ly walk witlmut truittpltitg them under foot. The Captain says its the place is not subject to that kind of fish, he would like to know wltt-re they come from. I‘erltitps some ofthe learned gentlemen of tlio srrir-titific associa- ciation, now in session at Albany, can tell.—.’\'ew York E.i:pr¢.tr. Tits: l'c1-A10 IIt.tGH't-.—-The potato crop in this State is likely to suffer front the blight. .-Iccourits inf the disease have itlrcauly been received from nine counties, viz: Madison, Ontario, Erie. Livingstott, Gerieaee. \Vyoinitig, Uttomlaga. Oitwego, rind Cortluiiil. In the three latter. the Syrai-use Journal sriys the rot is extetisity and the farrners are generally digging and sending to market. 'l'lte Danville (Livingston Co.) Herald of Aug. 20tlt, says: _ Accounts froirt nearly every section reprcsettl the potato blight us prevailing more generally than at almost any previous period._ In this and the surrounding localities. we hear incremiiitg coiuplitints, and tiiylcpd we shall not be surprised if we iiltall prove to be iiri entire at ure. I'ttt~'si:iv'rs'rimv or PLAT: ‘re Ilotv. DAVID 'l‘on.—'l‘hc following letter, addressed by citizens riftlie United States and otltcr merchants of Rio, to Hon. David Tod, lute United States Mittirtter to llriizil, is it merited testiriioriial of the regard in which the Minister's services there were held. by those titost interested itt their prompt and faithful discltarge. Five boys, all of a family niimed Onackcr, aged respectively 16. H, I2, ll ttnd 2 were burned to death at llrigliton, 0.. on the 19th; their puriic-stricken parents looking on unable to render them assistance. SAN I-‘ttsivctsco. JULY I7.-—-Iltrr.Ltoiv EXPOIl'I‘ltD.-—Tlle Custom House books show, that there has been exported from the port of San Frattcisco for the quarter ending June 30th, the sum of $9,000. 'l‘liis is of course ttot near all the gold that has found its way out of the country. 'I‘IIE\lI-IN'l)()US 'I‘ORN.\DO NEAR Ilt)S'l‘ON. “'3 learn front the Bostiiii papers that a terrific tornado passed over the villages of \Veston, \Valthatn, \Vatertown, \Vcst Cam- bridge und Medfuril, on Flltlily evening litst, about half-past 6. o‘clock, lcvelling in its course dwellings, burns, &c.. and tearing by the roots trees oflweiity to tltirty years standing. The scene is described as truly ti-,rritit>—timber and trees flying in all directions, and wottten and children s¢;i‘e.tirting through fear. ’l‘lte loruailo ap- pears to have covered tl iipricu ofnbout forty rods square, and the eight of the column appeared to be about a mile. 'l‘ltrougliout nearly the l\'lItllt! of its course it was preceded by it cloud of dam tlto appearance of which operated as it wariiiitg to many persons in the fields. roads, and even houses, and induced them to fly out ofthe track of the approaching danger. But for tltia circutiistance the loss cflife must have been itntiicnsc. No lives were lost in \Vest Cambridge, nor IIIIIIII broken. Mr. I"essetiden was taken frorii under the ruins of his store, in an insert- sible state, with his head and face much bruised and cut. Andrew Wilsoti. who was at work in .\Ir. Russel‘s orchard. was lifted up, and carried about 200 feet, and bruised in the back in the fall. The two-story house of James .\I. Sanford, depot rnasler at, that station. was taken up and carried about 200 first across. A two story house. nearly finished by Chas. Rollins, for B. E. Bates, rind worth $600, was turn to pieces, which were so scattered, that even it small pile of them was not to be seen. At West Medford, the house ofu Mr. IIufI'-mister, a German for- mer. was completely riddled, and he was found buried under the fragments, ltavirig received It violent contusion of the brain, Iltirh proved fatal. lle died on Saturday night, and was buried on Sun- da . . The windows of the railroad depot were all broken, and stlieavy ha age car was lifted from tliu track and rolled a distance of I50 ya a. _ _. . Several persons were more or less injured b flying timbers or bricks. Among them were George Maxwell. w ose skull vv_usfrac- tured, and Luke Costello, who had an trni broken. Both wbre ta- ken to the hospital. ' ‘ The wife ofMr. Baldwell, residing on the ltill, while standing in the doorway, was caught up and carried across the field itiidfover fences about 500 yards, but received no injury. " 'l'he damage done to buildings, garden.-, orchards. &c., has been estimated at $100,000, and it will robnbly quite reach that ‘aunt. It will take it large sum to replace t to fruit trees along. The accounts from llimina are of the most serious nature. We re indebted to the Purser oftlto Cherokee for the following fltarful narrative :-'I‘lie llabanero. S nish Govcriiuient steamer, while cruising offa place called Bahia , forty miles west of Havana. cap- tured a party of 50 patriots. who were in four boats. uiiarmed,and report says were steering for New Orleans. They were brou ht to Ilavsna on Saturday morning, the ittst.. ttnil at one A. itt., p trend on board a Spanish frigate lying in port. They were executed at quarter pastclevcn, A. M.. on the same morning. They were shot in the public road in Havana, and int the least calculation in presence of 20,000 spectators. LATER FROM CUl.l:\.—Sl.'CCESSI’.S OI’ TIIE INVADERS. ' MOBILE. August 2|. The United States steamer ' Vixen‘ arrived at Pensacola on the 20th, in four days from Cuba. (icricriil Lopez. it is said, made a stand at Manuel, and had had two engagenient with the Spanish troops, and was successful in both. 'l‘liu Spaniards lost eighty oliicers and 800 men. in killed rind wounded. The vv0I-IIIdCI.I and died were carried to lluvitns, arid the latter buried with military pomp on Friday last. The force of Lopez is increasing witlt great rapidity, front twelve to fourteen hundred new recruits joining his ranks daily. Oti the night of the Nth, over one hundred left Ilavanii for the purpose of joining the invaders. There is a report also that one entire regiment of Government troops had gone over to the patriots. The people, too, itre rising in many. quarters. The last report of the results of the two engagements of Lopez is. that one General, one “Commo- dore," one “General, of Marines,” with two hundred privates. were killed, and many wounded. CANADA. EMIGRATl0N.—Up to Saturday last, 21,615 emigrants had arrived atQucbec, being 5089 more than to the sonic period last CIIP. y Tint I"rsttI:tttus.—A gentlenian arrived from Gaspe, reports that the Arnericnn fishing schooriers are cruising about that neigh- bourhood in great numbers. \Vhcn they require shelter, they often put iitto Guspe Basin to the number of fifty or sixty sail. Uur in- formant boarded several of tbeni at that p ace on the afternoon of Sunday the 27th ult., and wins very civilly received. The fleet anchored at the time was composed of 51 veuels, all fine looking craft with lufty masts and rakish appearance. 'l'heir sails are ge- neriilly made of cotton, and their fishing lines are of the same tun teriiil. 'l‘he catch ofone of these vessels some tintes amounts to filly barrels in a day. Many ofthent are employed by s mercan- tile firnist Boston. Coming up to Quebec, be counted not less than sixty-tiine, all in it line ell‘ the Seven Islands, below Caps Des Moots, on the North Shore.—Qu¢b¢c, Jlsrcury. Csrtsnisrr l’,uii.tssu:rt1' I’aoito<iticn.—-Toronto, August 80.—'I‘he Governor-General pror ued Parliment to-day at noon. The principal sets used consist 3f the repeal of the manic e and l' ht duties. Intr action of decimal system of currency. Appro- Eztion of sixteen millions of dollars towards the Ilalifsx Railway. blisbment of Normal Schools In Lower Canada. Reduction of Judicial and other salaries. Incorporation of Fort Erie and Buffalo Suspension Bridge. Nothing dons relative to the reciprocity ques- tiou Tit: Caoss.—-On a recent visit to the country we were b‘ y grstiled at the appearance of tbscvops Wheat appears to be I ve an average with little or no" weevil.":in fact some fields that we have seen in the neighbourhood of Port Nesf would dellghttbs e of an English farmer-—barriitg the weedsc-of which there are ac abundant crops. Oats is very heavy. llsy is nearly a double crop, and every thing preiroisse abundant rstsrss except Potatoes, which we were sorry to see have begun to take the rot as is forsusr years. 4 A ~ ' NOV, 8®‘I‘lA. _ _ Nsvsr..--Her Majesty hip Clllrbsvllnd. 70. Clflllll 9*] witbtbefl ofViesA rslra BlrGeovge meer.Kuiglit. C._ II., will ss' fer I-tarsus. serly la the sites wsstr. Lsvsr se- eosrits from Cuba via '1‘ pb fl— New York, has. we are informed, indsesrftbs Adm tupuusisiisrr. nu Camber laud has best sails. and takes on board ltsr powder, ssahsssngsqlyfetssyssrvieethstusybs lrul. Itbss that tbs on-ef-war at present employed in Ills wil also be ordered off’ to Cuba. _W'lutevsr lutsrest Great Britain may have in preserving tbegssce in Cubs. one thing is quite car'- Ittlll-—VI8.. the yoke of Old in cannot. by any possible iiiesns. be much longer imposed on t e down-trodden inhstbitttrtts of that splendid island; at least such is the opinion of persons Informed on the sub" t.--.I\"oeu Statics. We rope there may be no necessity for the presence of the Naval Squadron in Cuba, although affairs in that ssrter are in a very threatening condition.-—\Ve up rehend trouble in Cuba for along time to come. Spain will not tve up b_er Ituld upon the“ Gem of the Antilles" without a strugg c. It is the last of those noble sessions which once tirade her the beast and envy of Europe. er political existence is identified with retaining this. and to do this she will rouse up all her strength and pride. That the spirit of the age is opposed to her there can be no doubt: and, insignificant and despicable as may he the handful that tiow make war upon her, the end, if we mistake not, will be it constitution for Cuba, or her loss. The cloud. which at rising. is " no big or than it uiau‘s hand," will yet cover the horizon, rind fearful wil be the tempest that restores linrmony and equilibrium to her political at ntospheru.—-vicadiari Recorder‘. Cues.-—\Ve learn that the Admiral oit this station will not leave for Cuba until further advices are recived from lingland. \’Ve are glad of this. for the presence of the Navy is absolutely essential to the successful issue of the proposed Regatta. By the English Mail on Tliursilary last, Tire Iloyal .\Iail Steamship America, arrived at Halifax, on \\'cduesday irtoriiitig last. in 10‘; days. LIVER POOL. A UOUIT 23. \Ve regret that our accounts ofthe general state of trade are this week not so cheering as we have for sortie tirrie past had to record. ——'l'hat the depression, which seems to have entered nito all branch- es of commercial enterprise is more than merely temporary we cati- not for a moment believe. And no doubt when the harvest shall have been fully secured. and the monetary operations ofthe leading capitalists are left unaffected by so many ciititingeticir-s as the clos- ing ofthe late session of Parlirtitient exhibited, we shall witness a return to tliatuctivity and general prosperity which the soundness of our commercial policy Ilnll undoubtedly secured to all classes. The unfortunate failures that have taken place in some of the principal mercantile houses have thrown an additional gloom upoti trading operations, and rendered it feeling wliiclt previously amounted to cautiousuess, almost akin to suspicion. In Juttchester. the old nttd re , ‘able houses of Richard Gould and Co.. whose liabilitir-s amount to £541,000; of Messrs. Fraser and I.i_:;hlifoot. whose lilti|i- tics are £50,000; and that of Castelli rind (iiustiniuni, formerly of Manchester. but recently chiefly engaged in the Greek trade, the liabilities of whose house snd variously estimated at between it quar- ter and hiilfa million sterling; and that of “curs. Ilarrison of Bal- timore, seriously affecting some houses here, have eucliaod all tend- ed to augment the depression to which we linve ndverted. The harvest is progressing favourably. and our com innrket is more depressed than ever, business being limited at a decline of 6d per barrel on flour, and 2s per 79 lbs. on wheat; l9s. lid. is not the top price for American flour, and about 200 barrels ofVVestcrn Cati- til, out of condition. were sold to d.ty at |0s N to Ils lid per bar- rel. 'I‘it.u1t: tvirit Astnatcs.—.\ parliamentary return has been is- sued, showing the trade of the United Kingdom with the United States of Aniericit in the last f'our years. In 1847 the declared va- lue of British and Irish produce and tnnnufacture exported to the United States of America was £I0.97-l.l6| '. in 1848. £9,564,009; in 18-19. ll,97l.028: and I850, .£lb,l9l,96l. ‘llieimports lroiii the United States have increased. In the three years, {last year's account not being made up), the oflicial value of the imports was respectively, .€20,3«I9,BB2; .£23,9l6,855. and .C26,55«l.94l- The St. James’ Theatre, London, will be opened on Moittlny next, by Mr. Barnum, ofNew York, for the purpose of introducing. the youthful drnma'ic artists. Miss Ellen rtml Miss Kitto_ Ilnteittati, who created an immense sensation throughout the United States during the last two years. HIGHLAND Rir.eisn:is'rs.—An Order ltas been issued for the five kilted Regiments viz:—the 42nd. 78th, 79th, 92nd and 93rd Highlanders. to wear in future, as it forage cap, the Glengary hon- net, instead of the one liitberto in use. 'l‘liis change does not nfii-ct those Iligliland corps wearirigtrousers, the ‘flat. 72nd, and 74th, who are to continue the old forage cap. Some of the French factors established in I.ondo.t have announ- ced their ititention of selling wheat and door by auction. Last week a large wrought-iron beam, 45 feet long and weighing nine tons, was conveyed through \Vigsit, from [high Foundry, on its way to the colliery at Mostyn. North Wales. The authorities of the stamp office have announced that para- graphs of arrissls at hotels are liable to the duty on advertisements. and willbe charged accordingly in every case. Urvrrun S1'.u'v.:s.——The It. M. Steamer Canada arrived from Boston yesterday morning, bringing accounts to Wednestlay. An intense sensation pervades the Republic, from New Orleans to Boston. on nccoiint of the execution ofu number of citizens of the United States by the Spanish Government at llavaan. \Vtt.ssttvG'roN. N. C. Aug 21—Yesterda_v we were informed by a passenger from Smithville. that a brig with signals of distress flying, was asltoro on the outer shoals. She is represented to have lost her mainmast, to be laden with it cargoe of molasses, estimated at three hundred bogsheods, and is said to be the Br. brig Anne lale. Capt. Irtvin. from M ‘ . bound to llalilitx. The crew have left the wreck. with three feet water in the hold. ‘~¥l£it§f.$;‘§é'7=;A§;R11D’” $"l¢?rf+l£ZEE}."Il‘.”I1_°1.‘r3_« TUESDAY, st«:P'fi:ivtBER 9, 1351. It will‘ be in the recollection of our Ieatlefl, that about a month since His Excellency was pleased. as it is stated in the Gazelle of the 2d August last. to dispense with the services of the members of the old Board of Fircwarilens, sml appoint others in their stead. Now the object of this article is to enquire into the valirlity of the rinbt thus assumed by the Executive. to dismiss from their offices a body of men appointed unrler and by virltte of an Act of the Provincial Parliament. Before en- tering. however, into any critical examination of the correctness or otherwise of the construction izivcn by the law advisers of the Crown, belonging to the present Administration. to the “ Act for better preventing Accidents by Fire within Charlotte- town,” we think it expedient to take it cursory view of the law as it stood prior to the passing of that Art-—l2 Vic. c. 8-in the vear I849. The first mention of “ Firewardene." on the statute book, is in the year ISM. The Act 54 G. 3. gives, by its first section. power to the Governor to appoint not more than four persons, annually, to set as Firews-dens. 'l‘his Act, together with the It G.-1,0 6,which was an amondment ofthe former, were both repealed by the 4 W. 4, c. I0, A. D. I834. which gives the liieut. Governor and Cniincil power to appoint eight persons. who are to be sworn to the faithful disclisrtte of their dtity, and lo remain in ofline during the covtfinunnre of the Jct. The Act was limited to three _vears.but continued down to the year 1844, when it was repealed by the 7 Vic. c. 6, wli‘r-h tzivce the Lieut. Governor and Council power to appoint rizlrrn. who are to re- main in oflire during the continuance of the Act. which Act. having, no cliiuse of limitation, is a perpetual Act: it was amended by ll Vic. c. 15, and both were repealed by I2 Vie. c. Fl, above referred to. which consolidates sad amends them both. and is likewise a perpetual Act. The 3d section of this Act is as follows 2-“ And be it enacted. That the several per- sons appointed and stain acting es Firewsrrls for the said Town. under and by virtue ofthe said recited and repealed Acts, shall he confirmed in ofire as a Board of Firewitrdens. and it shall and may be lawful for the Lieut. Governor. or other Adminis- trator of the Government for the time being. by and with the advice and consent of Her Msjesty’s Council. from time fe lime, in case of any vacancy happening in said Board, either by re- mnvsl. death, or otherwise, to appoint one or more Firesrsrden or I-‘irswsrilsns to fill any vacancy or vacancies so occurring." The purpose for which we bsve csuserl part of this clause to be printed in italics (not of course in the original) will appear Is we proceed. The first point to which we would direct the attention of our rssders is. that the power of a pointing the Flrewsrdsns is wholly and solely derived from t Acts themselves, and that, in the exercise of such power, the provisions of the Acts mast 59 Qbtlv complied with. Now the late Board of Firesrsrdens were oflllasllv sppoiiitetl under and by virtue of the 7 Vie. c. 0. and this Act states. that they shall continue in oflcs during the continuance or the Aet. and there as be no usstiori but that their sutherit would have bssmst sit esd iv err-the Aet ltselfeessstltesx .hsdltitot been that by thsssetisit above they were esetliiesl ls else; see tress, vrs sppnttssd, arises the question--" Were tbeyieostlnssd with the ssius vist- vlleges as to tlurstloit of roles. or were they sppstyma Q] mu. held their slces dating the sssslsessas sftbs held them for life. subject to the contingency of non-rrsidence -"—'bciug incapacitated by reason of accident depriving any one of them of the use of his limbs. ss blindness, lameness, or the like--or that, by improper conduct in the exercise of his duty, it became dangerous or improper to suffer him to remain in office. And that this must lisve been the intention of the Ingle- lsture is evident. for bad it intended to give the Executive the war of remodelling, (this is, we suppose. the proper plIrase,) it would have been just as easy to have adopted the words of the Act of 1844; but it, on the contrary, confirms them in office. Now, what is the meaning of the word "confirm!" They had been appointed at first by the Lieut. Governor and Uouncil, now they are appointed b virtue of this Act, and no power is given to dissolve the Boaril. and to create a new one; but, on the contrary, the power ofthe Crown is confined to the filling up of vacattciee as they may from time to time occur. Now the words “ vacant-y,” snil '~ from time to time,” neces. sarily imply the continuance of the l’oard ; for there can be no vacancy in that which does not exist. The word “ confirm” must, therefore, mean during the continuance oftbo Act which re-appoints them. in the same manner as they had been ap- pointcd lll’lflll'|4Il_V, anal which appointment is thereby confirmed, We have marked the words " one or more,” as being the itntr-i-eilents to ~‘ vacancy or vacancies,” thereby giving fu|| proof. if any were wtmti-d, that it was not the intention of the s‘3£lSlII|IN’ to confer on the Executive the piiwer of dissolving or itbronating the Board at its pleasure. It is evident that this power was not conternplatcil by tltc Art of I844--7 Vic. c. 0 ; for. by the fillet section of that Act. the death or removal from tho town is to be notified in writing to the Administrator of the Giiveriinteiit by it I-‘ircwarden, and the Adiniiiistratur is to ap- point anotficr within thirty days after such notice. \Ve were not a little puzzled to account for a provision so necessary not ltaviiig been tneerleil in the present Act, but the diflieultv vatiielted when we found that the llosr-l liail, b the 5th seclioit of the Ar-t, power to make bye-laws, rules, so orders for their own good uovermincs. and enforce the same by fines and mi. ties, indepentl-nily of appointing a Chairman, Clerk, and res- surer. This brings them as near to :i body corporate as can well be: they had only to have It common seal and perpetual succession to make them so. 'l'lie succession has been pro. viiled for, and the v:ic:mci--s as they arose from time to time would be lltlllfletl by the Chairman or the Clerk, under.‘ the direction of the Chairman, to the Executive. llencc also, the loose plirssr-ology " removal, deatltor others- w ise;" the too first words arcintlie Act of I844. butdifI'erent'~- ly expressed, for it states Sec. 21, " in case of the removal of’ any firewarileu by ili-atli, resignation or iitlieru'ise." and if by death or “ removal from the town," the notice is to be given. by any one firewarden. lly that Act no Board was constituted‘. and therefore no resignation coulcl be given to any bitt the- Executive. and ti notice from any individual fin-warden wss« unnecessary ; but in the Act which constitutes the sixteen- lircwardens a Board. no mention is made of resignation—deatlt and reinoval from the town is all that the Executive have im- III‘-‘tlllII(ll_V to do with—-tlie “ otherwise" rlepcnds on the rules, orders and bye-laws, and is immediately crianizable by the liunril. which tlirougli the medium ofils proper officer, notifies the Execiitivc, and it Ihcn exercises its privilege or appoint. meat. It has been said that the word " removal" means re- moval from office, but even if the Act‘ under wliich the late Boztnl were appointed hail not itself defined the meaning of the word to be ‘~ tcmuval from flliarlottetown ;" common sense \\'IMlltI have siiggestcd it. Every r-flit-er under government is liable to lM!_ removczl from office upon proper cause being shown before the proper authorities; nor can there bes doubt but that the Board of Fircwardens like every other set of rnen,the Pump and Well Assessors, for instance, entrusted with the ex- ecution of particular duties. may be compelled to the perform- ance of them in case of refusal orneglect; but they in common with all other llritisli subjects have it right in be hcarsd ; nor is it in the pow:-r ofthe Crown summarily to dispense with the st-rvir-cs ofthe llnaril of Oflicers crested by Act of Parliament. Wu challenge the Crown Officers to show that the Executive is possessed ofa prerogative the exercise of which would strike at the roots of all freedom, either ofsction, or opinion.and malto boards, corporatiohs and individual officers. but so many auto- mats in the hands of as ignorant or unpriitcipled government. The la\v is well laid down in Chitty : " It is a clear principle that the king csnnot, by his mere prerogstive, diminish or de- stroy immunities once conferred and rested in a subject by Roysl Grant." Chitty‘s Prerogative H9, and again, “ It is a principle of law that the kins is bound by his own and his sn- r-estors' grants, and cannot. therefore, by his more prerogative take away vested immunities and privileires, now if this be correct with respect in offices created by virtue of the preroga~ tive itself, how much more so is it when applied to offices. franchise and priveleges created by statute," id. 139. In a re- cent case oftt Commissioner of the Sinsll Debts Court, it has been held that he cannot be removed from office without hear- ina-—snd so it is in all similar cases. The Crown is the foun- tain of honor, but not the source ofdisbonour; it gives freely, it never deprives but with just cause, even where the ofhce is held during pleasure. We have, we think, fully shown that the Board of Firen-ardons are constituted by the Act of the As- '*‘y as s hosrrl, not holding during pleasure. btit as a per- manent board, the integrity and continuance of which is spe- cially provided for by the ssme statutes that called it into exis- tence: whence then this dispensing power? One would have thourht that no roan or body of men who had read that portion of the History of England, wherein it is recorded that one king lost his head and another his crown for attempting to dispense with the provisions of Acts of Parliament, would have rlsred even tosmake use of the word (so justly obnoxious has it become to the ears of freeman). much less to sbrogste, repeal and annul an Act solemnly passed, and duly and judicslly acted upon. Now let us see a fevi of the consequences oftbis high- liesded, unconstitutional and tyrttuicsl interference with the statute law of the land. A fire breslts out, the inhabitants rush to the iIpot—orie of the newly.sppointed firevrsrdens orders a bye-stander to assist—he rcfuses—-he orders a con- stable to take the party into cuetorly—tbe constable if he has no wish to incur the risk of an action for false imprisonment. will also refuse, and ‘no man of common rudence will lend the least aid to the inforcement of an illenalsnd us-irpetl author- rity-—bero then in l\ time ofdanpcr when all ought to be unani- mous: the hands of the friends of order are paralysed_by doubt and uncertainty, while those ofthe vicious and designing are to a correspondent degree strengthened. Again. five or _more fire- wsrdens are empowered to give ‘directions for pulling down any house or houses they may tliuilr necessary for preventing the farther spread of the fire—lot such a contingency happen, and who will spring forward to carry the orders of the I'l|’I- wardens inln t-\(*t‘tttit>n, in defiance of the threats of the owner; that they shall be held personally liable for the consequences: or we will ask what five of these same firewarrlenrthsmselves win be round gufficiently satisfied with the leglity of their appointment so to order it! Here then at a time when dectsjon and determination should be prominent, doubt and trresolutton prevail. We have hitherto made an allusion to the reasons which we may suppose had weight with the _ExecttlIV0. I3 has thought fit to assign none, probably because it had none to give—-at least none that would besr pobltshing—tt has con- tented itself with stating that the Liout. Governor has thought fit to dispense with the services of the persons appointed by the Act. and to eoniititiite it new Board in their stead ; his power legally and eonstitutinrislly to do either of these sets we deny. and have no hesitation in sfilrming that any _sct or sets that may be done or attempted by the new Board will be equsllv ille- trsl and unconstitutional. In mskinir use of the term “ Lieut. Governor.” we do so from necessity, and must not, for a moment. he understood as conveying any. the least censure on Sir Alexander Bannr.-rmsn. who in this as in all other cases where the Lieut. governor in Council is mentioned. has acted by the advice of that Council. the members of which alone are responsible both to the public at large and to their consti- tuerits for the consequences srtstrig therefrom. 0 " It is a rule in the construction of statutes," said Lord Mansbld, «am at which Sdhtes to the -"7 so»:-ct. mygihg-an-rm-as-"if ' t erred , iuus ti 3....."'°"‘ ""..’..i"'...'3.‘.".'..a °§..'..'a°..'I.'.ii,.-- n.‘.°..s. .. am... use. no. r . I.aud.. I80. J are l.x.esllesey sail broil Bssssrinsiy lysvs basin srI‘|~Ia'0:l.. tgrsstsritt vree.ssisiigs tlfeizstevri rts II|OIIIIId.'l.rOl'I they were Wltl th0v.I‘Ip00‘|'bI£IOtbeiI'l0Itio~I.t. asst is seellsssy t tsteu su elsylles were rsturuel.besset ' "cu, is e the particulars ssttttttts nsrslsmvrsussillgelsspsstpssstbslr fat-issr Act the Act, which. bsl RON!» in during the will and pleasure of the Crews!” By the rig a perpetual Aet, they may be sell to have publication to our son tssss.