_"'-" * ' '1 ` B'""'*"" " "UV II III George, I couple of briggndu, g]: ' 7'3, `g, and nccording go tho Jnuthoriq qrn.i. ;.,_ A `B-oman citilcn `or Iemtor, I chant:-may M": sot am. at the Ian: ton of'lb[c'#enner sadly interferod with his akgtinroperaiom, but @933?" tub-Te::peeuaus`.':..n.u...,.., tlounnwould not be as faifin in pagan; . Z053". ` '00! I Venetian 1 Euiglu ` ""`*- ` 1"'1i[MI= -nd 1umrinu."d bomb Highhdder, and man: ju..s1.'.,. `.g..',.,,,., P1E0'rll0r fity, ale. Agony His comic was '0 Mslilh omitting: jaw rr`our_1I:o~'p:o.gn. Wall not an nnd- nnnilnlii '.....a..a ._`'- mm: "-9 -' -' ---------- --`----guns ulnvuug fur the carnival wiih Qrpot |g`1. [um]. 1&1! Gilli A`-nun. I-. `I..nV-'4 nIg.- L1_|._u_ _`,.._v. -- -iv. vunnuv Ivll I'll.- nity 01:: var; beggnly when tionuded of his qulrud Beg- gar And Down. by `no means eomilimoniuy _.1o3 the church I A lnnkIy`,-D "onldrlrih `hath- npnn, niufr PIUOII, "_'ir16u!bqliadividnal1," ad I h6"6f fuzzy cnnctv nude up der of thegahow. Abcmien o'oloo'f1lio ` it f_ncy' cutietv nude theguhow. About an o'o:oojtf11io `at. the muqtnlll; II Itshaigh, K_"_o.p audit. ~ M ~I-"v %%"7-- $1111. with no ' evinced t|:~onho,nt' I 1176: isarutfili 360:2. most of mgm ma." ` rung ma a.a.. ` gngter than it no ig 1837. ; =,gf3{" at The importmionjs It New York r tlndrhock mdinfltdty, weo3,B53,51$. at $2,500,000 were rordrygoodr. i - V` - The tonnage of the .UniIad 8tIuI,'_hiI.! eh1in`-" ed to much of late, that "it in noronly I xiii` Ivvnn null-u `IV!-IT, Hull 1' u*-e-`M use a-.gema;* .9-am-.-an-A -(I atlnnoinn M` ...nrn:\niAnI4-nu 4' Kath`- I"*` "-'-"J"'Q- if" lII(ID_ulU W`: well go: up and` avian: anti.` -m king of th Cannibal `m.m`josi An-indiu min `II? lh Djfnivni 1': -1-aL__!_ L a - - -. nu. um ummu mm. carpet ugh Innd, lnhellod `with a `cut, in info pun, highly eqmmgndllil in bi: nun misty. `j/High and Low church were rgpreleutud, and 11:9 for:_ner'npo1i' lacing lonished IPGQJQIOH I0 Iflfthllll n':i|-in-urn`. of ' :' ' "2-":""""T-' """-' I" `f'"".' 'P!=1MrI the -t-tdinz sppu-scion or I. 8`n; '53: `ha th 10W ch:-iul dit- it! tllmdd out n; van hm-gt. .H.:`.` =_..-_.. ism! Pfa.i:{'i 1-n_=;~`_;" s-saua uauuu uu JJIIAU DUPCTIOT. Rblnghtef). Mr Blake said, if the hon. gentleman re- ` tainedotce so long, he would have given 1 - ear.) He appealed to his friends around them a away bv that time to the Georgian Bay Canal Company. This was a grave subject, and heiimplored the House to con- sider the principles which underlaid it. They were asked, without s.ny__pt-oteuce that it was for the public good, to take away from them the property of thesetehildren, and to give it to their mother. The stand- ing laws secured it to these children. Let the standing laws provide for all such cases. If they were wrong, let then: be altered for the future. but don t alter them for the past, so as to takefrom any one what was his property. and give it to another. (Hear, him, tbs Liberal party, the representatives and descendants of those who had obtained liberal institutions for England and for the eountry-hn appealed to his hon. friends of the Conservative party, who were supposed to be pulous about maintaining. wasted irighlts, (2%. tg be oonservarlilve of the stand- u awso t ecoun w owerssnpposed togdeaire um the atghsi framework of society should belmaintainod without need- less innovationa-he appealed to both sides l of the House, and to all hon. members with- out distinotion of party, to determine ol__oa for all that they should not set the exam? of special, rstroactiye legislation, of so oh- I...:._ -L New Wi New Way! Nw New Ldvenderi 9n9;r,B`h ' `uI:|paa._mr` w.< ` nun: -snip-M: Y mucas aoalqw m 1-,% ...... 5116:: no Iucu IUULUCT or any 008 else! Then, as to the consent of the parties inter- ested, it was impossible to obtain it in this case, because four or ve ofthe children were infants, and it would be impos- sible to obtain from them any con- sent that would be binding , in law. There must have been thou sands of cases in England, in which the property had passed contrary to what was said to he the intention of the testator, to theheirs-at-law : and be challenged the promoter ot'.the Bill to show a single in- s'anco in which the British Parliameughnd interfered, under such circumstances`, to take it away from the hirs-at-law. (Hear. hear.) He would ask, therefore, what stronger authority he could adduce in sup- port of the proposi_tion which he uuhesite- tingly laid down. that this B;ll was oppos- ed both to the theory and the practice of the British Constitution. Mr Blake pro- ceeded to show that the same principles had been recognized as sacred and lnvio- lsble in the Constitution of the United States, pnd in the various State Constitu- tions, the various Constitutions which Fr e had received at diercnt pe- riods of her histor ; and asserted the pro- position that the niveraal sense of man- ltind-ths practice of England, France and the United States being samples of all the reit-wu opposed to special-and retroactive laws on the subject _of property. He went on tp urge, that, as in this country, we were beginning the operation ofa new state of things, under a system of Government extremely novel, with `a single chamber only, we should not look to what might have been done by the old Parliament of Canada-although he held" that nothing so iniquitous as this had ever been done by the old Parliament of Canada-but should adhere to the principles which had ever been used as the safeguard of our liberties and maintain them with a rm hand against `all aggression. (Heanhear). Our dearest right was that we should hav re- gulated standing laws administered byjust and impartial magistrates, an that our civil and our personal rights might be duly guarded. `The instant they deprived any one of those rights, they committed a crime against that person. Whsthe complained of here was, that it was proposed that they should deprive these children without their conseut-fot`-..they could not content; -of what according to the standing '_law they were entitled to, and give it to another. Suppose that Lady Smith should squander this property, should choose to give it. for example, to one of these elder children- and suppose that one of the younger child- ren when he came to man's estate should come to this Legislature and say-- My father willed to his widow certain proper- ty ; another part he did not will, and it de- scended to his children ; a share belonged to me; it was mine ; I was entitled to it; no power of magistrate, or judges, or of standing law, could take it from me; you took it away from me ; you, who wcre,sent there to be the guardians of my rights, be- trayed them, when I was helpless and nu- able to speak tor myself. It has been lost to me through your action, and I ask for compensation. An: J1.-. Mm-..a.......t.a 1-Ir- _ -- SP3 E VVIII IJDCIUIWII-In Atty.-Gen. Macdona1d- We would give perior. (Laughter). e hon. anntlpm... .. _._ ,__._. V -_._u. .. ,_, ' tion in te way of _Igii'hon. frien fl"-3 hill, he felt bound to movaut the Bill be not now read an-cnnd tints; but that it be read in second time lhildny six months. (Cheers). I I-Inn` Mr Pnmnnm had run rlnnht than ` DC`-l"|l\-I IIIIJU IIII-I-I 3|; uuruLuu- \\JucI.u II}. Hon. Mr Cameron had no doubt the House had been very much edied by the learned, able and elaborate address of the member for South Bruce. But the honour- able gentleman had eetubliehed nothing that was not well" understood by every member of the House, that the rights of property were cured. But the bill was ~ not designed to a'ect these. Its object was not to change the luv of the land, do A an injury, or deprive any one of property." But its object was to enable these children- as they stated in their petition to the Hons:-.-to carry out the will of their father, and vast the property in their mother. It would be well if the gentleman opposite claiming to belong to the liberal party -had been as careful of private rights long ago when that great not of epolintion, the Clergy Reserves secularization, was accom- plished. (Hear, hear). He almost doubt- ed his senses, in finding himself there the advocate of those under a2e-the main- tainer of their ri::hta-while the member for South Bruce, the enlightened Liberal, sat opposite and urged on Conservatives and Liberals to an act which would reelly be one of spolintion. It was to be feered the principles of the hon. member opposite did not square well with his acts. (Hear, hear.) The Secretary having read the peti- tinn shnwinrr none nf tlmn I-lltlr-an and their uaunma -IOITRIAL ...-...,. uuu -r-an 1: wound be well for the coun- try to know the! they I in molt use: have been owing to those` charge of the eesee. (Hear, beer.) ` " ` Ir ulldil also explained that in speaking ' of that court. he pad merely ellnded to the pro- cedure and not to the judgel. ` ` 4 Hr Fen-ier could not vote for th bill,` believ- ing it would furnieh e. dengeroee preeihnt. wild exu-eugeet we]. It would bee` I x if such statements were to go forth , Vt pro- `tut. With reference to man! before t_he _ nee. Ir Boyd entered in e lengthy Itelemee! hie Denote for oppqeiug It. In sum com) cited the nine or tn. mo \ Eon. E. Haney, in which He wife, on Me de- ceue, wee empowered to sell end diepoee ofhie ` PFOPOPIJ cannery to the express previeionn of the will-il being deemed belt by the Lagigjg. . sure that due should be enabled to do en. T wete eleo other similar an-e mm .1: _._. -e ., OOH uu uuuvr Illa Wlll. Dr lcGill acid the! val ll eddltionel ergo- ment. He hoped the House would leeve the. matter in her hsndl. Hon Hr Wood took occasion to any in refer- ence to the Oonrtof Cbenoeryn his judglllint there was not 1. better or more expeditious court in the land; `and of the judges in the! court had the Oommbn Lew Ooune they,uOInu&la u|, might well be proud. In the Court of Chancery,` M he might further explnin that a unit could be pushed fonutd therrn rapidly in almost every instance an In the Oonmon Law Courts; end if deleys Izod nrinen it would be well for try they mum in nan-9 ...... ---- an. an .} I UV IJCUIULIII lllIVlll}." TCBU IUU Phil tinn showing ages of the children and their desire to place the management of her late hushsnd s estate in her hauds--wentpn to state that the will was made in the memor- able yearnf 1837, and that Sir Henry Smith, according to the statement of all who knew him, believed that this will was snlcient. to pass all his property to his wife at the time of his death. And he (the Secretary) would state further, that if theiwill were not held to cover this ground, then all those having claims against the cstateethose, to further whose interests the deceased lied advanced money and had taken out the instruments in his own nan1e-woul(l have to seek re-` dress in the Court of Chancery. Besides, the hon. gentleman, as a lawyer, oughtto know that there was a decision, a few months before the death of Sirenry Smith, that such a will did extend to property ac- quired after. Whether that decision would he sustained or not, he could not say. But the fact of that decision taking place at that time indicates that the impression was abroad in the land that such a will as this would carry all the aft_er acquired property of the devisor. - ll-`Di-I- -._a,.a.1_ .1 `-1 men-runs, opposed me blil. Mr Lander Itnted that having heard Whnt had I been aid by the late partner of Sir Henry Smith, be (Mr Lander) had become convinced that it was by far the best course to take that propo3- ed by the bill Therefore he would vote for it. The arguments of the (member for South Bruce were the nrgtunenu of the old Toriesindnys gone by, enl if pushed to their legitimate con- clusion, would work dinner. in the Province. "The course ndvoented by the member would, in reality, throw the comic into the bottomless pit of the Court of Olnnoery. ` -Attorney-Generul lnodonnld rose to explain that in rpr-skin; again! the Court of Ohnneery he had no intention of n_li_ghting the judges of e|.-e .._-- l"l- l 9!` ` -u out: uuun Ul Ulllfy. nlighting that court. He had the highon eueem for them, but he bud no nlbh for the mode of procedure in that court. I I'\... 11-1131. , an .. , --A I Ill null IDDUTI Dr lloeill eeid thet while the member for South Bruce wee discounting eo leernedly, he (McGill) had been carried ewe_v with the argu- ment, and could not see how I ew could be picked in it; but when the hon. the Secretary opened up the case, he (llcGill) new the matter in A very dilferent light. (Laughter-.) `He was convinced thet Ledy Smith ~ was l not only the proper person to manege that eetete, but wet" the very beet thet could be found. Even if nhe were not invented withthie legnl power, Ihe would virtually be the manger of it. Attorney-General Meodonnld--She is execu- trix under the will. n. Il..11:n -_:.n .|_-4 _ V --- - ,...u,.n:u., n um mu um um. (axe enect. Mr Calvin rose in answer to inquiries and said that he believed the property would unquestionably be best. in Lady Smith : hands. r'__ `.77,-ft . . .- - nun U5. Hon. Mr Richards would vote for the ne- .cond reading. - Hon. Mr Wood took the same ground. Attorney-General Macdouald said he did not hear the- very elaborate and able speech of the `member for South Bruce. With that hon. gentleman s main princi- ples the House _would agree. But what was the state of the case here ? A. gentle- man of considerable legal abilities makes I .Will in 1837. no doubtgfrom alluccounls, ` intending that his wife ahouldxhnve the mgement of all his property. And was it not desirable that it should be 30? Was it desirable that this property, much of which might be wild lands, should be ' thrown into the Court of Chancery, and lie for years, getting annually overburdened with taxes? ' . Mr Blalre-'l'be hon. gentleman knows the Court of` Chancery could set'Je the matter in four months. ` A on-.-__:- (\.._..AI 1:, ,3 - - - -u_y uuuu \IC\.l3lUI.I- 7 Hon. Mr Cameron said that the hon. gen- tleman ought to know it. Under the cir- cumstances, Sir Henry having made no change in the will, reaily made no provi- sion for his wife at all. His business part- ner states it to have been Sir Henry : opin- ion that this will passed all his property- and the House was here asked to legislate? so as to make that will hunt: ih. .4=r..-. nuns u.IUIJ\|.|U. Attorney-Genenl lncdonnld thought it would be more likely four years. Believing he was do- ing nothing wrong, but anointing. tho chiidren I0 lbe'pI.lrinIony their father designed for them, he would vote for the measure. "I ununnriah A-ni-.4! .- _:-_ - - - ` uw wuuuu vuu: l.U.l' H10 IIICIIUYU. Mr llcllnrrich desired to give I reason for le- eonding theemendment. He had liutened with great sntisfiction to the clenr arguments of the member for South Bruce, end these arguments were unanswered and unanawersble. The diffi- culty might be obviated by making Lady Smith the trustee for the children. But that was not what was wanted. He maintained that u this bill took the property nbeolutely from these minors and vested it in Lady Smith, that that wee not for the interest of the children. He, therefore, opposed the biil. Hr Lander lllnln eh-e |...:._L.._: -- - - -` __._ ..... --.....;.., mm uulu uuuru LU legislate make that will have the effect which the man making it thought it would have : and was asked to do this by the very children jvho would become owners of that property if the hill did not take eifect. Nlr f`u|vn Inns; in --.-.2-.. L- :_-.-,i, i -UL luc LICYIBUI. Mr Blake stated thu|:-he did not kliovr of any such decision. H.-..-. \l- n.......-.._ -..:.a H.-. u - I had dealings and whose estates were in his C hands. would be amply provided for. But ' let not that which belonged to the children, according to the law of the land, In taken from them and given to the widow, or to anybody else. This Bill did not propose that the property should he veetedin Lady Smith. to be held in trust. for those to whom. by law it belonged. but it handed overtlte property ofthe children ah- ` ( eolutely in such a way that, if given to her V to-day, she might. convey it to-morrow to : whom she would. She might contract l new relations in life, and withhold it from R the children altogether. No case had been-[ made out for such an interposition on the part of the Legislature. The alleged this- take was purely speculative aud`cunjectu- 1 F ral. It was said to have been Sir Henry | Smith's opinion that,the. t.-Eect of his will i I was to give all his property to his wife. As l] to this he (Mr-Blake) would only say that Dome months before his deceasc a formal decision was given by one of the Superior Courts entirely at variance with that opin- ion. His (Mr _Blake`s) Bill was referred to ` as an authority iorsuch legislation; because, in terms taken l-rotn an English Bill, it pro- 1 vided that the will of ,the testator should l y `l s t i l l l \ be regarded as speaking from the tithe of 1 his death. But there was this important distinction, that it did not provide for at - ilecting the will of any person dead before i the passage of it. No one was bold enough ! to propose that it shoultl have a retro- active eifect, or that it should alter the will of any dead man. He ventured to say that there were hundreds of wills of this character through the country, in which the same words as in this will, or words i like them. were used, and with reference to which it might be as strongly contended ' that the intention of the testamr was. that the estate acquired subsequently to the making of `the will should pass to the dc- visee; andthut the Legislature, tlit-.rt:i'-ire, should interfere to carry out tbit intention, and take the property from those to whom the law gave it, ttntl hand it over to aomc- ` - body else. There were hundreds of cases, too, in which what was clearly- the in- tention of theitestamr, could not by law be carried out, by reason of a defect in the at- testation. In those CIS'1_I much stronger ` argument for the Interference of the Legisla~ ture could be jnade than in the present case. And he `fwarned the House that the e'ect of such -`legislation us was now proposed, would be to bring upon them a ood of ap-`- plications for special legislstien-objec- onable because ietroactive. and becnuae it would shake the security which sur- rounded property, and would make the action of the House, which ought to be the guardian of the people- s rights, a sou tee of instability and insecurity. He had poiuzed out that there was no special ground why this case should be treated as an exception to the general rule. and he therefore came to the conclusion that they had to consider this Bill on the general principels applica- ble to Private Bill legislation. He called tipon the promoter of the Bill to produce it single authority from _ the records of the British Parliament for legislation of this description -a single instance in which it had been enacted what was the property of A under law of the land should be transfer- red to Bwithout consideration and without conipe_nsation'--a `single instance in which a will that was dead was made to live, in H order that the heir-at_-law should not take the property, but that the devises should. He maintained that the principle on which alolte this bill could be dafended-that this House were to set themselves np'as correc- tnn of mistakes, as the expoundsrs of the intentions of pie who were beyond the reach of recti ying their mistakes, and as the alterers of the standing laws on the sub-` ject of property-t.hat that principle was a. den us encroachment on the principles oi` oi ' liberty which we enjoyed. and which endeared us to the Constitution under which we lived. (Choc:-e.)_ It was unfortunate that there should be a necessity, in this Rules, `of reverting to rst principles. But he might as well, once for all, venture to point out to the House what theee.princi- plu were, and how the were infrin ed up- on by measures ofthisdeacri don. e pro- posed togdo so. because he elt strongly on the subject, and because he felt that unless they paused in the course on which they were entering, they should do themselves mt discredit, and the country which they coI_ne here to s`rv_e,` a lasting injury. He desired, therefore, to point out what it ` rglly was on which the objection to special and ` in legislation of this kind was based, the importance they ought to at- tach to that objection. _Tliore was a very important distsnction, and a distinction which underlaid this whole question, between the ancient and the modern ideas of libert . Theancientides. oflibertywasbasedon t e petition that the State was the rst object; to he i citizen was the distinction of a man; individual rights were merged in those -of citisenehi . The establishment and 1nalntaeuanoe_o? the State being con`- . sidired the primary object,_the individual rights asd capacities of the "man were con- lislltnll nines-alt -1 a nan--an en bl... .._A ..t _- DAILY NEWS--WEDNESDAY EVENING. JANUARY 13- ad _on And duh n exuptionnl. _ . only the qther dny Lleuliinui-Go __ r of Ontario uunud lo 1 bill, thqptinclplo ` which, It all events. In that all re|l`proport["I.lcld M the period of the toIlIIor'l| death nhonldho held to be included in the vial. n-L- l':l..-.-- .L-.. .u_:.I-.I __ -1.- -.-_--:l-u-.-J `Hlcll WII` HI. I Bill, 5|. ; lliyl, DO. Yen-IleurI Baxter, Benny, Blake. Boyd, Ohrlotie, Oh.-mans, Cockburp, Oolqnhoup,Bvnna% , Yerrler, Fltuiminonl, Fisher, Gu1bniIh,'Greely, I Mcbougall, Icliellnr, llcliim, Ilclunich, Oli-_ : var, Pu-doe, Perry, Read, Rykert, Sexton. 3?! clnir, Smith (Kent), Saint (Iiddluex), Spdngqr, Bwlnuton, Trot, William: (Hamilton). .. Nnv|-|In -rn R1:-hnr Rnnlmr. Faith). Gama- I-U IX IIICIUUPU In IIIU Will`. The House then divided on the ntnndment, which wu_ Ion. You, 31 ; naya, 33. VQIIJAQQCQ llnvfnu Ann! Rlnlrn Rnrd. $W|WCI|UII' LIV , Wlhi. `Qllllllllfn Nnyn-k-Ilehrn Bu-bar, Bqnlm-, Calvin, Osma- ron, Curling, Carnogle, Oorhy. Craig (Glou- tutry), Craig (Bacall), Crosby, Currie, Cnrhng (Huron). Eyrr, Gnhume (Hastings). Lander, Lllfmllcdouald, Mucbou, Ilc0dl (Norfolk), M63011 (Ektin), IlcGiI1, P_ax:on,`Richai-ds, Scott (Ottawa), Sacord, Smith (Leeds nxd Granviile), Stnnge, Supple, 'l`en,Wig1e,Wlll'mma(Durham), I Walton, Wood. ~ 7 Th: hi" 3-. IL-n -.-(I n nhnnnrl Huh: I -----rvv vv uuov ll hasty leginlntion. `A ____ __ ,,_,-.......J nan nus. nature 15 B: i good deal of honesty of purpose embodied in the membership of the Assembly; but there is a self-condence on the part of many members transcending for their abili_ ties. There are others who take almost everything for granted, lhd are unable to bring either general principles or particular , information to bear upon questions which come up before the House. Then there is the Premier, who is very urgent that busi- . ness should be despatched rapidly, in order - that the House may he prorogued and the expenses of the session curtailed. We do not blame him for taking this course, though if pushed unsdvisedly, it is,calculs.ted to in- terfere with our liberties. But there are I several matters whichwonld be all the bet- ter to be laid over till another session, and the Premier would be justied in bringing about their delay by closing the session. If _ theimeasures relative to education, including under this geners.l'_terIn the numerous bills relating to the common schools and grammar schools, and the medical bill, were allowed to. go before thepeople during the vacation, they might be passed in a more satisfactory ` and permanent shape next session. In fact, the postponement of more important mes- ' sures from one session to another would in effect create a second Honse-the le at large ---whose verdict would be most valu- able. We should get in this way an inex- pensive Benste, but one of the greatest next; a_nd`we may anticipate that the de-` mand growing up for 3 second House will be stilled and satised; else the public `in: soon insist upon the establishment `of a__' Senate whose dut it will be to cheek hnntv l....:.1-.:.._ ` IETEOROLOGIGAE OBSERVATIONS FOR. THE WEEK ENDING JAN. 9,1869. Sunday. . . IIgndny.. . Tuesday. . Wduesdy . Thursday . Friday . . . Saturday. . ldillurluuu uu Inna UIYII. LJW, to -`how and not to put inure- 'j. Bil Chin. After all, should we mo Monllnll -turn for the ruin who .30 y I We nhouldtummi `ed Ilj --*-:.-.':.~:....,..`-I-'-M-==---A L and anions. than gem-nmouu 5... ' of (radon: in the pie, .1 --*"I"-'-`-- '*.:.'.:.'* ";.::~"*-'21 --4...--._._... .... ......u? ...:."'E.t=: The necessity for a second House to serve as a watch and `check upon the Legislative Assembly is now becoming apparent in Ontario. Our people acquiesced the more .readily in the proposition for a single House on the score of economy; but now that ex- command of the Province are suiciently ample for our moderate wants, the addi- tional expense of a Senate will not be be- grndged to secnrethe advantages which an Upper House is calculated to abrd. There is a dangerous risk of legislation being made `too cheap. If it crude; if it be incon- siderately and hastily passed ; if it disregard solemn rights and sacred interests, it will befdearly purchased, no matter that the ma- chinery may be proclaimed as the most economical that can be desired. A low priced but defective machine cannot be ac- counted cheap. The merit of an apparatus is measured by its eiciency, not by its low ` ness of price. Can it be said that the Legis- lative Assembly of Ontario, as at present constituted, is as etlicient as it ought to be? Has it got within itsjrells the concentrated essence of all the talents withinrthe Pro- vince? It certainly has not. There is al onnrl A-In-1 ll: l........A- .1 A- V 2 - -- - perienoe has proved that the means at he .- GOIHIG WIIT. 450 p.m. 5 :40 n.m. Mixed lain 10:00 I. In. 519 u ~ 1 u at 7:00 n [This in by Montrul time, from which deduct 12; minutes for the dilference bavtween Montreal nnd Kingston time?! _ J? II t 01 IVIRY DISCBIPTIOX Executed neatly, chesply, nnd expeditiously :- the DAILY NEWS JOB PRINTIB-'G-0FFICE. I Trams artivo and depart from the Kingalbn -Station II follows : 2:l0 am. f"S`Ingle copies of the Cnnozuonn up Nnws, containing the news of the week, may be had in wrappers for mailing. Price 3d. each, issued every Friday. orunr IV nnnun 3.: '1 `U nu u- H;--4_u vw us...` an. AINEIXDOUS com.-uummuona Ell: l'80'4V2 IID Ineutlou Ever lmn-,2 Iurwnrded forinsoruon must be accoun- pulalbyiuo nuno and address or the writer; not neoessnrily fur publication, but as evldeuce of ;:u- theniicily It is alsu reques-ed that currupondenta ` I'i.'lIJ1lI, w.-itean out side of the sheet of paper. We cannot unIcri.=.ko to return reiecwd (:omn1uuicat.oIl. hii COPIES of the Dun Nun any be had :1 the counter of the publication oiea, Prin- cess street. Price three copperu. Q Remember to pay your Water Ac- cdunt by the 15th and nave the discount. The bill um than ma . in-cond ting. uuuuuuxnaui. nut, H1 me modern Idea. of li , it wee the rights of men, as indi- vidn that were considered as the end for vernmente were A-eetebliehed. alu- Itead ofthe right: and the capacities of the man being a menu: to the establishment and xnaintenence of the State, the State itself was eetabliahed and maintained for the_pl;Ir- poee of securing the individual rights of man. What were thoee ri hte? Freedom of person, of roperty, an t of opinion. He need not say t one of the greatest causes which contributed to thinchenge in the idea. _ of whet constituted liberty was the mere] grad of Christianity, which had e evated _ e individual poeition of " the man, in com- ' nwith thexoeition of Stete or polity. maxing I0, ey had to eonaider what modern eiril liberty win. It was really in the main. for ractieal pnrpoeee, at retoo- tion, cheek. en guarantee against In: no in- terterenoe with rights, whether` by indi- vidnele. Inaeeea, or governtnente; and of eouree the higlllzegt d of modern liberty l was that whic Eve e greatest amount of protection and check: against undue in. ihfflfct theee W911, pmtgc. tinn tor the rights of property wuona oftho _ntoet not-ed rights we could have. It pg hardly ae_eond to liberty of opinion in the gum-al Judgment of manhnd. on ghi. faint, the Importance of the right: of pr`- , I Blake noted a Itnhn pauagg has Birr JIIIOI anhintoeh, ang gnothop ou Hon nieu'a Spirit of the Igwg, .34 .541 the ' toned doetrinea held by theee glut union entireiy forbade the paggggg of u e WEDNESDAY EVENING, JAN. 13'" ...__..--.._.j_______. if SEE FIRST PA GE. KINGSTON oBs1m_ V21 1'01: 1 . N. F. DUPUIE, A.M., Observer. numnnrrn. ` ` ..-- counu-run ton 32 o 'I`raveIIeru Guidq; > IIUI-'B K4131 - l:30 p In. `Mixed trnin 3:15 tun. 1:50 6:20 .---__ j.- TU (Mi-{1u:.S! U.\'DE.\' ES. v-rninxou- } _ pnnnpofrotronguve ngegnl luu. H: chmquoud the Juatmun Code, .1 In. authorities on the Civil Law. to how that Cu; in 3-5-- ` n---uE.aou'oJJ ll 35.oI3s..o':37.a 34.o36.o{37.o 29.532.5+33.o 33_o37.53s.5 31.5$a7.o39.5 35.5 37.o.u.,o a.'a.u 33.5 25.0 27.5 1 am. Bose, Annie 0'Lougl:lin, aw . Iona;-` I all, Ilgdnlcno Alonnder! _ 1 - - - ` FROM f13_1i1'nEAL ET _ Montreal. Jon. 13.-'I`he decision "of _lhe, Ecleointical Council at Rome with rupact M I tn the divisioh of the parish of Mdmrenl is I said to be adverse to the retenaion of the lummlic Bishop of Montreal, Ind hence 1 His journey to Rome,where it is reportod, he i will be permanently |tatio,ncd. ` ` 11... A `I -__ 17-..-.. In l"LJn 5:-unlgnp it?` money. unuu.u.J. An illicit. still was seized yesterday in Aqueduct street, on the premises of John` Camnsn. win: one run -nu-uvu-g ...... ---. One of Law, Young & Co's..jun!or clerks 1 has cleared off with a. considerable In of ' VIII Ilaaluuo Much enthusiasm prevailed It the public mueting, respecting the Northern Coloniza- tiun runway, and resolutions were adopted - to cn,rry'uut the project. A I A ,._A,,,_ .1.-. r|-_..-.......-..u- luv \-u-nu] v-- v__ r.vJ..--. The Gazette announcesthat Government` I intend go erect nu. new gaol in Montreal. nguu suu uupumuul 01 me man con- Iidorod simply I: ; mean: to the end of ac- eoln shing tint object This. in some of the steak republics, resulted in the adoption to I. oontidanblo extent of the principle of But, in the modern idea of III:-on-n he -mg +1.- .:..I.a-. ..r ..-_ -- :_.1- i ELEOTIONSFOB 5 011001, TB Us TERS.+ nu pugs an_un_a uncut a few in thebottingoeilin Pub, and books and papers. The nnnusl elections for a trustee for each ward came 0! to-day (Wednesday), and the public interest exhibited was far stronger thnn that which in displayed at the elections for Aldermen of the city, a fact which demonstrates beyond doubt that the inhabitant! of the city nre becoming more and more alive to the grsve importance attaching to the quention of popu- lnr education. The results of to-day : elections are quite Ielinfnctoryr, and although good`mem- L-.. I. . _ _ _ _ -:__.l 1.-.. `L- rI,1_,I n , -_- _....,.....w nu ma mgnelt position un- der the School Bond of this` city bu bin the natural ueqnonco and jqat, nwnrd of that con- lcianlioulncu, integrity, V venues in the discharge of duqwhich hai_|voT ehmeauiua you. In cotiolnuhn in nu ma: regard, nnd esteem for you, Tu-mroxui..-Un w..5..a.y, the inn ins/1`. tho teachers and pupils "of the 19 School preoanted their mo principal I: J Scott, with a handsome edition of Shakespeare, the Waverley Novaln, nod `loo:-e aP` ticnl Works, in nine volumes, with the Inbjoinod ad- hnipn Street dreas:-"lr Jame: Scott--Den-~ Sir: We, tho pupils and tuchors of Johnson Slnot be; your acceptance of the Accompanying volume: as I amnll token of our nppreeintion, And of our regret 1! your depnrtm`-a. We, no pupils, the kind, faithful, impnrtlnl, nnd very oobnt manner lrfwhich you hive ever diunhnrged youth pnrduou duties on our teacher; whila no tehubot-I In units in tandering you our cinema that: for_ the kindneu and sympathy, the cordial oo-opo;n. Kuos-I-or Hon-1-nn.-Tho Steward of the Kingston Hospital thankfully acknowledge: the receipt of the folloivinidoontiobl: From Prio- cipll Snodg-mu, 1 one of boon; J. Nimmo, Camden, 1 areas, 63 lb mutton; J . 8 W. EL lion, 1 do. ; S. H. Blondbeim, 1 quantity of sh; J. J. Linlbn, 1 pair of lreuelo nod ti number of packages of linen from the lulled. FrojII_HoIarI HcKe1vey & Bin.-.h,a. patentair heater. Amount of contents of the hospital boxes ; from the Roy- al ail Line of stenmerl, $21 67; Hours !'n-' 361' & George 84 50 ;_Bank B.N.Amex-ics S3 B5 ; J. Creighton $12 05; Burnett House 32 17; B. American hotel sauna; Horchnnu Bank boctc; J. Ourutberi & 00.36 23; Trust 8 Loan 00, Royal 0. Bank :2 F; Kingston Pout ooo inc berelhevov iron the School Bond, de-I clining n re-election, it is n matter of congratu- lntian that the choice of the electors has fallen upon men equally eligible to replace them. The piincipnl contest was conned lo Rideen end 1 l Catarequi Words for the seats of the retiring members, Mr J. V._Bnrton and Dr. Fenwick, who declined to come forward again. In the first word four candidates were nominated, Mr W. H. Savage, Mr Thomas llecren, Dr. S. H. Fee end Mr G. Berna; the letter, however, with- drew at an early sage of Ibo prooeedingi. Hr Wm. Draper end Mr Wm. Anglia contested Cutraqoi Word, and the friend: of each strain ed every nerve for the election of their reupective evom-hes, hnt it eootbeonnzie evident who was the favourite with the} eleotors, and by one :o clock the content hnd einunened down to : very oneaided nalr. The follgvring shown-the` nal room! of the dey'e proceedings : f'\..._....- `I7.-- I1- nn___. _ 3,, u Onnue` Hon.-The Eadie; of the Orphans Home Committee thuokfully acknowledge the following preeenu: Ir. llu-io.:, 1 qt. mutton end my cents; Ir llcutchon, I beg turnip, 1 bag potatoes; Hr Aye:-st, 1} bush turnipi, 2 bush potatoes; Mn 1`. Hendry, who and nond- wichee; Mrs Ninuno, 34 pro Itockiuga; Young Hen : Oh:-`mien Auoeietion, coke and too; In P. Gray, cake; Ir B. Obown, I bozral Ipplel; Mr Craig, 3 coke; In Hamilton, qr. mutlon; In Gibson, 3 cake; Ir Hnycock, hag oTapplee, Hr I[cRae, box crackers, prunes, sugar and spice; Hr Nimmo, carcue, of mntton;'ilre lee- noe,three pieeu priut.-Anrn luoxuuon, Bee- raurv. - * ,._i _. -. nanny Q5 illj Custom B one $1 97. ' ..__ _.-J _ r--.___-_.- . . Ollftznilt 'Wn.p-lt Thoma Conley return ed without opposition. 87!)!!!`-IA]! 'WAnn_M'- Wm Il..D..g.:- ..' cu wuuuut UIJIIUIILIUII. Smnnun Wuu>-Mr Wm. lcBonie. re." turned without oppoaizion. H1` Lnwnunn-In wants In o|.:- --_.I 51.-.. vnlu mg uppounuu 10 In: return In III` A. UDOWII. V10-ronu WAG-Hr D. Cunninghnn In; re elected, his opponent Mr Ilcliensie retiring be- fore eleven o clock, and I0 noon at it nocnlne evident to him that Ibo wishes of the elector: favoured HI Cunningham : return. . Fimi-Minn W nan_|l.- 11'.-n Inna- '...-|-..- u-_ uuuancu nu uuuulugulllll ftlllrll. Fnotmuuo Wum--Mr Wm. Ilauie replaces Mr G" S. Hobart, who declined re-nominstion for but withdrew st an early hour. Rmnu W;nn-'llr Mccrn.-, wu nally elect- ed for this ward by n mnjorily of 58`over hi: opponents. - CATARAQUI WAnn--The choice of the electors fell upon Mr Draper, who wu ultimately re- turned by 1 tmjority of 22. this ward. Mr O. Uohuatou wualno nominated, I Tu Puurnns Goxcnr AID Coxninntoxib -We (all public nttention to this entertain- Imam, which tekele place this evening in the City Hall. livery effort ha been made to make the pragramma of the`evenlng u vuiod and pleasing as possible. and we feel cerhin that all who participate will be perfectly ntinod:with the relult. The doors will be open at Ievgn o cl~ock. ` _I.urucI.l wuuuut -Uppollilll. 81'. Lnnzncn Wum--In this ward there was 1:9 oppoailion to the return of II: A. Chown. 'Vvn-I-nnu lITu:n;l. h I`!-u--:_..L..- ___- __' , KIIGHTOI '8-...-o-_ rt--. o. . .- mega; `N.-mn:...s_ tonpiul boxes; runeu, Fru- );_Bank 65; )5; ` J80; Engtlo-'I"--A-L ' ` Tm: 1l'A_3UE1UADl'V"lT~ my .814 1'.- ING` RENE" - u, we `rho fney__ueII an on on Tug- " -day cvoningl the Sim!` ~Blnk,VK|u Bmot, P` and the pnnumenc Ind every to eon- ; "1 i gntulste-thcmuglvu upoutho attainment of g f "3 `colnplllo menu. Tho scone npo the in was - h gxceodiugly 3:) and brilliant, and would In was P9` "Kain |i`;ruiiTi'Iypic1a`:i`-i?iri;"b'y`*iIig` T ' qonbimtion of colour: sud costumes, 3 very [Ill thing on occisionl of tho kipd, but for the unfor- Inn tunglojprepondoraneaof lII`ow_|~_]`_|_|xW-`Klan ta:-lmy, when hideous ash, with lkll L---` 4... -1..-nan-5.] Inc an I-A23. ` autl IIIUU UI UIVII Jvernmeut, \ The land of old and just renown, 1` i Where freedom broadened slowly down, -I1 I From precedent to precedent." II V 1 (Cheers) There we must. get our example. i , 'l`liencn we should draw our light. We ' ` 3 hould turn to the Great Charter, the'Peti- l ' ' tion of Rights, and to those enactment which : l I I l l `with the Bill of Rights," had been called l the Bible of the English Constitution. Mr Blake proceeded to quote from Magna Charts: the declaration that no freeman r V 1 shall be (li-tseized of his property, except 1 by the lawful Judgment of his peers, or-the 1 law of the land ;" and said thattheae words had, in the course of English history-sh F important were they reckoned-boen re-eti- . acted-in substance more than twenty times. r He then quoted from Brampton, one of the ' greatest. exponents of the English law, the l i dictum that a new provision must give the law to future transactions, and not to those` i that are past and said it had always been f the practice of the English courts, wher- I ever practicablg, to determine, in accordance with this principle, that no Act of Parlia- . ment was retroactive, He might be told 8 I that Magma Charts, the Bill of Rights, and the statutes founded on them, had re- ] 1 ft.-rence only to the king, and were intend- ` cd tn fence us against the power of the ` Crown. It was true this was their primary object; but these stntuesdeclared general principles, such as that no freeman should he dis-seized or disinlierited, except by judgment of his peers, or duecourae of law; anal if it were wrong for the King to vio- ilate this principle, it would be equally wrong forpParliatnent to do so. (Hear. hear.) He maintained then that it was impossible for Parliament, consistent with these principles, to take away the private _ rights of any individual in property. In , England every Estate Bill, whether intro- ` (l|]Ct.`(l itttn. the Lords or Commons, had to go to the House of Lords; and by a. standing rule of that body, it had to be re- ferred to two of the Judges for their report, whether on the facts, as stated in the pro.- atnhle, it was lining to pass the Bill, and unless a favourable report was obtained from those two Judges, the billproceeded no further. The written consent of all persons twerested tn the property was also requir- ed. If we had these provisions he;-e_ wag It possible that this Bill could pass! (Hear, hear.) Coultl it be conceived.` that if it were referred to two of our Judges, they would report that the law of the land should be set aside with reference to this particular case, and that the inheritance of these children should be taken from them and given to their mother or any one else ? as the tt in because five infants,` obtain LI b `t 1.` uwuu--" vv-nrrv -vww--- --.--W -.,..-' sud crou boner; u by.-l'I-o- thun_ to; individuals. 05 no way tnnate, and somewhat clout, being mm`-e um: um regnirolw ooutfcunmh ` tho more brillinnt dread; dd 1ng`oou'l-inhslly obtmlOd_ hmhly upon Ibqunau of thi npcctne . um. ~'l'ho u'u1o'e`nho` baud onh1L.o. luau, is is hardly neoeuu-1 6 ll)`, unto nun-sddk tion to the numclionl of [mo atoning, and tho; rfonnod noun oftho noupopularvliu Ln this * beat nylon - lI__ ._.u':_- .4- .n.-'--I-.u-_ .1 -_...._.. ...._ falling-?`po'n thh pombra ctnyb n or ` T gory cciupicuous, Add made the spectator rid: 'n.ngemenL ofthoir everdsy in; spin of tit I j Z T II TwT1T1'- *. .: ,31"-: ' '15"? '7 7' some inst-noun the my ricig d`:-nun, trnngod with so much tub ud*'m-many or colour, [vein in tho _rn're'a-ntarigeu _ of ug lnglly would use i limo more omhill ue in all It- despotic dictum OI fuhioh`; thfllou ` goupiqpong qottupu Jan `ft yezpp ulonod I159 ro11owrn3:=-_A hly"'\irEIiot_IyVl`w1y oftho dincblnm pgaqqw 1113]} good, inrih also 3 hdfof the Iliubel- an period. The Chi!!!-bl-the Regiment In pulp my represented, mil In Iifdilion the ra-gm...` lined pdninbly. of lady, And pouintof up Bum t. luoie, I Greek girl, at Gypoy E0 "or L ii`:-`I, "a very pretty,` Ipku` hnnri, cm; at -.`n -mm noting. mm .1. IIVDI CI nu: ~ . ` r ` The Indian, in thcielectiori of coating, quo- uinly took the leId,~un dilplgyod not! talk thnmtholr ofthojllutu god in -,_ .1- __-__ _:_L 2.....- ---__.J ktwo ..youn* ladies dmud- iufight` '-""-w--'- *1 -7-7" "-`-r10-7"` :'!'"-u.I'E`.""" Dd. uuemiou. The yenouiutiouuof lather Shipiou with her hioom, u Squaw with hlugeil upon her uhoulduu, nd Q of indalcrilgiblo. old ladies Iron pmgout, and warn with 1ho upoctatorn. A very putty liulu agirg penonutod uid in exco`din-b`_ picturesque outuulu; and unuther llttlq came out charmingly `u -the littludd cottage lady with cpcnotcc on non. Ofilul chino- tou-, the most notiuublu iweu-3.1 at Spirit, oi the Wiul_ar,;whiuh did much, to tlujfulr udtrell. Nighillo very though uuiold Ida; Spring and Buutitrlg udornod wiih owers, the ideu buiu Iu'y_|II:u_!iily an:-rind nah In _.l;I=S-.` rt-.. -... ...___ John Ciunmena been eiglau ` gler untgngo death in you-u m}- _ _a!tcr deducting some var; Iplendid Qf Louis xv, . genuemn om perjoagnh. 5,3 ` V - v -. ~-- -~--n -`a-rt l"T .""'l em-tiod out. In gddiztou`, dun uuuio-gum beta of very prgtty fsnq ooltumoc "and with veg fur exegptiou the whglp of. then skatod ill; mi us they -.watu__i1l mm: or leu pt-any sud tutafnlly dioaood they formed A. vet} pleasant element in ;.he |how.y{pgonnt._ Th gentlemen ! tints vein Ihogn laltnight thud uaunl variety and iho'I1rdi't'y', ranging high dra,u_[1iid`nl:'go'tn the ponitsptinry convict or the etc:-nnvrniggor. Of the moot noticeable, 3 character imponibl 19 attach to any i-I` hr nntiomlity, which well not tlll, any he cited,` ,gQn1lIlIIll"Bf:'II"&!"Ni'l of .` Gef. I nnnnln nf hfhnl : _'_`._ ...;..1 ll Constitution :1 "The lnnd which fraenien till, _ Which iober-suited freeman chooo ; The land where, girt with friends or fuel, The man ma! 9 egg. the thing he will; m The land of civi government, The [And (`If nld nnr` hunt I-annurn