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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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* ' irTiiomh ad Bis feet ' arid legs so benumbed and «* - « 4 ^* h the salt "water and cold as to be s * ft ? stand , having been fifteen hours in the i" * 116 £ soon as we got on board of the sloop , the ^* 5 \ Mrted old capt ain cried like a child . for joy , siB ll off half the clothes from the backs of the ^ ° ' m , sailors , and put them on to us poor naked ^ f ^ r nne Englishmen , was the work of a few an ^ Hot coffee * bread and butter , with fried ^ T rts immediately prepared for us , and the poor TZ' ^ en «^ ve up their beds to us , although they ^ jwTat sea during the whole of the storm of t p = Aiv TVednesdayTand part of Thursday . In I rf i ' t ' tras impossible for us to have been more VtkHv treated . I shall ever bear in mind , with a frttofnl heart , tlie kindness and attention bestowed in us by tncse fishermen » an < * * deeply regret that jt is not in my power to prove the sincerity of my agjerdoas . ' _ . ^^ S **^^^ _ i , ;— faa + ' + irin If * nr 9 ar t honnmfiaii nmi
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STJRRET SESSIONS . Sibeei IJobseby . —Charlotte " Wilson , a repulsWe looking woman , was indicted for stealing a hat , sha wl . " * tw 0 SOTCMSgns , ffGm the person of jjarnett Lea , under the following daring circumstances . —Prosecutor stated that abont eight o ' clock on the evening of the 1 st of January he was prepedin ? along the Borough towards London Bridge , and whea-nearly opposite St . George ' s Church , the prisoner aceosted him . Xot wanting anything to do wfii her , witness told her to go ahout her business , when she suddenly passed a handkerchief across his face , and he became -very unwell . Xot suspecting any narcotic was contained in the handkerchief , lie ran into a public-house close by , and called for a glass of brandy , bnt before . he could drink it he tecarae insensible , and knew nothing that took ¦ nlace afterwards , until he found himself under the care of I sw ^ eon . Before he entered the
publicise his bat , shawl , and money w . s&r-A TOlice- "on « tahle -of the M division stated , that he law the prisoner and a man walking along the Borons on the evening in question . Knowing her in be an old thief , he watched her , and saw her TCCO ^ t the pro secutor , and pass something across his face lie then saw them enter the Dun Horse Dublic-house , where he saw the woman drinking with the prosecutor . About ten minutes afterwards litnc * saw her suddenly run out of the house with a hat and scarf , hut she escaped from him in the intricac ies of the Mint . He then went back to the trablic-house , when he saw the prosecutor lying flown insensible . Feeling satisfied that some nar--cotic ha . l been administered to him , ho took him to a < nr » eon ' s , where restoratives were employed , and in * a short time he recovered sufficiently to be able to "O home . TYitaess then went in search of the uriloner and captured her about twelve o deck ,
but he had not been able to and the hat ano shawl . —Other corroborative testimony having been given , the iary found the prisoner "Guilty , " and recommended her to the severest sentence which the law empowered . The court accordingly sentenced her to ten rears * transportation .
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Eahi . Hasewood Istehdicting Mabeiages . —The Leeds Timts says— " Historians inform us that the feudal barons of ancient days , in England , claimed the risht to refuse permission to their serfs to contract marriages , and by a politic exercise of this power , contrived to abstract considerable sums from their dependants , who were glad to purchase "the lord ' s * consent , even by a heavy pecuniary sacrifice . We had , however , thought that serfdom and its abhorrent customs had been abolished , but -we were mistaken , for even now the Protectionist lord llarewood publicly announces the pains and penalties which he will inflict upon the residents , not of a village only , but of an entire district , who may dare to enter into the state of matrimony , ¦ wi thout having previonsly obtained his consent I
Lest we should be accused of joking in this matter , we present our readers with a verbatim et literatim copy of a ' notice * which has been served upon all the ' eoitajje tenants of the Earl of Earowood , in the village of llarewood , and other places on the estate : — 'In consequence of the continued practice of over-crowding , and taking lodgers into the cottages upon the llarewood estate ( more especially within the village of Harewood , ) contrary to the express agreements and regulations , notice is hereLy given , inat any cottager , being a tenant of the Earl of Harewood , who shall from the date hereof , take in any lodger , or whose son or daughter shall marry and bring home to the cottage , wife or husband , ¦ w ithout having previously oLtained permission from the Earl of Harewood , shall receive notice to quit ;
which notice will be strictly enforced ; and if in the employment of the said earl shall be discharged . Wil Matohax , agent . Harewood , Jan . loth , 1850 . ' There ' s a precious document for the middle of the nineteenth century' A nice specimen of what free and enlightened and Christian England would hecome , if these Protectionist landlords had full swing ! This is carrying out the principle of' protection' with a vengeance . The Duke of Newcastle innocently asked , ' May I not do as I like -with my own V when he drove his tenantry to poll like a flock of sheep . But he was a mere tyro in the school of ' protection' when compared with Lord Harewood . * Hear it , ye people of Harewood , and country round about , * proclaims his lordship , 'if any of "von Toung men and women dare to marry those you
Jove—if any of you old men and mothers dare to consent to such marriage—I , Lord Harewood , your 'Protectionist landlord , ' will instantly drive you irom house and home , and employment , to die in the wayside ditches , or become outcasts and wanderers on the face of the earth ! ' How does this manifesto of the pattern landlord of flarewood sound in the ears of the men and women of the West Hiding ? And how can these Harewood tenants be grateful enough to the fatherly care of this dear lord of theirs ? Some of our friends at a distance may not think this quite a satisfactory solution of the difficulty , and may , moreover , be inclined to ask themselves—* "What object on earth can Lord Harewood have for issuing such a notice—because iheplc-i of over-crowding cottages is absurd ? ' To save trouble , it is as well to out with the truth at once . Lord Harewood and his tenants know how
many labourers they choose to employ—they know , therefore , how-many there should be upon the estate so as not to have one over the requisite number—they don ' t like spending their money in the maintenance of the labourer , upon whose blood and sinews they have lived so long as he could work ; and they abhor the idea cf one child more in a labourer ' s family than is sufficient 'to keep up the stock . * In order , therefore , to prevent high rents from being reduced by heavy poor ' s rates , or the princely mansion troubled by the visits of the starring cottager , the foregoing notice is only part of an established system for driving the surplus rural population of Harewood and other places into Leeds , there to be paupers upon hardworking townspeople ; whilst the ' Protectionist * aristocracy and their tenants , who ha-re been fed and enriched by the labour of these outcasts and their progenitors , escape scot free . "
3 Icia > ER axb Suicide is Pahis . —The Droit gives the following detailed account of the murder and suicide ease at Havre : — " The Hue du Havre has been the scene of a frightful tragedy . The Sieur Jemmes , paymaster of the 5 Cth Jlegiment of the lice , in garrison at Paris , was upon intimate terms Triib a young woman , by name L . de Lausaunc . This connexion involved Jemmes in large expenses ; Ms mistress was exacting , and obtained snch an influence over him that in order to satisfy her demands upon Lim he had abstracted a considerable sum from the cash-box of the regiment . His
niis-Iress had promised to return the sum in the course of January last . Jemmes had recently received an order to quit Paris and follow his regiment , about to be stationed at Gaen . The time was approaching "when he wouid be called upon to deliver up his accounts , and it was necessary that his mistress should keep her word in order to enable him to fill up the deficit in the regimental funds . That he might recover the sum advanced by him he demanded a furlough and arrived in Paris towards the end of January . M . Jemmes alighted in the rue du Havre , at the hotel of that name , where his mistress resided , and engaged a separate apartment He was not long ere he discovered that she was not prepared to meet her promise , and that she did not
even dream of it . He explained to her the enifcarrassiuent into which he was thrown and ended by signifying to her that he must be reimbursed . M . Jemmes , in spite of his pressing solicitations , could obtain nothing . He shortly discovered that while this woman had been his mistress she had other lovers—namely , an actor of the Boulevard and an officer in his own regiment . Exasperated at such sHi extent of duplicity , and ashamed that he had compromised himself for such a woman , 1 L Jemmes became more urgent still for the repayment of his advances . The ratal term which he had granted ier quickly expired . At about ten o ' clock in the morning he knocked at the door of his mistress ' s * oom , and shut himself up with her . "What took place afterwards is unknown . It is certain ,
how-« wr , that a few minutes after M . Jemmes came cut , crying « Help ! a doctor ! a doctor ! ' and immediatel y returned to his own room , On reaching that of the lady she was found bathed in her blood . ? he had received several wounds with a poniard , and in a short time expired . The apartment of tne murderer was immediately broken into , audit "was found that he had also dealt himself several 7 ° ? 5 ?{ unt noHe were of a mortal nature , and he aaa stm strength , as the door was being opened , to throw open the window and precipitate himself vpon the pavement of the hotel yard . A quarter Of anhour elapsed and he had ceased to hreathe . " - The cold at Christiansand ( Norway ) has been K ^ et ^ yearthan h ! « e « r been rememi « red . Daring the months of December and Januarv SSS eratBre F ' iTithonfc interraptioD , at from fiffi ImuvffleVeuiocrat says there are two things SirS ^ S ? ^ " * change-one is his prin-^^ aaa fte oawMlussbjrHQlIar , ^
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Damxg Outrage is France . — The following daring and brutal outrage is related in -a French paper , of the 31 st ult .: — " On Friday night last a number of malefactors presented themselves at the window of the abode of a small farmer , an aged man , living in an isolated house with his daughter , aged twenty-two , and a servant aged seventeen . They at first stated that they had lost a white mare worth 700 f . or SOOf ., and were in search of her . On being replied to that the animal had not been seen , they said they were hungry and asked for bread . The servant , at her master ' s bidding , rose to give them some . 2 sot finding a knife , she asked the nocturnal visitors for one . " Cut her hand when
she stretches it out , " said one of the latter . At this speech , which was heard by the girl ,, and was immediately followed by the blow of a crowbar upon the window grating , she fell back with terror , but rising up immediately she broke the bread in order to make it pass through the bars , thinking thus to satisfy the ruffians ; but these having received the bread , asked to be let in , that they might warm themselves , and , on being refused , they broke open the door . The master was immediately thrown down and stunned with blows . The servant seeing him thus ill-treated , threw herself forward to protect him with a degree of courage beyond both her age and her sex , bnt was soon thrown down and pushed under a bed . The thieves
having thrown the farmer , in a half dying state , upon Ms bed , asked for the . keys , and broke the locks of the cupboards , which they were unable otherwise to open . They expected to find a considerable sum in cash , but the farmer had just made a large payment , and had kept only sixty-nvefrancs . After laying hands on all that they could carry away , they sought to gratify their brutal passions upon the two young girls . They searched the bed ^ and every corner of the house in vain , and one of them took up a pitchfork to probe under all the furniture , especially under the bed , where the young servant was lying ; she was , however , miraculously preserved from the deadly instrument by an old beehive and a sieve . Meanwhile , terror having caused her to give a sigh , the thieves imagined it to have proceeded from the fanner , and fell upon him to despatch him . At this frightful
spectacle the young girl was unable to contain herself , and quitted her hiding place screaming . Sl . e was enabled to get past the door without being stopped by the assassins , startled , as they were , at this unexpected apparition , and ran distracted in the direction of the village . The daughter of the farmer . had , in the first instance , succeeded in reaching the garret , and , after making a hole in the thatch , jumped into a field , and ran in the direction of a neighbounnz farm , crying for help , and exclaiming that her father was being murdered . The thieves , laden -with their spoil , disguised themselves as women , and started off towards the village of Bosloy en Pleudaniel , where several of them reside . On the young women reaching the Tillage of Lezardrieux , every one started in search of the assassins , and four of them were apprehended , and the stolen effects found . "
Expenses of the Cholera in Devonf-6 HT . —The sub-committee of the commissioners of De vonport , appointed to examine the bills of the medical gentlemen for professional assistance rendered during the ebolera . -brought up their report on the 8 th inst . ; and , after having reduced the bills to the greatest possible extent , the total amount is still more than £ 937 . The entire cost of the cholera JA the town will be more tl » & £ 2 . QM ,
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[ Our publishing arrangements prevented us from giving more than a mere notico of Lord J . RossBLj / a speech on the Colonial policy of the Government on Friday night last . As the subject is ah important one , and likely , to engage a considerable amount of time and attention this session , we subjoin an abstract of its leading topics . ] HOUSE OP COMMONS . —Colonial Pomct . — Lord J . Russell , in committee of the whole house having moved a resolution in which to base a bill for the bettor government -of the Australian Colonies , said it would be expected that a declaration should be made of the general policy- of the government with regard to our colonies , and he had therofore to state their views not only as to the
present and immediate aflhirs , but the permanent , colonial policy of this great empire . He would first give a historical outline of the growth of our colonial possessions . Our first settlements in the "West Indies , were formed at the close of the reign- of James I . Cromwell . added Jamaica ; - and " other West Indian islands , wero occupied under Cliai'lon II . At the commencement of the next century , Gibraltar fell intr our hands . After the war of 175 C , Canada and many islands were taken possession of . In the unfortunate war with the ' united provinces of America , our losses were greater than our gains . " But , in . the great revolutionary war which began in 1703 , we made further additions , by the naval and military forces of the Crown , which were confirmed t » us as cessionsby the peace of
, 1814-IS 15 . The following were the colonial acquisitions made by England in -the periods respectively between 1 G 00 and 1700 , between 1700 nnd 1793 , and between 1793 and 1822 -. —From 1 C 00 to 1700—Nova Scotia , New Brunswick , Prince Edward ' s Island , Newfoundland , Bermuda , Jamaica , Honduras , Bahamas , Barbadoes , Antigua , Montserrat , St . Christopher ' s , Nevis , Virgin Islands , Gambia , St . Helena ; from 1700 to 1793—Canada , St ; Vincent , Grenada , Tobago , Dominica , Gibraltar , Sierra Leone , forts and settlements on Gold Coast , New South Wales ; from 1793 to 181 S—St . Lucia , British Guina , Trinidad , Malta , Cape of Good Hope , Van Diemen's Land , Mauritius , Ceylon . Other additions had since been made , including New Zealand nnd several Australian colonies . The system pursued by
England i'is by all the rest of the world during the whole of this long period , was that of the strictest commercial monopoly , every interest being sacrificed to the presumed profit of the mother country . Political freedom was nevertheless carried with them by Englishmen whenever colonising . How early and how large was the degree of ; this liberty was shown by referring to various patents and legal . icts , dating baek as far as the days of James II . With regard only to the colonies acquired in the war that raged between 1793 and 1814 a different system prevailed . Instead of British institutions the system of the' old possessors—Spanish , Dutch , or French , as the case might be , was allowed to remain in force . Alluding then to the commercial relaxation introduced by Mr . Iluskisson , and since so lamely extended , the noble lord laid it down as a
rule , which could not now be departed from , that the colonies were to be allowed freedom of commerce and communications for all purposes with all parts of the world . In order to show the happy results of this system , he proceeded to quote from official returns ' the enormous increase in population , trade , and revenues of the various English dependencies and of the . United States . Reverting move especially to the Australian colonies , he adverted to the rapid growth of New South Wales , Port Phillip , and South Australia ; since their establishment comparatively a few years since , which he adduced as testing the influence of a liberal policy , and contrasted with the opposite results in the West Indies from the system of protection . Tho proposal that England should now forego her colonies . He characterised as an abandonment of
dignity , asacrifice of strength , and a dereliction of the duties of humanity towards the native races , whom we might be able to civilise . As securities for our commerce , and fortresses against enemies into whose hand they must inevitably fall if we ceased to defend them , their value was incalculable With respect to the present aspect of affairs in Canada , his lordship strongly upheld the principle of local government , but opposed the idea of separation . Some persons even have gone the length of proposing that instead of remaining subjects of her Majesty the Queen , the provinces of Canada should be annexed to the United States . To that proposal of course the crown can give nothing but the most decided negative . ( Loud cries of "Hear , hear / 1 ) But I do trust that although that proposal has been made—I trust from the characters of several of
those who belong to the annexation association , that it is not their intention to pursue this project of belonging to a neighbouring state , to the ultimate issue of endeavouring to obtain their object by force of arms , but that knowing the determined " will of the sovereign of this country , and her determination not to permit of that project being carried into effect , they will acquiesce in what they find to be the decided opinion of the crown . ( Hear , hear . ) I wonder , at the same time , how any one who has professed loyalty should entertain a project , which , if ever there should be any international difference between this country and the United States , niight , at any moment , place them in the position of rising in arms against British authority , and fighting against the British flag . ( Hear , hear . ) If . the present Ministers in Canada met with proper support ( as seemed probable ) they would remain in officei if not , the Governor-General would , cail in others in accordance with the Canadian constitution .
It had been resolved to introduce representative institutions into our Cape colony , where an Assembly and also a Legislative Council would be established New South Wales was to have . a single Council , one third of its members to be appointed by government , and two-thirds to be ejected ; but the colony was to have the power , hereafter , of demanding two chambers if it wished . Customs duties were to be settled by themselves . Port Phillip wan to be separated from . New Sou . h Wales , Jnd to form a distinct district ; and , in addition to the introduction of free institutions into Van Diemen ' s Land , South Australia was to have a representative body . Into New Zealand the Governor had already introduced a legislative system , and had reported in favour of a representative one , which would , after some further information , be granted to that colony . The exception to the representative rule would be in the cases where we had only military stations , or where the races were mingled in a way which rendered such
institutions impossible . Barbadoes and Jamaica had lor g enjoyed their own governments . Trinidad was to have a municipal council in aid of the Executive , aid so was Mauritius . Malta was to have elective members added to its council . Ills lordship then went , at some length , into the Briti > h Guiana question , and said that a species of olignrchy was paramount there ; but by an infusion of new electors it must be broken down , and this had been done to a certain extent , and the reform would have a still further effect . Upon this subject he twitted some members with an imputation of ignorance . lie next went into the question of transportation , a punishment he did not much approve , but as parliament did , it was the Colonial Secretary ' s duty to carry it out with as little injury to the colonies as possible- ; but lie warned the house that opposition to the system , on the part of : the colonists , would increase , and parliament would have to consider some new plan for disposing of our criminnls . In the meantime he announced that the
resistance of tbe Cape colonists to the landing oi convicts there had been successful , and that the ship had been ordered on to Tan Daman ' s Land . On the important question of emigration his lordship said , with regard to this subject , there are two modes in which this emigration can be carried on , and two modes in which it can be carried on beneficially . ' The first is where labuurers whose labour is valuable in certain stnte ^ and colonies go out in numbers to those states and colonies and fill up , as it were , the interstices in society—whrse labour is very soon in demand , and who , from being in this country persons on the brink of destitution , and scarcely obtaining any employment , though ready to give their toil for bread , obtain high wages and ample subsistence in other countries . ( Hear , hear . ) Of emigration of this kind there has Mates
been a very great mass directed to the United and the British North American col o nies . There js the second and another kind of emigration which is formed of different classes of the people for the purpose of founding new colonies fn places where society does not already exist . Of this kind , likewise , there has been a very considerable emigration going on from this country . As regards emigration of the first kind , I have here some accounts which have been furnished to me by Mr . Murdoch , who is now at the head of the Emigration Board , and it appears from them that the total emigration from these countriesfor the last three years was 796 , 354 persons ; giving an average of 265 , 450 per annum . . Now I beg the house to consider how very large this emigration is . It is within 40 , 000 or 50 , 000 of what has been computed as the whole annual increase of the population of thio country , and though it has been no doubt magnified in one or two of those years by the famine consider that
which took place in Ireland , yet I as regards this first sort of emigration—namely , that which consists of labourer ? , and principally going to the United States and British North America—it is an emigration which we may look to see likely to continue for many years . I believe that the means which the labouring classes having found for themselves , of transmitting money home to their relations and friends , to enable them to emigrate , when they had obtained a sufficient 8 um , frqm their wages , is likely to continue , and is likely to furnish the means of a great expenditure for ° the purposes pfemigratiori . ( Hear , hear . ) . 1 consider that , there will be speedily a timewhen there shall'be too -rery great demands for labour in the Uoited . State&kria British America . : Th ? difficulty Which existed hitherto was that of finding mfeans ' M transportation , and of enabling persons almost destitute here , and obtaining no demand for their labour , o gcUfQutiQB j ^ tta Gouatriest wbere tUey c « uW
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obtain that demand . ! I do not :: believe that : any government gehemecouW have been so extensive as to effect that puvpose ; nor' do I believe , if it had been so'extensive , it wouldhave effected the purpose m the ^ same way : as this voluntary emigration . ( Hear : ) In the first place ; if you laid out a hundred or two or three hundred thousand pounds for that objecti-it would no doubt have been a very large sum ; but I believe the sum which had been / expended for -he purpose , in the nay I havo mentioned , in one year , has been no less than £ 1 , 500 , 000 sterling ( He . ar > hear . ) Now ; I believe , if you had laid out * -I , auu , 000 , you would have found every species of abu ^ e—that you would have carried many persons from tins country with false characters ' and that they
would have been found such a cursa by tlie United btates and by our own provinces , that they wouM soon have put a stop to it , and have said :- " Don ' t send us the halt , ' the idle , anil tbe crippled- the mere dregs of your population . If such is the character ot your emigration , we must interfere and put a stop to it . " That I believe would have been tl e consequence of any great plan of emigration carried on by the . government . ( Hear , hear . ) I do riot mean to say that in some cases , and under some particular circumstances , assistance should not be given by the government- ( hear , hear ) -but what : bsay is this , that seeing the people have iound out for themselves that by tiansinitling ' small sums ot mon » y they are able to bring over their wives , relatives , and children
to countrus where their labour is of value , that it isbetter not : to interfere by , a government plan , which beside being a burden oii the country from the sum taken from the taxes , would be in other respects a positive evil . ( Hcaiyhear : ) There is " another ppecies of emigration ; and it is that '' which is sent out to our Australian colonies . ¦ It is mi emigration of the other description to which I have alluded , mid which goes very much to found new settlement ! ' , or io increase ihe new settlements already established there . It appears that in 1848 and . 1849 the emigration oi this kind sent : out 39 , 000 persons , or rather mfire than 18 , 000 a year . In New Zealand also there has been a project started for forming a new settlement , called the Canterbury Settlement ; There are already
more . than' 12 , 000 Europeans in New Zealand , nnd I feel no doubt that there will be , in a very few years , a large emigration to that colony , snd that New- Zealand will-be one of the most flourishing of our dependencies . ( Hear , hear . ) 1 'think , therefore ; as regards emigration generally spealcing , aiid with , as Isii'id , a reserve as to any particular measure and particular district ? , we may look with satisfaction to the present state of this question , and that we may consider one of the greatest wants of this country-th « t of finding a vent for her'increasing population—will be ful ' y satisfied ^ without at tlie same tinie doin . £ that of which I was apprehensive , aiid . sending out people to colonise where their labour was not in demand ; and where their condition would be still worse
than itwnsin the country from which they came . The noble lord , thus concluded his exposition ,: — The whole result of . 'what" I . have to say is , that in the first place , whatev * r disconteut— and , in some places , well-founded discontent , it must be ownedlias arisen from a transition , painful to the colonists , from a system of monopoly , as regards the colonies , to a system ' qf ^ fjree trade , we ought not' to attempt to go back , jn , any , respect , fipin tliat decision —( hear , hear , )—but ; that you should trade with your colonies on the principle that you were at liberty to obtain productions from other countries which may , be produced ' there better ov cheaper thanin the colonies , and that the colonies should be at liberty to trade with all parts of the world m the manner : which
might seem to them most advantageous . ( Hear , hear . ) That must in future , be . a cardinal point in our policy . . The ' next point is that in conformity with the policy on . which / you' have governed . your British North American colonies , you should , as far as possible , go on the' principle of introducing and maintaining political freedom in all your colonies : I think whenever you say political freedom cannot be introduced * you are bound to show the roasoviS for the exemption , and to show that the people nre a race nmong whom it is impossible to carry out the free institutions—that you must show it is not formed of the British people , or even that- there is no such admixture ' of . the British population as to make it safe to introduce representative
institutions . Unless you can show that , I think the general rule would be that you should send to the different parts of tbe world , and maintain in your different colonies men of the British race , and capable of governing . ' 'themselves ; men whom you tell they shall have full liberty of governing themselves , and tbat while you are : their representative with respect to all foreign concerns , in their domestic concers , you wish to interfere no further than may be clearly and decidedly necessary , to ' prevent ' a conflict in the state itself . I believe these are the sound principles on which we ought to proceed . 1 am sure , at least , they are the principles on which the present government intends to proceed , and-1 believe they are those which'in their general features
will obtain the assent and approbation of the house . With , respect . to the question of military force , I shall reserve the discussion of that to a future occasion , when it will be more immediately before the house . With respect to some of our colonies , my r . oble friend the Secretary of Stale has stated that he thinks the fwce . now existing niight be safely diminished . But , Lbelieve these colonies will look to you for their defence in any foreign war or against any foreign aggressor . ( Cheers . ) And I think you are bound to give it to them . ( Hear , hear . ) I think you are bound to maintain the means by . which you will be able to give them that assistance . ( Renewed applause . ) I believe not only that you may proceed on those principles without any danger for tlie
present , but there may be questions arising hereafter which you may solve without apy clanger of such nn unhappy conflict as that which took place with what are now the United States of America . ( Hear , hoar . ) On looking back at the origin of that unhappy contest I cannot but think that it was not a single error or a single blunder , which got us into that contest , but a series of repeated errors and repeated blunders—of a policy asserted and then retreated fr' -m—again asserted , and then concessions niaile when they were too . Jate —( hear , hear)—and of obstinacy when it was unreasonable . I believe that it was by such a course we entered into the unhappy contest with what were at the beginning of it , the loyal provinces of North America . I trust we shall
never n « ain have ( o deplore such a contest . ( Hear , hear . ) 1 do anticipate with others that some of the colonies may so . grow in population and wealth that they may say—¦ '' Our strength is sufficient to enable us to be independent of England . —The link is now become onerous , to us—the time is come when we think we can , in smity . and alliance with England , maintain our independence . " I do not think that that time is yet approaching . ( Hear , hear . ) But let us make them , as far as possible , fit to govern themselves—let us give them , as far as we can , the rapacity of ruling their own afFairs—let them increase in " wealth and population ; and whatever may happen , we of this great empire will have the consolation ot saying that we have contributed to .. the happiness of the world .
A conversation followed in which the leading colonial rt formers with . the house took part . Its general tone was that of Approval of the principles enunciated by the Premier , but dissatisfaction with the names and illusory manner . in which they were practically applied .
MONDAY , February 11 . HOUSE OF--LORDS . —The Gkekk Blockade —Lord Stanley' twain drew the attention of the house to the state of our relations with Greece . Since he had moved for the papers connected with the subject , ' he had seen that tho official correspondence which had passed between the Ministers of the great Powers at Athens ¦ had been published in Paris . He now begi ; ed 4 o ask Lord Lansdowne whether the mediation of France had been tendered to England , and hnd been accepted by the English government ; and whether that mediation , if it had been accepted , extended merely to the indemnity claimed for certain British subjects or extei . ded further—to the still more important question as to the right of Greece or of the Ionian Republio to the possession of the islands adjoining them .
The Marquis of Lansdowne ' replied that the good offices of France had been accepted by the British government , thou » h tbe offer had been at first declined by-Mr . V / yse , who did not know whether his acceptance would be sanctioned at homo . With regard t' ) the latter part of Lord Stanley ' s question , he would reply that the nature of our pecuniary claims , and the amount of our pecuniary indemnity , was the only question on which the " good offices" of France ha < l been accepted . The dispute as to the Islands of Sapienza and Elaphonesuu had been excluded , aa resting entirely on other grounds .
_ ihe Earl of Abekdeen was glad that the mediation of Frnnee had been reeepted by the government , but could not help expressing his regret that such a mode of settling our disputes with Greece had not been tried before resorting , to violence . He could not help remarking that the good , offices of France were accepted as to claims asserted to be indisputable , while the possession of the islands , confessedly a disputed matter , had been resemd . He Bliould be ' glad to hear that a forcible pccupa < tion of those Ulands was not contemplated , for he fearf d that the Marquis of Lansdowne was not perfectly acquainted with all that passed in the Foreign office . - . .
Ecclesiastical Commission Bill . — . The Marquis of Lansdowne moved tlie second reading of this bill . Its principal provision is for the separa . tion-of the-financial from the ecclesiastical duties , of the commission ; th ' eVfo ' rm ' er being , transferred . to two paid and responsible commissioners , one to be uppointed by tlie Archbishop 6 f , Canterbury and the other by the Crown , and to be paid £ 1 , 200 and £ 1 , 000 a year respectively ^ " \ . '' .. '• ' . . . ; ¦ ¦ ^ The Archbishop of Canierbury , while expressing his concurrence as to the desirablqnesa of niakiBg an alteration in the existing commission , could not refrain from vindicating it from the imputations which hid been cast upon it . With respect to the unhappy ( jiiQumstaose by wlticU MM w £ W tad toea
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abstracted from the funds of the Church , h ' e could uot help saying'that the late secretary of the commission Had , up to within the last ' six month ' s of his official . life , ' performed the part ' of a iaithful and useful seiyant . It would appear that some iinhappy speculation v involving him in embarrassments , 'had . induced him , in an evil hour , to appropriate the funds confided to him , in the expectation that he should be able to replace them . . Lord Harrowby , the Bishop of London , and Lord Staxlky pressed for an augmentation in the number of Bishops ; and , after some . discussion as to the proposed consolidation of the episcopal and common fund , ' which the Marquis of Lansdowne declared that . the government wero determined to effect ,-the bill was read a second time , and ordered to be . com mitted that day fortnight .
HOUSE OF COMMONS .-Mr . Horsman . 's cnAbGB against thk Govkrnmknt . —Previous to the motion bdin ' g put , of which Mr . Horsman hud given notice , for a committee to examine tliechaiyfS he had brought against Lurd J . itus ^ ell and- Sir G . Grey , < Lord'Ashley suggested that a committee . of that house . was ' iiio ' t a proper tribunal to investigate a case which turned entirely upon a few casual words ., lie believed that the charge had arisen altogether in a ; misconception ,. and proposed that the huuse should be contented ' with expressing , its general sense of regret for the . misunderstanding , and its full belief in the honourable intention of all the parties concerned . ' -..- ••
Mr . IIonsMAS explained , that in writing the letter in which this charge was first laid , he had no intention ot imputing fraud to the ministers , but only of having strained somewhat unfairly the ; form of the house , iurainst a , too-persevering antagonist . His motives throughout had been altogether public . He now gladly consented to withdraw his motion . I . ord . T . Russell had felt keenly the . imputation of : i design to deceive . As that was withdrawn he vvas willing to dispense witlrthe committee . Claiming for ministers u favourable interpretation of their conduct in the .-performance of their responsible duties , the noble lord accorded to Mr . Ilorcniau full credit for the purity of the motive by which he had been actuated . . . . .. ,,. Sir G . Grey expressed his satisfaction with the turn affairs had taken , and . the subject then dropped . ' . -. . , ' . .
The Ouylon IIavs-au , a . vd Ministerial whitewashing . — Lord J . Russell rend a letter from Capt . Watson , declaring that the Ceylon proclamation , alluded to so frequently in the debate on Wednesday last , was altogether-spurious . - ¦ ¦ ¦ Mi \ * Bailjje said that ho possessed . a copy of that proclamation , purporting to bear the autograph signature of Capt . Watson himself . Tho motion'being put for theappointment of the Ceylon committee , Mr . IIumf . warned tho house against expecting
that the truth could be satisfactorily ascertained by means of that committee . Too successful efforts weremadein ithe colony to stop the : evidence , to leave nny hope of a iiiir trial being thus effected . ¦ Mr .., J . Stuart , believed that the efforts of the committee to . elicit the truth had been baffled last year'b y the government , and would probably be so again . ' - Lord J . Uussell repeated the explanation given on Wednesday touching the refusal ' o ' f witnesses . All the evidence required by the committee was granted . : The attendance of those parties only was refused . which tbe chairman had taken upon him to demand after the close of the session .- ¦ :
Mr .. Adderley reiterated the charge against Earl Grey of having burked tho . investigation . Expense should not have been grudged in bringing over witnesses who , ill so aggravated a case , were worth their weight in gold ., Mr . Disraeli , while on the committee last year , had endeavoured to pursue the truth , and would this year continue the . pursuit ,- but with" no very sunguin . e hopea of overtaking it . Be complained of the influence used " elsewhere" to baffle the inqiiirj . , . . Mr . Roebuck thought that any member of the committee who believed that the inquiry would be swamped ought not to complain orly , but to resign .
Tho charge against tho government of stopping evidence was one of gross dishonesty , and required to he fully substantiated . Ceylon was a great dependency / held-under very delicate circumstances , and he protested against its government being thwarted and carped at for the sake of a barren popularity . The hon . member vindicated the talent and humanity of Lord Torrington , and argued that the "Jaw " in Ceylon should not he interpreted according to the rules . of the English equity courts . Lawyers , he added , made very bud statesmen , nnd in Thdia nnd other colonies were generally at loggerheads with the government . - ¦ ..- ¦¦ .
Mr . Hume , with much warmth , denounced the denial of law to Ceylon , by . tho hon . member for Sheffield , and retorted the charge . of popularityhunting . ' Ho mourned over the same hon . member ' s desertion from his ancient principles , and total disappearance of that- watchful jealousy he had been wont to bear for tho liberties ef oppressed subjects . Mr . Roebuck was sure of the kind intentions of Mr . Hume , but not so sure of his clear-sightedness , lie still believed that it w . 'is improper to bring vague accusations , but would bn the . first to support ; i motion for the impeachment of ministers if the charges alleged in the Ceylon affair could but be substantiated . ' The committee was ngreed to . Pirates ( Head Money ) Repeal Eili ,. —On tho second rending of this bill ,
Sir G . Clerk resisted tho deprivation of reward and encouragement . to the men and officers who exposed themselves in the dangerous service of destroying piracy ; Sii' . Tl Bakixo thought tho receipt of blood-money derogatory to the honour of the British service . He did not propose to withdraw the rewards of any service of danger , but _ instead of setting a price on every pirate ' s head , it was proposed to leave with the Admiralty the discretion of granting a fitting remuneration in every case . This was also a fairer mode of distribution , as the danger could not always . be treasured by the numbers of the pirate enemy .. The sums lately paid for head-money would require a grant from the house of about
£ 100 , 000 . . Mr . Hume thought the principle of giving extra rewards to members of paid services wholly erroneous . It looked like a bribe , and involved the suspicion that without such influence our soldiers and sailors would not dp their duty ; much of the largo amount mentioned by Sir F . Baring had been fraudulentl y granted . In the recent attack on the Bornean pirates , the numbers destroyed were ver-y loosely calculated , nnd no proof shown that the ships attacked wero really engaged in piracy .
Mr . Cobden protested at once against g iving £ 100 , 000 for the destruction df the alleged pirates . Information from Lloyd ' s showed that no dread of piracy had . ever existed in the Bornean seas . ; the massacre at Sarabas appeared to be a mere battue , in which Rajah Brooke had used the British marine to revenge his private piques . lie should niove for a committee to have the subject fully investigated . The bill was then read a second time . Tub Mercantile Marine . — Mr . LABotrcnisnE
brought in three bills for -improving the condition of masters , mates , and seamen in the merchant service , the regulation of . the merchant seamen ' s fund , . and . the admeasurement , of the tonnage of merchant vessels . Their principal features were : — Firt , — , The . appointment of a board of examiners , under tho Board of Trade , who were to grant certificates to candidates for the command of merchant vessels upon proof'of their possessing the proper qualifications ; . No captain who had not , previously served' to receive an appointment unless he had obtained such ' , a certificate . Secondly , —to arm captains and mates with greater powers to enforce discipline among their crews . Thirdly , —to supersede the existing shipping agents and crimps by the establishment of offices in the ports under the supervision of government , whore , for ' the moderate
fees , the contracts may bo prepared , for the seaman when he ships for the voyage , and his pay handed to him on his return . Fourthly , —to improve the present system of registration of seambii , and to prevent the frauds practised on sailors .. upon their advance-notes by nwkinsr those documents legally recoverable : and fifthly , —to provide that marine courts , " under the presidency of some naval officer , may bo constituted in distinct ports , and . armed with very summary powers for the settlement of all grave questions between , merchant seamen and their commanders . Mr . Labouchero concluded by deprecating the objection that this bill would endow the government with any excessive powers ' over private interests . After some conversation the bills wore ordered to bobrought . in .: .
Merchant Seamen s Fund . — Mr . Laboucheke then addressed himself to . tho question of the Merchant Seamen ' s Fund , and the measures necessary to place it in a more- satisfactory condition . He gave a sketch of the history of the fund , and of its present state , ' the disparity of tho . pensions , owing to the capricious manner in which it works , the insolvency of the fund as a whole , and , the discphte . nt gonerated by its present system of management . After mature consideration , he had con . e to the conclusion ; that . the best course wa ' sjto plapothc
fund under one uniform central management , which Jie proposed to ; vest in ; the ; Triijity '; House , in . conjunction with the two mercantile .. members of the , now department of' the . Board , of Trade . He , proposed-that no seaman should ' re ' ceive . a . less pension than 6 d . a day : that the payment to the fund , , inr stead of Is ; , should be . ls . 6 d . a month , and that the , sum , necessary , to restore the fund , to , solvency-- , namely , £ 30 , Q 00 a , year—should , be . contributed by ; ftieState , ' ' < 'ii iv On 0 rf'V « Mr . Hdmr Objected to consigning to the Jrmity House the management o f a fund which should be administered by national responsible officers . Th « djagyjjsivn i which related principally to tho
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details , and-. machinery of the , measure , was prctracted to some length , ' Sir 6 . CiiBK , Mr . t \ r . Pagan , ' Sir W , Clay , Mr . Card ' WEtij . and Mrl ' HKAi ^ iam being the ' speakers . . ¦ .--...-......, " The Chairman was authorised to ask for leave to bring in this bill . . " . " .., "" Mr . Laboucheke then brought forward his last bill , for regulating the admeasurement of tonnage , which he considered , would he a great improvement of the existing system , and would tend to the advancement of tho shipping interest . He stated that the new law of measurement which he proposed to substitute would ascertain accurately the real power of a vessel to carr y cargo . .... ' , ;; . This resolution was likewise agreed to , and , with' the other resolutions , was reported , to tho louse . . .,-.:.: -
Electoral Qualification ( Ireland . )—Sir W . Somervjlle then moved for le ; ivc to bring in a bill to amend the laws which regulate the quahficationfind . ' registration ' of Parliamentary voters of Iref land , which ho . 'had introduced last year , when its principle was riot objected to . The few alterations he had made sinco that time wcre ' not material . Tho £ 8 rating in towns was retained , but ho proposed to jivo the county franchise to persons entitled to estates in fee or entail , ' of tho Value of £ 5 , to tenants for life . Mr . Stafford regretted that , instead of such o , measure as thi 3 , of a political character , some means of alleviating the distress in the famine-stricken districts of the west of Irelandhad . not been devised by the government . . ,, , ' l ' . ¦' ¦ Sevei'al Irish members spoke upon the question , but . nono objected to tho introduction of the bill , for which leave was given , as well as te " bring in iv bill to shorten the duration of elections in Ireland .
: Piuson DiscipLisii . —Sir G . Geet moved for a select committee to inquire into' the rules and dis « ip line established with regard to the treatment of prisoners in gaols in England and Wales . Mr . Peahson complained that this subject had been taken out of . his hands , ' and intimated that unless the reference to the committee were so moulded as to embrace the objects he had in view , and the committee were fairly named , he Should bring forward a specific motion in this matter hereafter . ' . . . ' ' . ' . ' ' ' . : ' ' Mr . MossETi suggested the addition of the word " Ireland" to the motion . '' Sir G . Grey objected to giving directions tft the committee specifically to take up the plan of Mr . Pearson . i Lord Naas moved the addition of the words " and Ireland . "
Sir G . Gbkt did not wish to overload the committee with too much labour , but if the house was of opinion that it was . npt top much to intrust to one committee , he should defer to that opinion . _ Upon a division , the amendment was negatived by 23 against 18 ; and the house adjourned at halfpast one o ' clock .-TUESDAY ^ FEnnuARY 12 . HOUSE OF LORDS . —Tub Tbansfdrtatiojj Question . —Lord , Stanley presented two . petitions
from the Capo praying that convicts might not be transported to that colony . As the Order in Counr cil complained of had been rescinded , he would not enter into a discussion which niight lead to the expression of angry feeling . lie should , however , be glad to receive an assurance that the by'der in question-would not be re-issued . .. .: . ' .. " . ,.. - ' ; Earl Gret had no hesitation in giving the assurance required . . lie ' .. would only observe that it had nover been intended systematically to transport convicts-to the Cape .
Lord Brougham thought the conduct of the colonists-: iao 3 t . ; crucl and . unjustifiable in-not allowing the unfortunato convicts to land , after they had experienced the sufferings of a three months ' -voyage . Lord Stanley intimated his opinion that the colonists had gone much too far in their opposition 1 » this order . - lie certainly would not vindicate ifcheir conduct , . ..- ..,.., * . The Earl of Ellekborouoh- wished to draw attention to one circumstance connected with the lot of tho persons whose transportation had produced
such extreme excitement at the Cape . The . captain of a ship engaged by contract to carry convicts to their destination was bound to have on board , » quantity of provisions and water far exceeding the probable consumption of those on board . In this case it appeared that whilst the ship lay at the Cape the water was expended , and only : 400 lbs . of beef remained , there being hardly any other provision on board . Had there been a gale off the Cape , tlie probability was that every one of these persons would have died of famine . -.
Earl Gkky ( lid not know that there was any reason to find fault with the manner in which the contract had been performed in this case . Very probably the small quantity of provisions on board waB to be accounted for by the extraordinary long passage of the vessel . The' matter then dropped . HOUSE OF COMMONS . —The Factory Acts . — Lord Ashley asked the Secretary of . State for the Home Department whether his intention had been directed . to a decision which- had lately been given in the Court of Exchequer , relating to the construe * tion of certain clauses in tho Factory Acts ; and , it so , whether it was the intention of the government to introduce any law declaratory of the principles oi that act , or to take any other measures with . a view to obviate the very evil consequences , which he ( Lord Ashley ) apprehended must result from ihe decision to which he alluded .
Sir G . Grey replied , that he had only received the short-hand-writer ' s notes of the judgment in the case referred to that afternoon , just beforo he came down to the house . He had therefore , as yet , had no opportunity of becoming fully informed as to thB terms of that judgment , although he was , of course , perfectly aware of the general nature of the decision . Tho noble lord was aware that he ( Sir G Grey ) had been prepared . last session to submit a bill to the house which he thought would have effected a reasonable adjustment . of the differences which existed as to the ' construction of the various Factory Acts . Ee found that from neither of the parties interested would that bill receive much support , as they each took an extreme view of what they considered to be their rights . There seemed to be a desire that the decision of one of the
supreme courts of law should be obtained on the subject , and it was intimated tbat that would settle the question ! Such a decision had been obtained , but he ( Sir G . Grey ) did not know on what grounds it rested , and he could not at present announce an intention on the part of the government to propose a bill with reference to the subject . Tns Colonies . —Sir W . Molbsworth , who had a notice upon tho paper , of an intention to move resolutions oh the sul'ject of coloni ; vl government , said that , as Lord John Russell had taken this subject into his own hands , he should abstain from moving those resolutions . At the same time he observed that , although nothing could be more liberal than the principles laid down by the noble lord , lie
was sorry that he did not propose to apply them to an extent which would give complete content to the colonies . Ho was sorry that the noble lord . only intended to revive the bill of last year with regard to Australia ; but still he would not offer any objection to the second reading of the bill , as it recognised the principle of representative institutions in Australia , and he thought any'form , of representative institutions was better than none . it ail . lie would , however , try to obtain two elective chambers and an elective government for them . The power which the Colonial-office at present
possessed was a great grievance to the colonists , ana lie objected to ' such a measure as would keep up for tho C olonial-offico an arbitrary power of interfering in the internal management of colonial affairs . He should propose to denude the Colonial-office of the power , and he would try to draw a distinction between an inferior and a local parliament . IIo should likewise object to tho details of-the . measure , because it ( lid not include New . Zealand , which was as ready for a constitution as any of the Australian colonies . He would withdraw his motion , substituting for it one for . certain papers . The papers wore ordered .
Packing . Iei 3 h Juries . —Mr . Sadleir then moved for a select committee to inquire into the facts connected with the striking of the special . jury in the case of " Callanan v . Cameron "—a civil action in the county of Tipperary—Roman Catholics having been excluded from tho jury list . The case arose out of the forcible occupation of two houses , in Carlick-on-Suir , during Mr . SmithO'Brien ' n " rising , " by Major Cameron , , Callanan , the owner instituted an . action for damages , the Crown-Solicitor defended Cameron , and tho case being sent to a special jury , lie struck out nine of the most respectable gentleman of the county , solely , it was believed , because they were Roman Catholics . Mr . Sadleii-said that lie meditated no attack upon the government . } h& attacked a system which was at once insulting to
the Roman Catholic population and an injury to every Protestant in Ireland . . ' : Mr . HATcnKLt ( the Solicitor-General for Ireland } gave Mr . Sadleir credit for having brought foiwwd this motion , as he had declared , with the view , of conciliating the people of Ireland and reconciling those dissensions which all lamented ; but from the tenor of his speech , coupled with his , motion , ie thought tho course ho had taken was not calculated to effect his professed object . The house was still ignorant that this important case , which was an action of trespass between subject and subject , had not yet been tried ; it might come on at ; the , assizes
at Cionmel ; , and it was moat objectionable that the trial should take place while such a discussion and inquiry should be going on , in this house . He assured fjhe house , upon the testimony of Mr . Kemmiss , that Jhere hadjbeen no intention tb ' . caat any star upon the , reapectahlogontlemen , struck < sfi , who were , excluded ,.-, according : ' to legal practice , lor reasons , irrespective of their religious opinions . ; , IF Mr . " Baaleir declii . etl to' -witfcaW thogfs 0 g , jpp aaould meet it with a direct negative . ' > ! i Mr . Scully spoke in . BupportoftheiaOHOe , «* Napier against it , and Mr . W . &QAB appeajWif take a bwUi « cwree ,
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THE TEX HOURS BILL . —REVIVAL OP TBE AGITATION . Manchester , Tuesbat . —The result of the argument in the Court of Exchequer has thrown the operatives of ftis district into the greatest state of excitement . Meetings are being nightly held in the various public-houses in which they are accustomed to assemble , at which the mo . st firm and determined resolutions to maintain the principle of ten hours work , and that it he continuous , arc passed . Manthester , Bolton , Blackburn , Preston , Ashton , Oldham , Bury , —in fact , every town in Lancashire is on the move . On Sunday Jast a rery numerous meeting of overlookers and managers -was held at the AVhlte Horse Tavern . Bolton , at which tho
following , amongst other resolutions , were unanimously adopted : — " That in the opinion of this meeting it is of the utmost advantage to both masters and men that an uniform working of ten hours per day be enforced by act of Parliament , and that we pledge ourselves never to rest satisfied until it be made universal . " On Monday , ni g ht the Lancashire Central Committee held its third meeting since the decision , at which it was agreed to call a delegate meeting from every town in the kingdom . On the same night the committee of the Manchester overlookers held a
meeting , and have issued a circular calling a general meeting of the whole body , and from which the following is . in extract : — " Gentlemen , —We are now in the midst of a most solemn and important crisis . "We have no longer a Ten Hours Act . ' The Judges of the Court of Exchequer have decided that the horrible relay and shift system is legal , and although we have all heen grievously disappointed , yet it would be perfectly useless to murmur or complain at this unfortunate decision . Prepare yourselves , then , for another conflict ! ' Sound an alarm ! ' through every mill in Manchester and Salford "
The carders , the power-loom overlookers and manager ^ and several other bodies , nre holding similar meetings , and the forthcoming delegate meeting will be the most numerous and important ever held .
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THE FACTORY ACT .-LEGALITY OF THE SHIFT SYSTEM . • COURT OF EXCHEQUER . : BlBER V . MlLL 3 . / ' Mr Baron Parke delivered judgment hi this ca 8 e , which had been drawn up by agreement ; under the provisions of a recent statute , for the purpose of obtaining a judicial exposition of the Factory Act , ' . y -. c . 15 , s . 20 . The plaintiff , as was mentioned m the report of the argument during tho term , was the inspector of the district in which the mill of the defendant is situate , and the question sought to be determined was , whether the ten hours to which the labour of women and young persons under eighteen is restricted bv the 7 and 8 Vic , c . TUT ? f A n * I */ vri"tr- " » nm : - *¦ - «¦•» .- ^ - ~ ' ¦¦¦¦¦
15 , aretobe reckoned continuously for all individuals of these classes from the hour at which the first of them should commence work in a factory , by which means they must all leave off work at precisely the same moment ; or whether it is legal for the mill-owner to adopt the shift system , by means of which , by shifting , the hours of labour , and varying them throughout the period of the day allotted to labour , he may secure the attendance of some of those classes - throughout twelve hours , though no individual works more than ten ; the consequence of this arrangement being that the women and youug persons would not ail leave off work at the same hour . Timo was taken to consider this question , which has excited great attention in the north , and now it was announced that in the opinion of the court the millowners are at liberty construed
to adoDt this system . The act . was to be according to the plain moaning of the words used by the Legislature , and that meaning was to be carried ont without reference to the policy dictating it . The question before the court was , whether the owners of mills and factories were liable to penalties , and the act being penal , ought to be construed strictly , for a man ought not to be punished exceptunder clear enactments . The court could not act onconjeeture , however strong , but must be satisfied before they enforced this conviction , that the Legislature had expressly-prohibited the system pursued by the defendant . On this rule of construction , we do not thintthat the language of this act is sufficiently explicit to warrant our affirming this conviction . It was agreed on all hands that the hour at which the calculation of the ten hours must lu > made iras fixed as that at Which the first WOm . 111
or young person began work . Xo other construction on that point could be tenable ; but the defendant argued that the act had not fixed a limit at the other end , and that if such , had been the intention of parliament nothing would have been easier than to have said so , as had been done , when the act dilected by another section that all the . workers should take their meals at one time . There is in fact , no express enactment that the work shall cease at any fixed hour , and in the absence of such , all we can do is to ascertain from the rest of the statute , whether we can collect that such was necessarily the intention of the Legislature as was asserted on the part of the' prosecutors . Undoubtedly such an enactment would tend to advance the
avowed object of the framers of the statute , —but that can only be attained at the expense of the millowners , and by imposing restrictions on the control over their capital as wefl as on that of the workers themselves . This again renders it more necessary that we should be able clearly to collect such an intention from the general tenor of the act , for though we may think the restriction right , we cannot enforce it on that ground simply . Then , again , the form of the schedule on which the prosecutors rely , though capable of the construction contended for by-the inspectors is not inconsistent with that put on it by the millowners , for under it some of the
workers may clearly terminate their labour at one hour and others at another ; and the twenty-eighth section speaks of notice of the times of beginning and ending work , as if several were contemplated . Tho result of the whole is , then , that wo cannot clearly collect from the statute that any such restriction of the hours of leaving off . work was intended , and it therefore remains open to the owners and their -workers to enter into such arrangements on that subject , and on that of the intervals of leisure during the day , as may be found . convenient as between themselves . The conviction - must accordingly bo quashed . —Conviction quashed .
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Northern Star (1837-1852), Feb. 16, 1850, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/vm2-ncseproduct1561/page/7/
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