king ton nec rege nec loillo s k v t10uk vol 12 saturday february 26 4831 ko 85 xrocrowsepaiiatiopfaiiow by lady charlotte bury a hare who in a civil way complied with every thinjr like gay known lo alt the bestial train who haunt the wood or graze the plain her care was never lo offend andiiyery creature was her friend g4t plosion in hamilton place said lord bol- and in short played the dtstsptrtuw poor lair m well it is astonishing that people i clayton he is a pood hearted creature should like to put themselves enevidence as could not in pity refuse aotljbey went out they do nnwadays id my time when people of fashion did not suit each other h on ilie evening of the day when lady priaciha read the announcement of her friends elopement id the newspapers and apparently found it confirmed by he an swers she received from the servants ioha- tnfltoo place who seemed all in confusion fie ws lo have had a large party at her house but this ciws affected her to such a degree that sho was taken ill and the im- misibiiiit of sending out cards of excuse to all thepersou she had invited made ftor determine to smion servants at her iloor to say that sudden disposition pre sented her being able to receive cdpany that night half the persons thereto who were thusdisappoiuied of their place f rendezvous betook themselves to ihe dowager lady marchmouts who had one of her at homes fortuontely for them that very evening never had she obtain ed so brilliaut au assemblage since the days of her youih and though tho people poured iu because they could not help themselves tiill they poured in no matter wherefore and to have rooms so bril- liamlyfiilcd was a circumstance that gave heard well 1 always thought it would he so you kuotv tho news that old fool mr lawrence is well served for his felly you remember there was a time when perhaps not that i ever wished the connexion god knows but there was lime when had lie paid me proper atten tion fur the sake of poor dear lord ca joys memory who you know made use of old lawrence in the building of law rence court well where was 1 ob dear mr newdicomb turning about lo n utile fat geutlcraao with apairof goose berry oyes do try and mako up a party fur loo after all there is no game so de lightful if one could bring it into fashion a gain dun you think so lady march- mont but ns i iras saying to return to mr lawrence when on looking rouod sho found lady marchmoot was gone half a room off willi her spyingglass at her ye so giving up the idea of going on with her story at that time she bustled a- myin quest of mr newdicomb and lord rennets who she imped would procure two other people for luu gome my dear lord carey calling to her son do give ine your arm there u no getting oo without au arm ah your poor dear father he had an arm aud a fp6 fctm iim mwm mf aw p jay an mere striplings poor puny iliiogs well i declare there get ou i see the cardta ble a knot of persons were sitting dosndos on an ottoman in the middle of the room when in her hurry to reach the card table she trod upon the toes of one of them it was lord delhorough who made an excla- matioa of pain aud horror to which she paid no attention but stretching herself aud standing upntj her toes looked on- wards to the goal of her wishes 41 there are a certain number of por- sons said lor delborough who reully ought to be put by not suffered tocorao into good society there is that old vulgar lady carey who has ibis moment lamed me fur life i believe who can tolerate uch a shaking mass of frippery and dia monds what is she good for i would have society drafted every six months rejoined the lisping mr darnley it would he theooly way to keep it up to the poiat of perfection but there is one comfort that snnielmw or other the people always do draft themselves you know the news dont you there is that insuffer able puppy clayton gone off with now who do you thiuk guess with whom gone off really you dont say so but with whom with whom echoed many voices sill n round do tell us why with that littlo uuderbrcd prude the golcnnda heiress u t he golconda heiress what lady fitzharris o do tell us all about it well i always thought said lady ilighmore that that menage never would od well poor lord fitzharris his home was quite insufferable to him by the eternal interference of mr and mrs law- reuce the very sight of them was enough to give any man the blue devils but let us hear all ihe particulars pardon me said mr darnley your ladyship seems iu error it is not lord fitzharris but lady fitzharris who has runaway audi supposr from that cir cumstance he gave her the btuedivit m vuu ajo talking i conclude of the ex- il yavoit vapartement de monsieur vapar- tement de madame they did not indis- creetlyjforce themselves on each others company but if they did accidentally meet they were perfectly polite perfectly tran quil there is room enough for every bo dy in the world if people would only have a little consideration for each others foi bles i have always told my nephew who par parenthese every body allows is perfectfully delightful and that merely because he is perfectly wellbred i have always told my nephew to look upon be world as upon a wellfurnished drawing- room if you walk through it roughly you will beio daoger of knocking your shins a- gainst something but if you will only edge along and glide past certain corners no thing witl impede your course- but for instance this story which is now in the mouth of every body from the footman to the king can any thing have been half so ill judged as the whole conductof the bust ofm avoir des proeedes honnettes in that consists jhe great secret ef life but really iu these days h seems to be the business of the great to psm down their own distinc tion aud to lower themselves to the tone of tho vulgar 14 ah my dear lord replied mr darn ley i do believe the marchz dtieuvtt on a much better footing in your lime i wish now that there are schools for every of the house thnt moment some say lord he ha fitzharris has followed them to the comi- dbdti to challaage the lort unite hero ci thers say thai lie has jjoue to wales lo break the story to his dither tho latter part of the story i do not vouch for hut you may depend upon ihe forcer for my valel heard it from ordfitzhanrissluiler well said mrs selwin laughing thai is oae way of discovering an amuur by ones wine merchants hill crst ilunou- veau at least hut yonder is liy maynard do let us go and tell her the tjiry it will he so amusing to see how u takes the thing at that moment came in lord and lady milsingtoo apparently quite in their usual spirits a thunderboltcould nothave asto nished the storyteller more however mad my lord fitharris may be rihi i have bo doubt of the fact there is a- nntlifr icnsoii of this suddon disappearance surely it is not true sai ihe com pany whispering on to anotbtr itjs very extraordinary at all evedb j for mfe can hardly suppose they would have made llieir appearance if this story had hecfl lioowo to them and yolthoithey should not know it seems very iocreflble but said mr medcalf to mr percy who had been listening alieniily to tho various reports thai flew io whispers all around ihe room j have you not hoard the real circumstances of this ratraoi-diua- ryh no said mr percy shaking his head mournfully certainly not though i have heard a great many como then let us sit down losl besides ilia iherc what do you ca know who i meful ihe nnmeuse sums at play hut his srcnt friend the parson i him oh you vaughun rectory and as she rose id go away mr the newsmonger flew up to her sayior j from sonic informality what lojpu thiuk lnrd and lady j could have no effect common where iiq had made a r n- thcr or oi will hut cause ic rffro ayfiisext choice trill be made in very different line aod under very dilter- eot auspices aud she agaiq glaaced at her own train of daughters aod passed on delighted to thiok there was another cbaoce io the market for them i am glad that tiresome noman is gooe now do cried the pretty mrs selwio addressing herself to mr daroley do tell us tho whole story about lord and lady fitzharris for after all i have never been able to understand why she should run away as lord fitzharris seem ed to let her do exactly what she liked and she gave the best bnlls aod had al ways the last parisian modes an opera box and every thing in short that can make life desirable what could the wish for more oh but she was always wtre re plied mr darnley m somehow or other you never do fee a person of that calibre who grafts well into another aod a higher slock never wi h real good effect it is always a forced unnatural thiug hut this story is curious enough and i can tell you exactly tho circumstances which brought on the crisis they do say thnt lord fitzharris murdered a man to whom he owed money io paris and that this became known to lady fitzharris who ityr ekl 4lm to 4 fctowfc mtofc ww afterward u good heavens no wonder cried mrs selwin oh but that 13 not all he always in sisted upon having his pistols and a pecu liar dagger that he got somewhere io his travels laid by his bedside aod had his favourite bulldog on a mat close to him all of which disagreeable peculiarities en terrified the poor lady that she begged to occupy a separate apartment under these circumstances you see roy dear mrs selwin it really was not astooishiog that when such a handsome gay gallant as sir charles clayton was continually buzzing about her ear and a very goodhumoured creature too that she should prefer him to such a blue beard as lord fitzharris oh dear no oot at all it was quite natural only could she not have avoided the publicity the uwkwardoess of the thing one does not exactly know how that is the story goes that lord fitzharris was absent for some lime from home nod that when he did return be being a person exceedingly ronge in his menage f got all his household accounts io as is usual after an absence from home and among the rest his wine merchants when observing an immense quantity had been recently drunk of st perez he asked if lady fitzharris consumed three bottles a day upon which the servant said it had becu consumed at her ladyships table aod upon further in vestigation the butler proved that sir charles clayton entertniued a number of young men constantly at supper with la dy fitzharris and thus it was the wiuo was drauk lady fitzharris when spoken toby her husband at first denied tbc fact but afterward confessed itand sir charles coming in during the scene the matter took a serious turn and lord fitzharris desired him to leave his house and never enter it again oh do not forsake mc cried la dy fitzharris do not forsake me cliug- itig to sir charles he will kill mo if you leave me in his power f will follow you to the worlds end or words lo that effect vo lei imc ftfftftet meilc utisttangc ufitmwmu went oo ftr some time increasing till at last one oght lady fitzharris coming in to his room found bira on the floor with a great many cabalistical circles drawn all around him aod various strange books and images sunk about the room io short she discovered him to be quite mod it seems there always was maduess io the family and that lffd and lady mitsiogton were perfectly aare of tho fact when they took iu poor alba lawrence to marry him oo this melancholy discovery she is said to hartbehaved like ao angel aod it was agreed upon between her aud lord aud lady milsingtoo that they should go to the continent and that ho should be placed in lunatic asylum there sir charles clayton merely went as a friend of lord fitzharris in order that tho poor lady might not be left entirely alone now my dear sir 50 may depend ou the truth af ihisslateiwot for toy sister had it from mr bioglcjc the apothecary who former ly nttendedio the family m is vy dreadful aighed mrpercy 11 hut i am sure under all circumstances she would always behave like an angel it seems hotwver almost incredible that if this be the ease lord nud lady milsiugton should haw sufficient commaod overthem- selves or deed 1 would say more suffi- vmfene iimi hardness efheafifie show themselves in company or come into ti iji a x kd0w oot what to d ad ho arose aod left bis commu nicative ffj l0 propagate his edition of the nttcs ft mora credulous ears j delighted i am to see you v said lady mufcbmoot to the milsiugtons to whom sb al t moment had got through the crowrf t0 ma her courtesy and pray tel fne shall i oot have ihe pleasure of seeing he fitzharrises tujhtv this she paid pdrpuselv to observe in what inao- mit womd be taken u do you not know they are gone 00 tour to paris aod sir charles clayton compaoies them this vas said so readily and so natural ly that vy one who was not as well vers ed io the an of part playing could nothave possibly moved it to be a deliberate false hood and 4o they make any long sejour there 11 1 hope not but you know when young people are m paris there is no saying how long they m remain away feeot the male gossip mr to lady maytiard well you have heard tho news t i suppose- he said speaking io ao audibly whisper and putting 00 a face of melancholy import yuu have heard of lord frtzharriss beiogquite mad aod taken avy to be put in confinement on the contineu j am sure you will be vastly shockedvastly sorry you have so good n heart od he was such an old friend of yours 11 you do me a vast deal of honour mr i m suppose toy heart so very good hut 1 tlutk itdoes not requiro any particu lar tendtvocss i do not pique myself upon that miiqrvaprcss quality to be sorry when ou hears thatany oncsacquaiotuncc is in a udhouse jiuti cannot say you at all tiapt h me for 1 always thought he must be mad ever siuco he married that fright m lawrence iudtfttl 11 ell what penetration what insight ito character not a bit more than my neighbours mr however 1 beg w tell you that man mr cliromont has taken out a writ against him for the sum of thirty thousand pounds which he lent him some three years igo and of which he has never paid one farihins interest or principal this is the rcl initll oftho story and i believe for i have it from good authority that sir charles has come forward aod promised lo hecome security fur the moucy giving him a bond for the debt in cotisidcrution of which piece of friendship he has the ad vantage of accompanying my lord and uiy lady on their tour indeed you dont say so hal ha ha it is very likely for now i thiok nf tt j saw mr clarcmorit old green vehicle coming into town a few days ago and it is very seldom he honours the metropolis hut dear mc half disappointed that bis own story was not the best of the two dear mc after all he is not mad well you surprise me i must so and tell mr percy lull aud a found the unlucky wight low me in say one word and uud if you please attend lo mc touchiug his arm what do you think drove fitzharris mad this last time why his dear college tu tor i believe took out a writ against him for thirty thousand pounds and as lord muinion refused to pay he was obliged to apply to sir charles sir charlesclay i 1 mi r in 111 wfl st go and tell y he weul till he mr pcrcyal- milsingtonjhte sent tor express 11 is sup posed that lord fitzharris is killed sir charles nnd he had high words and tho dispute ended by their going out to fight lord fitzharris fell ut tho crsl fire fire i fire cried several voire at oucc aud on looking round the window curtains had come in contact with a giran dole and the whole draperies were iu u blaze a general confusion ensued some screamed some fainted and those who retained their senses rushed out ofthe house as fast as thuy could leaving lady marchmont to her fate so much for a multitude of dear friends upper canada i to the principle respcctiugtheexrliisiott of parents and rclntions of the halfblood he did not imilicipnte any objection against ensure wliiefa was proposed a mat c was ccrti bis fat he my under sti oiiger obligations itr ibau to any other hum nu voti thai father could not by tho law inherit his intestate estate being existing although nb oh by all means well f whats the stake m oh guinea loo of course ioevcrpuy higher 11 aod so my lord renncns the real state of the case is this poor mr clare- mont finding himself quire ruined shot himself and that drove lord fitzharris mad was there ever any thiag so horrid ram turned up as i shall declare so you are all looed n i like ihatforthe game does oot stag nate observed lady carey thatisvery agreeable when auy one else torn him up but doot stop theres my loo deal oulord hennevu and so lord fitzharris is quite mad bless me 1 never observed lady milsingtoo so near she whispered to lord hcuuevis my dear lady milsing too how docs your ladyship do turoing and half rising from her seat i am vastly happy to see yon pray tell inc i was shocked to hear lord fitzharris was taken ill the other uight at crockfords 11 iii dear me dont you know they are gone to paris 41 no i did oot and when do they re turn 44 oh they will stay i make no doubt a couple of mouths paris is so fell of temp tations but at to illness they are both perfectly well onlyi you wsw tbffl sfr ver was such ao euamouied couple they cannot bear to be parted even for a few weeks so wheo he west although she had issued cards for a greit ball and enga ged herself to half a dozel great diuoers every thiog was giveo up aod off they set in an instaot i most cjo lady fitzharris the justice to say she is qxitea paragon of a wife how very happy youraust be my dear lady milsingtoo 41 1 am indeed a veryllappy person in my family lady fitzhirris is a very charming creavure and tin old lawrences to do them justice never aomo in our way hut have you heard thfmr dear old man has been seized with a ut of apoplexy and i fear he cannot reorrer you know at bis death henrietta hra an additioo of fortune to tbe amount oi ten thousand a year 41 1 am vastly sorry vmy concerned in deed but people cauoot le for ever and oh dear i see lord huieon waiting for mo at the ecarte table and away went lady milsingtoo m well cried lady ctry as she disap peared i dont know what she moans by snying 4 people catit live for ever mr lawrence is a few ymrs younger thau myself lady milsington is not de la pre mierejeunessc people ilould have some regard to other peoples feeliogs aod if la dy milsiugton has uonec need not sup pose that nther people tro equally hard hearted poor dear mrlawrence i de clare i am vastly grievell why ho u io ihe vigour of his ago oaiby any means aa old man to die 41 oh but thcro are yiung men who die as well as old r lad- carey observ ed lord newdicomb cotlwog m age has nothing to in with deal at all cough- iug ream u ihl people have a much belter lift than i0m0 young oues it depends upou how they le 14 ah very true i utfw hold any cards there never was such lucl as miue- i can not play any more i oust positively try the ecarto table provincial parliament house of assembly mr bimvells speech on the intestate estate bill in the provincial assembly of upper cana da january 24 1831 mr bidwelt explained the objects of the bill lly the present law if a man died without having made a will nod loft a sou and other children his land instead of be ing divided equally ir in any other pro portion among his children generally weut obtircly to the oldest sou 1 11 like man- fti- if aiiff fivvin vftn rlihr 4 without a will left relation of the whole blood or not any relations of the half blood even brothers or sisters could not possibly inherit tho real estate but it would po to the lord of the maoor or tho crown to their cxclusiou it was obvious upon the first blush that such principles were absurd unnatural un just they were opposed to thestrougest aod most amiable emotions of the heart and the plain dictates of natural justice the hill was iutended to abrogate ihetn and to substitute io their place the more equitable and reasonable rules which pre vailed already ns it respected personal pro perty so that if that bill became a law whenever a man not having made a will should die the estaio would pass to all his childreu equally or to his parents if he left no children and if he did not leave parents or children it would descend e- qually among his next kindred without a- ny distinction between them in favor of tho eldest male the first clause of the bill established this principle and parti cularly described the order jd irdo of succession to an intestato est in almost every possible case so that iu any case any persoo ofcommon understanding by readiug the clause might ascertain who the heirs were aod what was the share of each the second clause directed the personal property 9 rvrffrawrf m rf mvmflmflf third clause declared thataoy properly ad vanced bvtbe intestate during his life to wards tbe portion of any child should be coosidered and allowed for io tho distri button od deducted from thesbareofsuch child the fourth clause provided for the partition of the property the judge of tbe probate or surrogate court was to de cide subject to a simple and easy appeal to the kings bench who tho heirs were and their proportionate shares aud was to ap point three disinterested freeholders who were accordingly after being sworn lo ifride the estate intended in order lo obviate some ons to propose an addition to lause which he had prepared ich would authorize these freehold- they should judge it best on ac- 0 smallness of the property or circumstances instead of divid ing firm appraise it aud then unless some one or more of the heirs would take it with the consent of the rest at that ap- praieat and pay tho others their propor tion the judge was to have it sold and a avails divided amongst ail the bill flb provided that auy of the heirs before receiving his share of the estate might be required to give a bond to pay his proportion of any debt which the executors or admi nistrators might afterwards be compelled to pay this was aualogous to a provision iu the present law of distribution by which before a person could receive his part of the personal property he could bo requir ed to give a similar bond there was a further clause authorizing an heir who had been compelled to pay a debt of the in testate to recover from his coheirs their rateable proportions of such debt these were the provisions of the hill aud it would be observed that its operation was confined entirely to these cases whore a man died without a will it did not in tho least interfere with the right which a rmm now had to dispose as he pleased of his property by will- it applied uuly to those cases where he died without having made a will or which uoforluuutcly was too he might have given itiu him or certainly by the care uf bis education and bis pru dent advice enabled him to ncquiro it the father indeed was in the next degree of kindred tbe nearest friend the most en titled by merit by thu tics of uature and the best feelings and affections of the hu man heart to inherit the estate thcso claims were recognized by the laws of dis tribution which in such case gave the per son al estate to the father but by the law of descent for artificial reasons from fictitious feudal principles the father the uatural heir in such a case aud the mother when there was no surviving father were obso- lutcly excluded from the inheritance a more distant relation was preferred aod if thero was 00 other kindred even tho lord uf the mauor or the crown this cxclusiou oftho parents was contrary to nature nod justice and good policy and the practice of every other civilized nation there was certainly uo good reason for it iu this province and he hoped thercfoto that so far at least the bill would meet with unanimous support hut the most important feature oftho hill undoubtedly was its abolition of the 1 vfvvo jva j vtttytucivmuvvu4th nl a fathers care aod protection lie knew it was dilucult to argue against prejudices and to reason people into con viction against the stroog current of long cherished feelings he believed that this was the chief obstacle to the bill the law of primogeniture was derived froniuu cient times it was venerable therefore io the eyes of all those who were habitually opposed to improvement 00 account of the supposed danger of iooovatioo with such persous overy ancient abuse every superannuated iostitutioo every law which had long ago ceased to he adapted to the spirit and circumstances of the age tvas re garded with about the same reverence aft the noblest principles of the constitution or rather was itself regarded and spoken of as a fundamental principle of tbe constitution- he expected therefore to hear tfie bill de- nouoccd as it had beon 00 former occa sions as subversive of the fundamental principles of the constitution he could however easily shew thatit did oot al all deserve such a terrible character fop al though tho law of primogeniture was old still it was itself an innovation 00 the con stitution it did not exist uotil after the principles of the constitution had been set tled aod established those noble and life- giving principles of national freedom which seemed destined by providence ffrtitfy 19 mppajjm ah hwm aw 9 trial by jury the rigat of represeotation c sir bidwell here quoted the opinioos of lord holt sir william blackstooe- and others to confirm this proposition it would be observed be cootioued that these venerable meo these great luminaries of the law expressed in strong aod decided terms the opinion notooly that the law of priraogeoiture did not prevail at that early period but furthermore that a law pre cisely similar io its principle to tho bill then before the committee was in forco at that time he was aware that the latter part of this opinion bad been controverted al though as he thought without much show of reason all authors however agreed that the law of primogeniture did not theu exist but was introduced afterwards that was sufficient for bis argument h over turned the objections aod ought to dispel the fears of those who thought that the law of primogeniture was one uf the fuodameo- tai principles of the constitution and should therefore be sacred from the rude aod bar barous hand of iooovatioo aod almost from the profane gaze of vulgar irrcver- ence and incredulity in fact this law was a feudal principle aod had existed no where but in feudal countries it was unlcoowo to the ancient nations tho jews the greeks the ro mans the saxoos c and in propor tion as nations emancipated themselves from the artificial rules and oppressive re straints of the feudal system which was a tremendous system of despotism this law appeared burdensome unnatural and odi ous it is true it was still the law of en- glaud and perhaps with her immense population aod the danger of tuakiug great liberation in the tenure of real property and the mode of its trausmissiun it might not he wise or prudent there to abrogate it lie thought however that there was no reason to conclude that it had contributed in any degree to tho prosperity and exal tation of england- they were owing to other causes such as tho extent and activi ty of her commerce tho industry and fru- galffy of her people aud the freedom nud