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MO > T > AY , Feb . 19 . H ARE OF LORDS . —Case of Mr . W . S . 0 ' Dries . —The Clerk of the Crown in Ireland apwired at the bar and returned the writ of error in the ease of "W . Smith O'Brien . CoKRrrr Practices at Elections . —The Lord Ciusceu-oR moved the second readhig of the Corrupt Practices at Elections Bill . The object of jlic present bill -was to give additional facilities for inquiry in cases of bribery . It was provided that if the llouse thought fit they mi < rht appoint
commissioners to investigate the matter on the spot where the election took place . Lord . Desman said that , on making a digest of it , he found that every one of its provisions was actually an argument against the bill itself . He should not oppose the second reading , but would move that the bill be referred to a committee upstairs . Lord Brougham was anxious to let the bill proceed , in order to try whether , at a future stage , the objections might not be remedied ,
Lord Staxixx thought their lordships would find some extraordinary provisions in this new measure . If the bill were not allowed to pass a second reading , it ought to be referred to the investigation of a select committee . The Lord Chancellor vindicated the bill , wldch uras read a second time . SLUUU-IGE AND ItECISXEKIXG BlRTIIS ( SCOTLAJfD ) Bills . —Lord Campbell , in moving the second wading of these bills , observed that he need not remind their lordships of the necessity of the marriage bilL They —ere all aware of the convenience that "would , arise from the existence of conclusive evidence of contracts -which , had been made , as then no doubt would be left as to the Hatua of women in Scotland . The law of marrinjje in Scotland did not at present admit of that " condition , —uere a case of cohabitation would appear as a
marriage , isuch a system produced women of a very degraded class , and gave rise to a very great deal of inconvenience . At present any man who lad spent a short time in » Scotland could not tell whether he was married or not . A great facility —a 3 also created in evading marriages . Marriage contracts were performed all alone the borders of Scotland ; and it was stated that the chief priest of Hymen , who lately died , had , during his life , celebrated 30 , 000 marriages . This bifl provided that there should be documents registered which proclaimed the contracts of persons who were married by a religious ceremony . He believed that if this bill passed , the same course would be followed in Scotland as in England , where marriages performed before a clergyman or witnesses were held good .
All that was requisite was that the parties should go before a clergyman , and have the bans proclaimed ; the marriage was then proved to have been authorised . It was stated by some that no inconvenience arose out of the present system in Scotland , but he should remind their lordships that there had been several appeals made to the Court of Chancery in England arising out of such a system . There was in this bill a clause which provided registrars who wore intended to make an entry ef all the marriages which had been properly performed , and which would obviate the evil he had just complained of . There ~ a 3 a committee appointed last session to consider the matter ; and the opposition of several cf their lordships , who were prejudiced by the representations made to them about this bill , subsided greatly on ihelr learning the true / acts of the case .
The Earl of Abehbeex said he regretted that he must object to the second reading of the Marriage Bill . He did not think that such a bill as the present was called for ; and that sueh an alteration in the law affecting marriages should be made as a means of perfecting a system of registration . If the noble and learned lord thought that the law of marriage ir . Scotland was defective , let him introduce a bill irrespective of registration to alter the law . He entertained the utmost respect for the opinions of those of their lordships who approved of the bill , but , yet , lie should say that the general opinion of the people of Scotland was in opposition to it . There had been no complaints of the law as it existed at present . But he was happv to observe that the
r . oole lord had not stigmatised it or spoken of the Scotch people in such strong terms on this occasion , as he did last year . "When aspersions such as these were cast upon the people of Scotland , he ( the Earl © f Aberdeen ) felt it right to call to their lordships ' recollection a statement made in that house by the late Lord Liverpool . That noble lord publicly de-Chred in his place that , taking Scotland altogether , " it was the best conducted country on the mce of the earth . " It was a colloquial expression , but it was important as tending to show what Lord Liverpool ' s opinion was of the people of Scotland for morality . The noble lord then went on to say that under all the circumstances he was not one of those who concurred with the Jioblc lord ( Campbell ) in
the necessity for the changes he had proposed . He would ask , where was the evil that called for the enactment of such a measure as this , which would have the effect of confining and restricting the best feelings of the people of Scotland ? Marriage , by ihe law of Scotland , was a civil contract , essentially depending upon the mutual assent of the parties entering into it . That consent might be proved in various laodes . The noble and learned lord opposite referred to three modes of entering into the contract of marriage . The first was by a promise in writing , followed by cohabitation ; tlie second , an admission or declaration of the marriage ; and the third was repute . Xow , the promise must bo proved either by the writing or the oath of the party .
These modes of contracting marriage had given it great facility . What was the consequence ? In Scotland seduction was extremely rare , whereas in England it was quite the reverse . " In England the instances of seduction were innumerable , compared with the number wliich took place in Scotland . The law in Scotland mi ght therefore be fairly presumed to be a great protection to females , for they were invariably the sufferers . For one artful woman by whom a young man was entrapped into marriage in Scotland , there were at least one hundred innocent women betrayed and ruined by seduction in England . Looking at the marriage contract as possessing no religious character , however desirable it might be that the nuptial benediction should be given in
facie cccksiu ; he did not understand whysoine other proof of consent should not serve just as well . Twenty years' cohabitation would not be sufficient to constitute a marriage withoutproofof the mutual consent of the parties to enter into that contract ; but six months would be sufficient if there was evidence of the promise to contract matrimony . It was quite a mistake for the noble and learned lord to state that such was the condition of the law of marriage hi Scotland , that many persons did not Know and had hardly any means of knowing whether they were married or not . ( A laugh . ) It was quite imjiossible , and in fact things were not so . He ( the Earl of Aberdeen ) was willing to assent to any measure which might prevent people from going into -Scotland to evade the marriage Laws of England ,
aid take advantage of the lex loci of the former country . The people of Scotland were perfectly satisfied with the law as it stood . For his own part , he had no objection to the principle of the Registration Bill , but he most decidedly objected to any restrictions upon entering into the contract of marriage , which was a source of the greatest blessings ana happiness , and the natural ri g ht of every man however poor . Their lordships should , therefore , liesitate before they interfered with the present law . He would not object to the noble lord's bill if certain phrases or words were omitted or expunged fl'om it ; otherwise , he thought the proposed method was most objectionable , and with every respect for the laws of " England , lie was of opinion that the marriage law of Scotland , as it stood , was just as efficient as anv law could be .
Lord Brougham said it was a most unfortunate circumstance that the marriage and registration bills seemed to have been wedded together . ( A laugh . ) It was supposed the Marriage IJill was introduced to complete the Registration Bill , while it was just the other way . He approved of the proposed measures , and thought them extremely salutary . They would throw impediments in the way of clandestine marriages , which were always ill-considered and mischievous . His noble friend" near him ( tlie Earl of Aberdeen ) denied that people could not be aware of their marriages in Scotland . ( Alaugh . ) A ' ow , he ( Lord Brougham ) said distinctly that there were many persons in Scotland totally ignorant of the fact-slaughter)—and knew not whether they "were married or not . ( Laughter . ) But it was a rery difficult thing to prove , the result was the enormous amount of litigation to prove the
lesitimaey of people , and their title to property . He believed that the proportion of marriages contracted before the registrar was less than that of marriages contracted before the parson . It might be asserted as a general fact , that in Scotland people preferred to " o before either clergyman or registrar to going before the magistrate . He" considered it a recommendation of the bill before their lordships that it went only to the law of marriages , without any substantive interference with the lav of divorce . ( Hear , bear . ) It was his clear op inion that the noble and learned lord had done well in confining himself to a revision of those anomalies and conflicting enactments by -which , under the existing state of the law , it was very possible for a man to be bastardised by toe sentence of courts of law in England who ^ ould be legitimated in the finding of the Scottish COnris .
"The Earl of Aberdeen observed that returns Jhich he had moved for did not indicate the pro-Y * § iou 3 uncertainty referred to by the noble and « anied lord . After some farther discussion the bfll was read » « COnd time , and their lordships adjourned . JtotSE OF COMSIOSS . — Poor Laws . —Sir n . forft 688 ? wished to ask the chief commissioner fot ^^ istration of the poor laws "ifanyinr ^ wuon had j ^ jj recced that poor rates have ^ "Ported in aid of , wages , yjjder the head pf in-
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sufficient earnings , in some parts of Lancashire , especially at Ashton-under-Line , during the last twelve months , and whether any order has been issued on that subject by the commission . " ilr . Baixes said that no official information had been received at the poor law board respecting the circumstance alluded to by the hon . baronet . There was an order of the board against the expenditure of rates , in aid of wa"es , but he believed that there had been a partial deviation from such order in certain manufacturing towns . The board had made no order sanctioning such deviation . ° English « Clearances . " - Mr . Scott put a series of questions on the subject of emigration to Australia , one of them having particular reference to emigrants from the counties of Dorset and Wilts .
Mr . ILures replied that there was no intention on the part of the emigration committee to give a preference to the two counties named . The fact was , that there had been two ships appointed to sail 2 . . ™ yraouth , but the number of emigrants offering themselves as ready to embark not havin g been sufficient to fill tho berths , the deficiency had been made up from the neighbouring counties . The expense would be about £ U a head , and of course if the emigrants had been " assisted , " a eate
ja r numoer migni nave gone . me lund at the disposal of the government was now reduced to about £ 50 , 000 . Mr . Scott contended that there had been an undue preference shown to those two counties ; and wished to know if any correspondence which had taken place on the subject would be laid on the table , which was desirable , as it mteht remove any suspicion that the arrangements of the government were made with a view to clear the estates of certain gentlemen at the expense of the rest of England . Mr . Hawes said he was not aware of the existence
of any sueh correspondence . Soutiumttox Siuix Tenements Rating Bill . —On the motion for the second reading of this bill , Mr . Cockbdbn moved that it be read a second time that day six months , on the ground that inasmuch as the bill contemplated the rating of all tenements under the annual value of £ 10 , in the name of the landlord instead of the tenant , the consequence would be that all these votere would be swept off the municipal and parliamentary lists , while it would throw additional burthens on those
who were least able to bear them , and the owners of large property of this description would enjoy perfect immunity . Mr . \ Vim . cox described the measure as a wolf in sheep ' s clothing , professing one thiag and intending another ; and seconded the amendment . Mr . Mackixxox supported the bill , contending that there was no taking away the franchise whatever , for if the tenant chose to vote he had nothing to do but . pay the rate , and deduct so much from his rent . In Southampton there were 6 , 000 persons rated , of whom 1 , 800 paid no rates whatever . The bill was supported by a large majority in every vestry . '
Mr . Compios contended that the bill , so far from operating as a hardship on the poor , would prove most advantageous to them . 3 fi \ P . Scbope hoped that this and other bills with a similar object would be suspended until parliament had had an opportunity of taking the general principle into its consideration . Mr . UuifE contended that parliament ought to endeavour , ty every moans hi its poAver , to induce the poorer classes to pay the rates , inasmuch as the area of representation ought to be increased rather than diminished , and submitted that this mode of legislating for any particular party was most objectionable .
Mr . Godsox said that in the bill relating to Kidderminster , the clause was , that nothing should affect any municipal or parliamentary franchise . Another clause empowered the owner to compound with the overseer . The effect was that the Landlord made a per centago on his money , he paying the rates , and the occupier enjoying his franchise . Mr . Heslet did not know how the bill would affect the franchise , but the objection wliich he had always taken to measures of this description , unless they were promoted by common consent , was , that they deprived the poor man of the advantage which the humanity of the law had conferred upon him that he should not be rated if his neighbours agreed in vestry that he was too poor to pay his rates .
After a few words from Mr . Spooxek in favour of the measure , and from Mr . Muxtz against it , the bouse divided , when the second reading was negatived by a majority of forty-two ; the numbers , 10 t 5 to 64 . Suspension of tite Habeas Cokfds Act ix Ireland . — On the motion for the third readin ? of this bill , Mr . Jonx O'Coxxeix , finding that Lord Xugent ' s amendment , which was . on the paper , could not be submitted until the bill had been read a third time , and being unwilling to trouble the House with two debates upon the bill , stated he would content himself with simply dividing the House upon the third reading , and taking the debate upon tho amendment afterwards .
Sir < J . Ghey said that perhaps he owed some apology to the hon . gentleman who had just sat down for having reminded him some twenty minutes ago that he had then spoken an hour . The hon . gentleman appeared indignant at having been informed that he was an hour on his legs , but he had spoken now for nearly an hour and a half , and he had occupied twenty-fire minutes after saying he was only going to read and speak for six minutes . ( IIear , hear . ) Now , on referring to the list of the minority on the 6 th of February , the name of the hon . gentleman would he found voting on the motion for limiting the discussion to one nour . ( Hear , and laughter . ) If anything could convince him ( Sir G . Grey ) of the necessity of limiting the addresses
in that house , it would be the speech they had just heard , because if all the extraneous matter it contained had been expunged , it would have been an effective , and a far better speech than it was . ( " Hear , hear , " and renewed laughter . ) He knew not that it was necessary at present to prolong the discussion , because the hon . member for Limerick had thrown out a suggestion which seemed to meet with the acquiescence of the House—namely , to take the debate on the amendment of the noble lord opposite ( Lord Nugent ) after the third reading of the bill , those members who dissented from its provisions now recording their protest against it . If this plan were adopted , there would be anot'her opportunity of speaking on the main question , and
her Majesty's ministers could then defend the line of conduct thoy had thought proper to pursue . Hear . ) The hon . member fer Nottingham might have spared himself all the trouble of reading the extracts relative to the constitutional value of the Habeas Corpus Act . Jfobody doubted the immense value to be attached to the provisions of that act ; but the hon . member must know that the greatest constitutional authorities had held that occasions mi g ht exist , when , in order to preserve the constitution , it would be necessary to suspend the act . ( Hear , hear . ) Having noticed cursorily some parts of Mr . O'Connor's speech , he pressed the House , after the ample discussion which the measure had undergone , not to delay the third reading .
Mr . E . B . Roche could not omit availing liimself of the opportunity of again recording his opinions against the bill . He then , in answer to those who charged the Irish members with neglecting to propose measures of a remedial character for their country , went at some length into the ecclesiastical , social , and political grievances of Ireland , pointing out , in connexion with each , the measures which , in his opinion , were necessary as a condition precedent to Ireland ' s regeneration . Amongst these he laid particular stress upon a measure having for its object to effect a thorough change in the system of land tenure in that country . It was difficult to understand where social rights ended and political rights besran . On that subiect a great deal of what miijht
out of doors be called " clap-trap" was spoken . On a soil naturally the richest in the world existed a population the most miserable and helpless in the world . What they wanted was to bring the rich soil and the poor people together . That was what they had never done , and what they would never do till they had the heart to give tip their English prejudices with respect to the rights of property , and to ; urn , in a certain sense , a deaf ear to the Landlords of Ireland . ( Hear , hear . ) He was a landlord himself , hut he felt that it was impossible to be a doctrinaire on this subject . The question was imminent ; it was not one for a debating society . The people
were dying by hundreds , and the hon . gentlemen must "ive up " their squeamishness as to the landlords of Ireland—must be prepared to pass a good , stron" and comprehensive measure on the subject of the tenure , without understanding that they must apply the same principles to England Mr . Hcme . in reply to some remarks addressed to him bvMr . Koche , defined his position with respect to the ' bill , whichhe supported , in order to keep Ireland for some months longer in that state of tranquillity in which she was now said to be , and the continuance of which would leave the government no excuse whatever , if it failed in bringing forward remedial measures .
Mr . Napieh would not have taken any part m the debate but for the attack made by Mr . Roche on the Irish Church , an establishment which he was prepared to support , on the ground of its antiquity , its scriptural truth , its perfect discipline , and the moral benefit which it conferred upon Ireland . If any proof were wanted of the excellence of thai establishment , it was to be found in the quiet and decorous state of-the Protestant parts of Ireland , such as Ulster , where neither sedition nor disturbance prevailed .
Mr . Jons O'Cokkbi * said , that incendiary fires prevailed , and were increasing in number in Ulster . Thev mfaht not constitute sedition , but he put it to the lion . ° and learned gentleman if they were not of the nature of disturbance . If the Protestants of Ireland were wmparatiyety wateated , it was be-
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cause everything was done for them at the expense ol the great body of the people . As to Mr . Hume ' s exculpation of himself , it appeared to him to be 01 the lamest description , the hon . member for Montrose , notwithstanding all his professions , being no real friend of Ireland . Mr . S . Crawford had heard nothing to convince him that a ease of necessity for so stringent a measure had been made out . He regarded Mr . Hume and his coadjutors in tho House as guilty of the most glaring inconsistency in the part which they took in reference to the bill . Mr . Hume ' s apology for himself was anything but successful . The hon . gentleman concluded by moving , as an amendment , that the bill be read a third time that day six months . The House divided , and the numbers were—For the amendment 23
Against it 117 Majority against 94 The bill was then read a third time . On the motion that the bill do pass , Lord Jf l'gest moved , as an amendment , that the , words " the first day of June" be substituted for "' thefirst day of September" in the first clause—in other words , that the bill be limited as to duration to three instead of six months . He appealed to the llouse , in submitting this amendment , whether or not it were fit that , at the beginning of a session , a lease of so great and tremendous . a power should be given to the government for the space of six months ? Colonel Thompson seconded the amendment . Sir 6 . Grey objected to the amendment , thinking that the noble mover had not shown that the objects of the bill could be attained in so short a time as three months . He trusted that the noble lord would not persist in the amendment .
After a declaration by Mr . Retxolds and Mr . J . O'Coxxell that they should not vote at all , The motion , on a division , was negatived by 1 G 6 to 11 ; and the bill passed . Jewish Disabilities . —Lord John Russell then rose to move a committee of the whole House on the oaths to be taken by members of the two Houses of Parliament . The House of Lords had rejected the bill he brought in last year , and he now proposed that the House should review the subject of these paths , which were not merely declarations of opinions—they were means to an " end , to secure the due performance of the duties incumbent upon the members of this House . If , however , they contained matters which were unnecessary , or ambiguous , or
winch imposed undue restrictions on any of her Majesty ' s subjects , these oaths required the consider . ! tion of the nousc , with a view to their alteration . The noble lord then read and explained the nature and objects of the oaths of allegiance , supremacy , and abjuration , the latter of which pledged the person who took it that he did so " on the true faith of a Christian . " He contended , as he had done last year , that they had no right to exclude any subjects of the realm , except upon the ground that they entertained opinions which rendered them unfit to be members of that House , or incompetent to perform their duties . Such exclusion was a case of unmitigated persecution ; and after admitting Koman Catholics into Parliament , it was peculiarly odious
towards our Jewish fellow-subjects . It was the luxury without the danger of persecution . After the admission of Roman Catholics and Dissenters the exclusion of the Jews was peculiarly odious . The noble lord then stated what he proposed to do for the purpose of amending the oaths . As he had already said , there was to be no . alteration in the oath taken by Roman Catholics . Instead of the other oaths , he proposed that a general oath should be substituted , to the effect that , " I , A . B ., swear that I bear true allegiance to her Majesty Quoen Victoria , and t ? iat I shall maintain , tlw succession to the Crown as settled by the Act of Settlement , and that I do not believe that tho Pope of Rome , or any other foreign prince or prelato , hath or should have
any temporal or civil jurisdiction within this realm , that I shall defend to the utmost of my power the settlement of property in this country as by law established , and that I make this declaration on the true faith of a Christian—So help me God . " ( Sensation on the noble lord ' s reading the words " on the true faith of a Christian . " ) But he proposed that whenever this general oath was to be administered to a Jew , the words alluded to should be left out . The words were , bv their retention , no effectual barrier against unbelief ; but he did not think that it would be ri ght so to frame the oath as to throw the House formally open to infidels and \ mbclievors . By these means lie believed that the measure of reli gious liberty would 1 ) 0 complete . Ifc
would , at the same time , give constituencies tho right , which they did not now possess , of electing as their representatives such persons as happened to enjoy the greatest share of their confidence . There was no danger to the Christian faith , no risk to any Christian institution , in that which he now proposed his proposal being in strict accordance with the principles of Christianity . Mi" . GotLBURX , whilst he did not oppose tho motion for going into committee , protested against being supposed to adopt the p rinciple of Lord J . Russell ' s proposition . He could not acquiesce in the admission of Jews into Parliament , which he thought would have serious consequences to religion at home and abroad .
Mr . PuJMnnE , Mr . Law , and Mr . Bankes , opposed the measure . Mr . Gladstone said , his opinion had undergone no change except that it had been confirmed by reflection . He was deliberately convinced that the claims of the Jews to civil liberty could not be barred by the difference of their religion from ours , and he believed that in admitting them to our Legislature wo were guilty of no abandonment of religious duty . He was glad that the noble Lord proposed to retain tho words " on tho ti-uo faith of . Christian ; " but he suggested the omission of words abjuring the temporal power of the Pope , which were as superfluous as other words excluded by the noble Lord . Mr . Newdegate moved an adjournment , in order that the House might have time to understand the oath . Mr . H . Drumwoxd admitted that there was much in the oaths which would be better left out ; but this was nothing but the old Jew bill .
Mr . Walpole agreed that some parts of the oaths were unnecessary ; but he complained of the reopening of a discussion which had taken place only nine months ago , exposing this House to a collision with the House of Lords , and interfering with the religious convictions of a great mass of the people . Lord J . Russell said , the surprise which Mr . Walpolc had expressed at his stirring this matter again , after it had been rejected by the House of Lords , did not harmonise with his ( Lord J . Russell's ) understanding of the Constitution ; nor was it consistent with the course pursued with respect to the Catholic Emancipation Bill and the Reform
Bill . Mr . Newsegate having withdrawn his amendment , the House divided on the original motion , which was carried by 214 to 111 . The House then went into committee , when Lord John Russell placed his resolution in the hands of the Chairman , who then reported progress , and obtained leave to sit again on Friday . Mr . C . Lewis obtained leave to bring in a bill to authorise the enclosure of certain lands ; Sir W . Somehville a bill to amend the laws relating to the appointment of vice-guavdiaus of unions in Ireland ; and Sir H . Bareox a bill for the more speedy trial of offences in Ireland . The House adjourned at half-past twelve . ¦ WEDNESDAY , Feb . 21 .
HOUSE OF LORDS . — Habeas Cori-us Act ( Ireland ) Scspexsion Birx . —This Bill was brought up from the House of Commons , and read a first time . The Conveyance of Real Property Act Amkxdmest Bill passed through committee , and was reported to the House . The Marquis of Laxsdowxe gave notice that lie would move that it be read a second time on Friday next . Their Lordships then adjourned . HOUSE OF COMMONS . —Colonial Grievances
—Mr . Baillie moved for a select committee to inquire into the grievances complained of in the Crown colonies of Ceylon , and British Guiana , and the Mauritius , and to report whether any measures can be adopted for the better administration of those dependencies . The honourable member began by appealing to the general feeling which prevailed the public mind that the Colonial-office was incapable of discharging its functions with advantage ; and observed that there had been a succession of colonial ministers , not deficient in talents , who had failed in inspiring the colonies with confidence , or in giving satisfaction at home ; and the experience of last session had shown that the present Colonial Secretary had not been
more fortunate than his predecessors . But he charged the Colonial-office with tyranny and oppression , with a wasteful expenditure of the colonial resources ; and insisted that the time had arrived when the colonies were competent to control their own expenditure and manage their own aftairs . He then entered into an exposition of the system of local government in the Crown colonies , and of the specific grievances of which they complained ; He detailed the eccentricities of Lord Torrington in Cevlon , to which he attributed the late rebellion in + W . island , and after condemning in strong terms the
severities , some of them illegal , exercised towards the rebels , he produced a marked sensation ia the House bv the statement , that a bill of indemnity wis passed in his own council only hy the casting vote of Lord Torrington himself . In British fiuiana , the withering influence of the Colomalnffice had produced fruits of mwgovernment not leas deplorable ; its mission was here , indeed accomp Hsned-tharuin of ihft pkntas W 49 eomploto . The hon member showed how unjust was the resistance offered by the Colonial-office to the financial reforms proposed bv the Combined Court of Guiana ; SSd by asking the House how the colonies SSce confidence & a minister "to stood coa
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of Lnr ^ a dcljbo ™ te a « cmpt to deceive the House Jurposft Wh ° pmerted tnith for l' » rty niJitSmi « ?* , J ldcdthcinotion ' wishctl tIlc Sf ; , ™ der ? t !« Ml that it was the system under \ tnfPo ' r ° " ? P laccd . and therefore tho iLi ? ° fPaill ™ t itself , which had produced the n 3 Ti resulte 80 woU describcd b > ' Mr . Bail E lie dilated upon the harsh treatment which Cevlon had experienced , upon the insult which Demerara had received at tho hands of tho Cakmfel Secret-, -y m the matter of tho Civil List , and claimed for the colonies that self-government which was denied only on account of the patronage it would wrest from the Colonial-office . "ukiaucm ;
• ¥ V . ' , " * RlCARD <> moved an amendment , the object of which was to extend the inquiry of the committee to the means of enabling these colonies to meet the difficulties of the transition from a system 01 protection , to that of competition with the * promice of foreign states . The hon . member thought it would have been fairer on tho part of Mr . Baillic ana Mr . Hume to have proposed a direct vote of censure upon the ministers , whom this motion was assigned to embarrass , in order to get up a reactionary movement in favour of protection . This nad been tho covert object of the party who refused supplies m the Court of Domorara , which mMit have reduced salaries , but had preferred to attack the Civil List . R was to the honour of Lord Grey tnat lie had dared to encounter odium rather than * s — n»*»— w v *\^ vuwvuilkbi ^* 1 . & * mil AfiUlAV'& V 114 tki
shrink from carrying out when in office principles winch ho had maintained in opposition . Mr . Hawks said Mi . Baillie had made grave charges against Lord Grey and the Colonial-office , out he had supported them by selections singularly disingenuous and unfair . His charges were general , tinctured with bitterness and personality , without stating what was in reality the colonial policy of this country . He had enlarged upon the supposed errors of Lord Torrington , but lie had carefully abstained from noticing the many beneficial reforms that noble Lord had introduced" in Ceylon , some of which Mr . Ha wes explained , and then justified the taxes to which Mr . li : ullic had incorrectly ascribed the rebellion . . The measures taken to suppress the rebellion and to punish the guilty agents , Mr .
llawes showed were justifiable or unavoidable , and he cited the testimony of Sir Herbert M . iddock to tho judicious manner in which the rebellion had been dealt with by the authorities of Ceylon , at tho same time vindicating the conduct of the soldiery . "With regard to British Guiana , Mr . Bailljo ' s statement appeared a burlesque of the facts , which Mr . Ilawcs minutely devclopcJ , and deduced from them evidence that the Combined Court in refusing supplies , was actuated by a desire , not to make salutary reductions , but to embarrass the Government , and force upon it the principle of protection , and it was Lord Grey ' s resistance that had brought upon him so much bitterness and obloquy .
He then vindicated both Lord Grey and himself from the charges of inconsistency made against them . As to Lord Grey , his conduct , since he had come into office , was the best answer to the charges made , lie had established responsible government , in reality , in the British American provinces , where formerly it existed only in name . And , as to the Australian colonies , ' it was his ( Mr . Hawcs ' s ) intention to introduce a bill to confer upon them representative government . Ho feared that the spirit and temper in wliich the discussion had been introduced , would have anything but a { rood effect upon tho colonies . As already said , lie shrunk not from inquiry . Lord Grey shrunk not from it . That noble lord had
exercised his patronage in the most unimpeachable manner , and he challenged Mr . Baillie , and those in len ^ ue with him , to imnracli it if they could . Having thus , as he said , met the charge ' s made by the hon . gentleman , he concluded with a warm eulogy on Lord Grey , whom he felt it an honour to defend . He would not oppose the motion , but trusted that tho House would agree to the addition sought to be made to it by way of amendment . Sir W . Molf . 9 wortu , who followed , went into
an analysis of the expenditure of Ceylon , which he characterised as extravagant , and wliich had , of late years , greatly increased . Extravagant and increasing expenditure had led to financial embarrassment , and this again had led to the enactment of bad laws . Ho then proceeded to sustain , at great length , most of the charges preferred against the Colonial Department by Mr . Baillie , and concluded by recommending the transfer of Ceylon to the East India Company . Ml * . Addeiuky did not think that this motion was
in reality an attack on individuals . As for Earl Grey , so far from proposing a vote of censure upon him , he would readily give him a vote of thanks , as to a man who seemed to have boon raised up by Providence fov the express purpose of damning the system with which he was connected . Mr . Scott , in supporting the motion , complained of the denial to the colonies of self-government , and of the mismanagement of their affairs by the Colonial Department . Sir It . Viiv . i . then rose and observed that , in his opinion , public advantage would accrue from an inquiry into the state of some of our colonies ; an inquiry to bo conducted , not with a view to inculpate this or that Colonial Secretary , but to be calmly entered upon , in order to ascertain what
could bo done to give peace and contentment to the colonies . The state of more than one of our colonies required that such an inquiry should take place ; and if another reason were wanting for instituting it , it might bo found in the challenge thrown out by the Under-Socrotary for inquiry into the condition * of all the colonies . He wished that the motion had' more correctly siiecincd the object which the House should have in view in setting such an inquiry on foot . iU > r did he see any reason why themotum should be saddled with an addition , which the circumstances of tho case did not require . He liked neither the motion nor the amendment as they stood . Tho inquiry should bo a simple one , tending to a simple but a groat object ; and into such inquiry the House should
enter , without seeking to pledge itself to this or that economical policy , when economical policy was not necessarily involved . He would be a party to no motion which might give rise to the idea that a return was meditated to the system of protection But thoy might inquire into tho ease of the colonies in question , without involving that question af all . He well knew the difficulties with which colonial governors had to copo , particularly when the scene of their administration was at a great distance from this country ; but he was bound to say , that in the papers before the House in relation ' to Ceylon , thero were ample grounds to justify the motion submitted to the House . The documents had left a most unsatisfactory impression on his mind . The Under-Sccretary had alleged
that there was no connection between the rebellion in Ceylon and the ordinances of taxation which the local Gove rnment had passed . For the sake of argument lie granted this , but it was a consideration which created all the more alarm in his mind with regard to our lutuve government of Ceylon . It appeared that the rebellion had a wider anil deeper root than this ; that , in fact , tho native priesthood were engaged in it . Under those circumstances , was it politic , or rather was it in accordance with common sense , that when a priest was condemned for the part wliich he took in the rebellion , he should be shot in his sacerdotal robes ? If anything was calculated to alienate from us the feelings of a population entertaining a religion which was iealous of ne-rloctor any contempt wliich
might bo heaped upon it , it was such a course as this . Again , when a native prince was condemned to transportation , wherefore was lie subjected to corporal punishment as pz-eparatory to his undergoing it ? They had in Ceylon a jealous native religion , and a jealous native aristocracy ; and it appeared to him that an unnecessary outrage had been visited upon both . If the rebellion , as the Under-Secretary had assured them , had had no connection with the ordinances of taxation , but with feelings of alienation from us pervading the native mind , what course could have been pursued more calculated to increase that alienation than that pursued , on tho two occasions alluded to , by the local government ? He could not agree to the inquiry without expressiug how deeply these
circumstances had pained and alarmed him . Lord Joii . y Russell observed that , although ho did not feel , after what had fallen from Mr . Hawes , that the conduct of Lord Grey required any further vindication —( a laugh from the Opposition)—he could not agree to the committee demanded without making some remarks upon the observations which had fallen from Mr . R . Baillie , and upon some of those which had just been made by Sir R . reel , The noble lord then proceeded to criticise very severely the speech of Air . Baillie , whom he accused of every misconstruction and of suppressing the truth whenever the enunciation of the truth would have proved favourable to Lord Groy or Lord Torrington . He then came to a subject , which he said was painful to him , that of the insurrection in Ceylon . Lord Tovrington had given , in his opinion , the correct version ot tho origin of that insurrection . It did not originate , as Mr . Baillio supposed , in the
taxing ordinances 01 the local government . It was to Lord Tomngton ' s energy , promptness , and efficiency , that they owed the speedy suppression of the insurrection ; an opinion not only entertained by the government at homd , but by influential parties , best capable of judging , in the colony itself . As to the punishments inflicted , he confessed that he did not feel competent to judge of the extent of punishment which -was necessary fov the preservation of the lives and properties of her Majesty ' s subjects in the . colony . It was his own belief that tho proposal made by the Chief Justice of Ceylon . tf » 3 politic—a proposal in Which Lord Torrington had Virtually concurred . As te the two cases of punishment alluded to by Sir 11 . Peel , ho ( Lord 3 . Russell ) must decline giving any opinion whatever Taking the facts merely as they stood , they might appear to he unnecessary ; lut lie wis fet flora Suuku'S thai it to impossible
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that there might bo peculiar circumstances in the case wliich rendered tho facts justifiable . Lord Turlington was accused of not paying sufficient regard to the religion of the natives . If ho disregarded that religion , he ran the risk of nlienatinjgr the natives ; whereas , if ho paid any great attention to it , a cry was raised in this country that a Christian government was countenancing idolatry . With regard to the eolony of Guiana , the noble lord rested the case of the government upon the stateincut mado bv Mr . Hawes ; and contended that Mr .
Barkly had done the very contrary of sacrificing his character for consistency in accepting the governorship of that colony . Mr . Baillie had chosen to make this motion—a motion which might load to useful results—the occasion of a bitter personal attack on Lord Grey and Lord Torrington ; but he would nevertheless agree to the appointment ofthc committee , although he thought it advisable that some words should be appended to the motion which would indicate that the llouse did not contemplate any alteration in its commercial policv .
Mr . Disuakli would occupy the House but a few moment !? , in order to explain the exact position 111 wliich Mr . Uaillic was placed b y the amendment proposed , and the observations which had been made upon it ^ The motion , as proposed b y Mr . Uaillic , lul not involve commercial considerations at all , nor did he touch upon commercial topics lest it should be supposed that it did so . Yet he was charged with an attempt at economical reaction , and was met by the amendment , which placed him in a- posv tion of some embarrassment . If tho committee ' could only be granted on the condition of the amendment being accepted , those who supported the motion could not take the committee subject to such a condition . As to Lord Torrinston , when he heard of the attack upon , and tho defence of , him that evening , it appeared to him that tho
noble lord would prefer the attack to tho defence . He did not then wish to go into the merits of the case , his chief , if not his sole , object being to vindicate the terms of the motion . The amendment of Mr . Ricardo therefore , was a piece of strategy , which afforded Mr . llawes an opportunity to tack to the motion a condition which he knew' would not be accepted , and wliich it would not be creditable to the House to accept . After some piayful remarks upon the qualifications of Lord Torrington as whimsically described by Mr . llawes , " Mr . Disraeli concluded by vindicating the motives of Mr . Baillie in bringing forward this subject . Mr . Laboucheue thought it would not be difficult to frame a motion for a committee that should not , on the one hand , send out an impression to the colonies that there was an intention to make the
committee a vehicle of free trade discussions , and ou the other depr ive the colonies of the benefit of inquirjr ; he , therefore , proposed to omit the words , " to inquire into tho grievances complained of , " so that the committee would have to inquire and roport as to measures for the better administration and government of the two Crown colonies . Mr . Osuornk protested against the subject of free trade being employed to hoodwink the jlouse . The object oi" the inquiry ought to be to examine into a colonial system which sat like an incubus upon the energies of the colonies .
A discussion of some length and perplexity then took place , several members proposing changes in tho phraseology of the motion . At last Mr . ItiCARno withdrew his amendment , Mr . Baillie consenting to put his motion in thcfollowing form : — " That a sulect committee bo appointed to inquire into the grievances complained of by the Crown colonies of Ceylon and British Guiana " , in connexion with the administration and government of those dependencies ; and to report their opinion whether any measure can ho adopted ibrthc redress of any grievances which thoy may have shown just reason to complain of . "
To this motion Mr . Hume suggested adding the following words : " And to inquire whether any measure can be adopted for tlm better administration and government of those colonies for the future . " This addition was accepted by Mr . Baillik , and the motion as altered was agreed to . The llouse then adjourned at half-past twelve .
WEDNESDAY , Feuhuaiiy 21 . HOUSE OF COMMONS . —The House did not meet until two o ' clock , being Ash / Wednesday , and nearly the whole of the sitting was occupied by a debate on the second reading of the UmuEity at Election's Bill . —Sir Jonx Pakixctox explained the views upon which he founded it . After the scenes at tho general election of IS-II , this subject had assumed a new and pressing importance , and it was apparent that the existing laws for proventing bribery and corruption at elections were ineffectual , for this reason—that the detection aud punishment of bribery were primarily dependent upon the presentation of election petitions ; and , wherever bribery prevailed , there was always a combination of powerful motives deterring parties
from presenting petitions . The Bribery Act of Geo . II ., though a very stringent law , had virtually buuoiiiu ; i dead letter , and the Acts brought in hy Lord J . Russell in 1811 and 1842 , required to bo put in motion by a petition . A bill upon this subject was proceeding in the llouse of Lords , the principle of which , however , was essentially tho same as that of the bill of last session ; namely , the discovery and punishment of bribery by means of commissions ; but it was open to the s . imc objection as Lord J . llusseH ' j acts—a petition was necessary . The hon . baronet then proceeded to give some curious details which had reached him confidentially as to the gross bribery wliich had prevailed in several towns at the last general , election in 1847 , and asked whether such a wholesale system of
corruption was to continue unchanged and uncontrolled , which must be tho case unless they tried some other remedy than trusting to the presentation of a petition against the return which , in such cases as those he hail referred to , they could not obtain ? They must not trust to wholesale disfranchisoment , which was highly unjust , as confounding the innocent with the guilty , or to election petitions ; they must direct their efforts to the conduct of the candidate , and not alone to that of the voter . He intended , therefore , to propose that no member should take his scat in that House until lie had declared at the table that he was entirely innocent of all corrupt practices ; and if , nfter ' such declaration , it should be decided , cither by a committee of tho llouse or a court of law , that he had been guilty of bribery ,
then that for over after- ho should bo disqualified to sit in Parliament . Also , that it should be competent for two electors , duly qualified , to demand the declaration from the candidate on the hustings , and that in the case of the voter , if he should be prorcd guilty of having received a bribe , he should suffer the penalty of disfranchisement for the rest of his life ; that was the enly disfranchisement to wliich he would be a party . The only other remaining provision of importance was , that in grappling with the offence of bribery , as the candidate was the proper person to be attacked , he contemplated doing away with the bribery oath altogether , which only affected tho elector . Colonel SiBTiionr objected to the bill in toto , and
had given notice of moving that it be read a second time that day six months ; but as it was to be referred to a select committee , he should refrain from so doing . The hon . baronet had talked of the purity of public men . Purity of public men Nonsense ! Stuff ! ( Laughter . ) For his own part , he had always looked upon _ tho Treasury L ' encii as the nroatest nest of corruption in the world . Sir J . IlANMER trusted that if the bill was to be referred to a committee upstairs , tJio terms of the reference would not bo narrow , but that the inquiry would be extended to the state of tho law of elections generally , and to those cases in vrliieh the decisions of committees of that house had conflicted with those in the courts ol law .
Lord Maiiox though not in hostility to tho measure , for he thought tho llouse much indebted to the hon . baronet " for the attention he had paid to the subject , would state some objections to it in its present shape with a view to amendment . He wished the llouse to consider how dangerous it would be if by the decision of a majority of a committee of the House of Commons , when party spirit ran high , a member declared to have been guilty of bribery should be for over after incapable of sitting as a Member of Parliament . Again , as regarded the disfranchisement of the voter , there was also a danger of party spirit interfering , lie would suggest that a party should be disfranchised only when the committee was unanimous in convicting him of
bribery . With regard to the substitution of tho declaration for tho bribery oath , there might perhaps be some advantage in the proposition provided the committee should consider that any declaration at all was necessary . He had great satisfaction in concurring in the course proposed , of referring the bill to a select committee . Mr Aolioxby would givo his support to the bill , on account of its title , having supported every measure introduced since he had been in Parliament wofessing that object . He thought the declaration clause , however , was like setting a trap , in which the conscientious and sensitive would be caught , but from which tho unscrupulous and dishonest would easily escape . He should like to know if such members
a declaration were required from the hon . now present , how many of them would be in a position to make it . How many of them could declare that they had never applied to the treasury for some nlacc or office for some favoured supporter . For himself he had not flown at very high game , but he must confess that he had succeeded m obtaining for one or more of the doctors of Cockevmoutn situations as postmen at 20 s . a-vreek . If they wished to meet the real difficulty , let thorn extend the franchise , and there would be so need of bribery bills . Bo awfty with the old freemen and extend tho francldso to all householders , and it would bo worth , no man ' s ^ bilo to Attempt obtaining votes by suoh means . Sir G . Grk thought that great credit was duo ' . to the boa . bftioati for the paiaa Iw had taken to te-
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medy a serious evil , and ko should be boitv to oppose the second reading of the bill , or its reference to a select committee . Thore seemed , however , to be a desire to east upon the committee the oflice ot reconstructing the bill , mul revicwin" tllC entire subjects of bribery nnU treating ; ho h ; i 3 not collected that any member supported anv shHe clause . With respect to tho declaration , ' he nad hoard nothing to convince him that it was desirable to impose a test at which some men , not guilty oi any moral offrneo , might demur ; and he-agreed with Lord Mahon , that ' it would be monstrous that men convicted of bribery by a committee of that llouse , should be for ever disqualified to sit in Parliament . With regard to the ilisfranehisement ot electors , he entertained , in a certain degree , tho same objection in principle to that power being lodged in an election committee .
Mr . TritxEK considered that the disfranchisement of the ancient freemen would be most prejudicial to the interests of the country . He was decidedly in favour of punishing the agents guilty of corrupt ; practices , but as to the declaration it should lmvo his most determined opposition . He moved that the bill be read a second time that day six months . Mr . CocKuiiitx supported the bill . Mr . Hkxlky seconded Mr . Turner ' s amendment , and , after a few observations in favour of tho measure , by Mr . S . Ciu \ vroi : i > and Mr . IIodosox , Mr . F . O' Gox . voit said the diseussion showed that the measure of tho hon . baronet , the member for Droitwich , would , in the long run , be a sort of conscience-refining bill . He agreed with the hon . member for Southampton , in thinking that all
questions having reference to the criminality of a member of the llouse , ought to be decided by a court of law . The hon . member for Montrose seemed to think that the electioneering agent or attoiney ought to bo severely punished , lut he appeared to forget the just and truthful legal maxim , Qui fwit per alium facit pcrst . ( Hear " hear . ) The member for Cockermouth had asked whether any honourable member of that llouse could lay his hand upon his heart and say that lie hail never been guilty of bribery ; but lie ( Mr . O'Connor ) had stood two so v ' ero contests for the county . of Cork , and he ueitliuasked any man for his vote , nor would he go to tho hustings until his electioneering expenses were paid b y the voters . A deputation of publicans had once waited upon him to ask whether , if returned , he
would undertake to pay the expenses incurred at the previous election by a right hon . baronet , tho then President of the Board of Controul —( loutl lailglltGl 1 )—whichCxpung * , iheluJiii £ the bribery nnd corruption of tho voters , amounted to at ' least . € 20 , 000 . Of course lie hail declined to comply with the request . ( " Hear , " and a laugh . ) He was glad that a distinction hs » d been drawn in the course of the debate between Jfottingham as it was and Nottingham as it is , for at the last general election himselt and his lion , colleague had been returned for that borough without either of them knowing that they had even been proposed as candidates . If the
cesspool of election was so muddy as described by some lion , members , he would purifv it by letting iu a fresh current . He would extend the franeliise , and thus render bribery too expensive a process . Sir J . Pakixutox replied , and the House divided , when the second reading was carried by a majority of thirty , the numbers being 110 to 80 . Lord Jonx Kcsskm ., in reply to Mr . Hcmk , on the subject of Colonial Lighthouses , said the subject was a practical one , and , therefore , he thought ' the opinions of those practically acquainted with tho subject should be made known preparatory to legislation . The House then adjourned at six o ' clock .
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— 1 ' FRENCH TRIALS . ( From Le Courrier de VEurope . ) Military Jurisdiction—Second Council of War—Insurrection of June—Murder of General Brea and Captain Mangin—Judgment , President . —Daix , have you anything to add to your defence ? Daix . [ n-iih energy ] Yes ; Daix shall speak for the salvation of his soul—for the sake of his conscience During forty-eight hours ol unheard of anxietyi Daix has protested againft the accusation of murdering an old general . I shall yet protest before you against this infamy . I am innocent ! Yfs ,
gentlemen , I am innocent ! I swear it by the grave of my father , ex-captain of the empire , and old soldier 0 / the Republic ; Yes I am innocent ! I shall swear it standing on the brink of my own grave—a crucifix in my hand , before God and man ! [ agitated ] —Ah ! brave and honourable General Brea , arise from thy tomb , and come like a guaidian angel , to crown my judges with truth and justice ! Come , and say to them , ' Daix is innocent ' . —Daix encouraged me nitli words of consolation '•—Daix said to me , ' the first ball shall be for me and not for you !' —at the last moment his body served me as a wall of protection ! ' Yes ; my brave general , thou wilt s ~; y truly ; and it was not until thy body was pierced
with bullets that I was forced to abandon thy defence , by the bayonets which stretehed me on the bed of earth . I do not demand pardon or indulgence—Daix is incapable of committing a crime ! I am innocent I Yet I am guilty—yes , guilty « f insurrection , and , for this crime condemn me 10 death —to the gallows—to perpetual or temporary imprisonment ! 1 shall undergo my sentence with counge—with eagerness . Go , gentlemen , pass sentence upon me ; I confide myself entirely to the honour of the tribunal . But , first . 1 consit-n to eternal misery those who have here raised ilieir perjured and sacrilegious hands against me , for their impure souls belor . g not to the skies !
Guillaume , Coutant , Beaude , Gern , Monis , Goui , Boulley , Paris , Quintin , Vappreaux , tenior , and Dugas , declared they had nothing further to urge in their defence . President . —And you , Lebelleguy ? Lehelleguv . —1 think that the Council should know that the sword of the general never having been plunged inta his body , I cannot be condemned for a crime which has not been committed . Presioent . —Chopart , have you anything further to add to your defence ?
Chopart — Gentlemen of the Council , after the eloquent and noble words of my devoted defender , little remains for me to say . At the solemn moment in which you go to decide upon ray fate , upon my life itself , I owe it to myself , 1 owe it to the principles I profess , to protest energetically against all participation on rcy part in the frightful drama of the barriere de Fontainebleau . It is wished to make people believe that it is a duty of the Socialist to assassinate the reactionaries ; the falling cause , here , gentlemen , is more than an error , it is a crime . Socialism—that is fraternity — is not assassination , it is not theft , it is not robbery ; shame to men so base and wicked as impute to us thoughts like
these ! We may be in error ; but our error proceeds only from loving and sympathetic hearts . Viewing the moral and physical degradation cf the working class—if it be a crime to ruminate on their regeneration—this crime I have often committed ; and my only regret is that of not having had talent enough to aggravate it , if I may thus express myself . I speak to you , gentlemen , as I would speak to God , the sovereign judge of all — although Socialist , being persuaded that it is Christianity—my band on my'heart , I declare gentlemen I took no part in the murder at the barriere de Fontainebleau . During that frightful day I dealt death to no one . 1 swear it by all that is held most sacred . On the
contrary , 1 lost twenty minutes during which I was attempting to save the life of one of my comrades . My conscience is at ease . It reproaches me with 11 . thing ; for me that is the chief thing . Ko ! I repeat it j I am not , and could not be an assassin . Do not think , gentlemen , that the lines which I read are designed to make you conceive a change in my position ; t ' aat is not the thought which dictated them . I demand neithefl ^ ity nor favour , I demand nothing but justice . If you believe me guilty of murdering a defenceless man , have no mercy upon me . I prefer death to dishonour ! But that will not prevent me from crying from the bottom of my heart , with ray last breath \ with energy ] * Vive la Republique !'
Next day Daix , Nourrit , Chopart , Larh , and Vappreaux , junior , were condemned to death . Miens , Gautron , and Lebelleguy were sentenced to perpetual imprisonment with hard work , by a majority of four to three , who voted for the punishment of death . Guillaume , Coutant , and Quintin were acquitted . A great many other prisoners were sentenced to different periods of banishment and imprisonjaent foi insurrection .
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Ancient Irish Cow . —A curious -silver coin , a halfpenny of King John , A . D . 1217 , was dug up , in the neighbourhood of Ncwry , a few days ago . It wei g hs about ten grains . On the pbverso is the head of the king , in a triangle , and the inscription " Johan Rex . " In the contro of the reverse thoro is a crescent and cross , in a triangle also , with the mint-master ' s name , " William on Dive . It is now in the possession of Mr . Corry , Post-office . — Newru Telegraph . , , , , A Smaut Place . - Tho Kmcierlockcr says — " East Albany is one of the smartest plaoes m the world Although thero are only ninety-nine women in tho placo ^ inety ^ ight Uiffi bftYO fc « a torn hero siaco tho 1 st w AF 4 ,.
Smgcrial Parliament.
Smgcrial parliament .
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^ Fkbkdaet SM 849 . _ ^ THE NORTHERN . STAR . 1
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Northern Star (1837-1852), Feb. 24, 1849, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct1511/page/7/
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