impartiality of her law- it was in spite ofihelaw of prinnurenituro ami not in consequence of to hour a oil that he v liiil motioned ved that it was because the natural tendency of this law vra counteracted by varum cause cob taotly in operation that it haij not long a- go iien considered nn intolerable evil coulii any seusible and unprejudiced per- sod believe that lsajlanil at tltt moment nas more happy ami prosperous rhan she j otherwise would have been on account of the immense accumulation of lamlcil pro perty in the hands of a comparatively few porsous did hoi tin law tend to pro duce such an accumulation aud wore not thousands and thousand in conse quence of it left without any home which they could really call their own in a mate of precarious and miserable dependence bod occasionally of extreme want suffer ing and wretchedness of dependence not upon their own honorable industry and careful frugality but upon the caprice or charity of the wealthy few or upon the certain aud sometimes sudden influence of causes beyond their cootrout or even comprehension at the samo time thi aristocratic teudency of the law of primo geniture to aggrandize a few and reduce the multitude to a servile and beggared and frequently a distressed condition was restrained and counteracted in england by various circumstances so that the evil was mitigated and less felt than it otherwise would be there was a vast aud immense amount of wealth there not vested io land which was not subjected to tho exclusive and unjust principles of this law but which was divided equally among the children the question however was not whether the law was well adapted to that country but whether it was accessary or expedient in this he thought he had shown that it was not an essential part oftho english constitution and he was quite clear thero was on rea son to speak of it as a fundamental princi pleofour constitution lie argued that it was not originally a part of our laws when the province of quebec was divid ed toto two proviuces luc law ui tanauu were in force here aud so continued until our provincial parliament most uowiscly as he thought by one comprehensive and indiscrimiaating act with a few excep tions introduced the laws of england some of which adopted laws had already boen and others ought to be repealed be ing found unsuitable to this province by that statute the law of primogeniture was first established here before that we bad the same law as they now have in lower canada by which intestate property whe ther of lands or personal estate was divid ed equally among all the children or other relatives his bill therefore would intro duce no new unconstitutional theoretical iriociple it would merely restore the old aw and the old system he believed that this was tho only one of his majestys north american provin- ujuvi iitoc jrijmilimr ohijujc uu lini uy dreadful consequence for this bill for there certainly was nothing io that august body but loyalty pure loyalty he hoped then that he had brought the bill to rest upon its own merits and that houorable members instead of being iu horrors at its supposed unconstitutional spirit and instead nfdwelling on the ob- wero unmarried for thoy had given hosta ges to fortune a man with a family had a peculiar interest in thoponro cr bin piiuil lit nul in be ssabiliiy ol ins government wlmh prut ittti hill wd tliiu who ww deal 10 hint- io uc same maimer a free hold had a peculiar interest iu the public tranquility and iu the pcrtiuiiienf ihwe j institution which sernred his property ill ono only out ofsi or any number of chil- j dren itiltoriird the whole of their father land the others would feel hss interest to prevent and suppress iutcsiiuc convulsions or to repel an enemy thai if they bad succeeded to a share nf tho patrimonial property what iuiercstindecd could thoy have in maintaining a system of law that was unjust in principle and injurious to them iu irs operation nothing in his opi nion could be more desirable as a maticr of domestic policy than to encourage a- moog the lotver orders who constituted the mass of the community aud who com posed the physical force of the country the acquirement of a permaueot landed estate instead of a peasantry let us have a yeo manry and the country on tho otic band would bo more free aud nil its liberal aud popular institutions be supported with more spirit aud ou the other the government within the just limits of its constitutional power aud influence would be vastly stronger- mr bidwell here referred to the late revolution iu frauco and spoke with admiration of the conduct of thefrcnch people their jealous love of liberty and de testation of despotism their enthusiastic and heroic resistance of a cruel but otherwise contemptible tyrant aud more thau all their wonderful moderation forbearance and self restraint iu the moment of victory al though they were under the direction and controul of no regular authority were in toxicated with success with arms in their hands and smarting uuder a deep sense of the most unprovoked crnelces and the most atrocious injuries til law nf pri mogeniture had been aboihd in france during the time of napnlcis and he could not believe that this in titration and for- bearancc which forme inch a strikingcon- h flttl u the luij itu n iiuia ill men lovijilt revolutioo were caused by tho equal divi sion of property among the peoplcby which it bad become tho few wealthy aristocrats but empl nf the people of the great body of the na- tioo to prevent as far as pnssible tumult and disorder and all violation of the rights of property and so much were the french people after atrial of both systems attach ed to their present law in preference to the law of primogeniture that even in the house of peers notwithstanding tho natu ral prejudices of that body in favor measure of ao aristocratic tendency a pro however is it would produce such ao ef fect it ivifhl be expedient ami wise to a dnpt ii ima where it was a capital object to profron and favor au increase of our po- puhilitri lion id indrd property bad ipctson possessing the necessary qualifica tions was expensive certainly and irequcnt- ly inconvenient others therefore were that ma lt were tho arc ady i cimul alnai lrll ibis cotrtti y fcttcc of ll and maiii t win this actuiulaliun more cqn 5 it ll to in i vrrv one nf the rsncm law w mni evil trjiutiiems in ji strung as ii ency in rosi nud destroy and lo divide the land the same policy recnm- ineuded h bill for it had tho same ten- i deney ihaph operation was more gra dual and ss violent lie could dot see bow any roocould consistently support the principle fl the assessment law and tolop- udrtq this litliod the ground of its influence tion of a landed turned out bfeggan and outcasts upon tit cold charities ol i the world merely that might have a lordly aristocracy ol land liol i pictcd the consequence was that ma- tiers built up in this province nv wills were altogether void others were they mijrht be old to adhere to the in- deleclivo and incomplete and so uncertain stiiiitions of the mother country ami to hi nd nmhipious as to lay a foundation for roduee no innovations he wuuld corluin- nisputes and law suits and here it should ly he in favor of every institution calculat or observed that in case of duubt on the ed to make the people happy and the crown construction of a will the courts were hound respected to lean in favor ol the heir a will inijrht t nlbrluiiately wo had some of her laws he ood s it respected personal properly icam adapted to the circumstances of lists and void as to lands such was the ease country and some of the hcsl we had not at nf a will having but two witnesses if a i least iu practice such as judges holding man who has provided for his eldest son their offices during good bcliavkmr c he asked w ho would argue in favor of the cow aorostn and klizabeih prince gcorjjr of cumberhtud col f fitzcla- renco is brilejtrooms man mademoi selle dkftte and mis boy io brides nids marchioness vveliesley lord and lady clinton lady augusta p iiu p au- uzclareuce tin positi oo emanatid beioe ndwrse to the torm ariblucrac- almost l whole of the arguments a- j gniuvi the utlk ihe report of the com- rniitce ofjio legislative council rested on the dssqmptioni that the bill would pro- j duce a mioutft and iaconveutcat subulri- 1 sion of prpcty kstates it was suppos ed would in short time be frittered a- wsty so tat the share of each individual would hewo small to tie of any value t and great confusion uncertainly and vex ation would be the inevitable aod not ve ry distant result- now all this was mere assumption and although uumerous ca ses wero apposed to illustrate the argu ment the were chiefly imaginary cases and certainty wero extreme cases such were the nstances taken from the county of kent ir england where the law of ga vel kicd prevailed thero were various incidents lso to that law which rendered ir unpopular such as its peculiar rules of dower tenancy b ie curtesy alicoa- tion of minors c the evils besides of tins minute and vexatious subdivision would he effectually guarded against by the pro vision he sad mentioned for the sale of the property and a distribution of its avails instead of a division oftho property itself in those ruses which after am must be rare where such evils cnom reasonably he apprehended moreover tho experience 3itisf cton furnished a complete and i ill the uswer to this objection to the iciple of the ejual division s prevailed iu the united exited among them while they tried and colonics it lad been long these ev we ascertaiued pcrty woupf a mioute bdivision of pro- laio conseo he as sm ibere aud as cer- form ofgrt lhc m lflluir nonoof th to follow of any is the opt lhc omiviilisiaod- i mnnire 0 lfl n tionofimi an uqula- nonttnepcopicoy wiitcn i- nrinciri interest not merely of a of intestate p f ocrats but emphatically states it 3jjt were iiko inconveniences ours but were fouud he believed from th- government to restore the law of priinoge- to a gradii uiture was rejected he had understood that the present law of franco not only the hnuds of a few aud j creauou ui au aristocracy he uatura wm constant tendency io parted the properly equally iu cases of in- coure nf thiols in all cuttn- jilm l io prveoed a m fro 2gxs2 u s which probably as it respected agri cultural operations would not suffer in comparison with iiiij province he should refer to the netherlands here he cited an opinion given by an english lawyer mr humphreys that gentleman iu the pre- ty of property in the country he was sure the country would bo more free more mo ral more happy if there was a pretty equal ililtusiou of properly than if it were prin cipally accumulated in the hands of a few ho wished there might be dodo very weal thy aod oone very poor he took notice of the objections to the jections which might be urged ugaiost the t bill which were contained to a report made count establishment in our mother country of such a ibwi would be prepared to listen with unprejudiced roiuds to the arguments io favor of its adoptioo here he argued that the principles of the bill were precisely such as the natural affections of every parent would at once dictate io whoso bosom had nature planted an aristo cratic prefercoee of the eldest son and a contempt aod disregard of bis other chil dren who would give all he had to his lastsessioo by a committee of the iegista live council a number ofthose objections which were urged against tho details of the measure aod the mode of carrying it into execution would bo entirely obviated by tho ameodmeots which ho had mentioned to the bill the committee indeed admit ted thai by proper provisiousthose difficul ties mizht be removed no argument therefore could be derived from theinagaiust the measure itself and thev deserved do strongest and oldest and most capable further notice for tho occasion for them no child and loave the otherg who were i louger existed as they were now at all more helpless and more worthy of com passion protection aod assistance desti tute and unprovided for as if they were bastards and intruders and unworthy of a faiherscare he did not believe thatsuch a wretch for a father with aristocra tic feelings deserved oo better appellation could be found tho voieo of nature io every parents bosom wuuld argue with a pathos and eloquence irrebistable iu favor of ibis bill justice too austere and inflexible jus tice would confirm the claims of natural against iu the events sufficiently guarde measure io its present shape that committee could not perceive aoy difference betweeu the state of society aud the circumstances of the people iu this pro vince aud those of eoglaud which would render it more expedient to abolish the law of primogeniture here than there in that country a great proportiou of its wcalih was embarked in commercial pursuits or invested io the funds and was therefore ex empt from the operaiioos of the law of pri mogeniture hut iu this countivwherctnen affection for nothing could be more just wero chiefly engaged in agricultural pur- thau that a parent should provide lor hit suits aud laid out tho greatest part of their own offspriug who owe their existence to gains io the improvement of their farms and justice to the j there was comparatively but little personal that face to the 2d edition of his work on real property says he has left out the compa rison betweeu primogeniture and equal par- tibility because siuco the former publica tion ho has perused the civil code of the netherlands aud has traversed the coun try in almost every direction the one establishes equal partibtlity the other ex- hibits a country cultivated like a garden with a peatinntry thoroughly at its case it has sometimes been said that though tho principle of the bill was just and good there was no necessity for such a law as n- oy one who chose could make a will and thereby prevent the injustice of the prescot system llut io tho first place he deuied that every persoo could make a will a married woman or a person under the age of 21 years could uot make a will however strongly they mifcbt wish to direct their property in a more equitable mode of des cent in iik next place a great propor tion of ihoo who had a legal capacity tti divide their property neglected in do it some were prevented by superstitious nn dlha hv lutleeiklnn an in ihr miffi- during his hfc should by such a will leave the homestead to his youngest son ami the principal part of hi goods and chattels to ids eldest son the latter would take the goods by v ture wills too were often made on a deathbed and then they were made hasti ly and amidst circumstances of gloom and lain and distraction weakness of mind 5 ody a disposal of property made under such circumstances could rarely itcjust or prudent besides when a will was made with all suitable deliberation and with all necessary care and skill it was subject to occurrences which might render it nugato ry or even make it operate contrary to the testators intention a chance in his faiu- y by death marriage birth c the pur- enase or sale of a lot of land or the altera tion which time alone might produce in the value of property might have this effect it was difficult also to foresee all the con tingencies which might arise after his death he illustrated this remark by a case just mentioned to him where a father by his will left his property among his children equally the eldest son became profligate and soon spent his share the youngest son died betore he was of age he wished his property not to go to his eldest brother to be squandered away but he was under age and could not prevent it the elder brother took it all and soon spent it in ibis case the lather no doubt thought that be had guarded carefully against the unjust operation of the present law yet his wish es and intentions in a certain degree were iiuveiiataiwwt mwtfracea thesr tions showed that the necessity for a u just law of descent was not siiicded by the right which men possessed of disposing their estate by will and which afforded on ly a partial and uncertain relief while the evils and injustice the pre sent law had too often been witnessed no one had seen any good effectsfr l j l attempt to build up an aristoe m uus province bv givingall to thecltson and thus making an aristocrat of hit and demo crats of hi brothers and sisters was rwwu- ious and absurd many of our hon legis lative councillors the aristocratic branch of the provincial legislature eelected from the whole province iu the manl prescrib ed bv the constitution were no oldest sons and therefore not aristocrats according to the doctrine of primogeniture aristocracy which single fact disproved the alleged con- fefiuitiopal nefissiv of such ataff anu de- brother and from that moment there must be an end ot all cordial affection by the present law the personal proper ty was equally divided so was the real es tate when there were only females sup pose any one should propose to alter the law in this respect and iu doth of these cas es to give all to the eldest child- woult not such an attempt beuniversallyscoutcd but he could not see if the principle of the law of primogeniture was good in one case why it was not good in another again suppose the law of primogeniture was not in tbrce here but a law like thit hill would any one he asked would ani one now adoption of the game laws though they were a part of her institutions so iu eng land land cnidd not be sold fordebt and was rtuc of the law of primogeni- j not liable upon a mans death to be laken in any way for debts unless they were re curred by an instrument under seal this was a part of the same feudal system as the law of primogeniture quite as ancionf rea sonable and just yet the british parlia ment themselves abolished of a landed aris tocracy here it was sometimes objected against the bill that after all it would not meet the wants of the people look at wills it was said and see how few are drawn on the principle of ibis bill but this was a mistake in gen eral properly was divided upon this wry principle it was divided equally among children except when some of them had received theiv share or a part of it which was in such a case deducted he appealed to hon members whether they would dis pose of their property in this model did not they love one child as much as another it was not to be expected that it would be exactly adapted to every case no jaw could do this but it would answer in gen eral better than any other this howev er was not the question it was not whe ther this bill was the best of all systems that could be devised but whether it was bet ter than the present law if it was it should be adopted and established until a better was proposed an objection which had been made on a former occasion just then occurred to his was small and if the bill became a law it would lead toa division of the land and the country would be stripped of its wood gentlemen he saw were smiling but he would assure them that the objection was seriously urged for his own part in an ticipation of it he would only say that if the country were small there was a greater necessity for a division of estates and he would ask where was the member who wished to have large tracts of land remain a wilderness uncleared of its wood and un cultivated which of these alternatives did honorable gentlemen desire that the b carey and tho whole of tiie hoyal suite immediatelv nfrcr tho nuptial ceremony lord and lady palfc laud took their departure fur cumberland lodge the following is a copy of the entry that was made in the marriage re gister of the parish i m the kiht honour able lucius itcutinck caiev lord viscnuut falkland of levin grove in tho county of york bachelor and amelia kirzclarence of st jamea palace iu the county of mid dlesex spinster were married by spocial licence this twentyseventh day of decem ber in the year one thousand eight hun dred aud thirty by me r j chichfstfr- this marriage was solemnized between us falkland amelia fitzclarenck in the presence of william r adelaide aug- frederick aug elizabeth land graviue of hesse george of cumberland house of lords dec 9 dunlop i earl or dalhocrit- judgment the lord chancellor ob served that this was a case of very great importance aud the decision of the court of session would appear very startling to every english lawer who was not ac quainted with the peculiar scottish princi ples upon which they bad proceeded it was a case io which the court below had decided that a sale of grain by sample in market offered by a tenant dnes not pro tect the purchaser after delivery fmm an action of second payment of the price at the instance of the landlord whose rent ii unpaid he lord chancellor had look ed into the authorities aod precedents relied upon on both sides and the result of the most careful deliberation which he could bestow ou the subject was an opinion that however iucooveoieat to commerce the state of the law might appear however fit such a matter mihtbo for lieidarive revi dutors appealed from having the support of uniform train of decisions and authorities in the law of scotland he thought there was oo course open tn him but to propose ao affirmance of the decision of the court below agreed io without costs we are happy to have it in our power to allay the alarm which might otherwise have been excited throughuut scotland by the decision which the lord chancellor found himself constrained to advise tho house of lords to corno to in this case upon the application of mr a duulop provost of iiaddiotoo when the transac- great body of the s people should be landhol- occurre forming the subject of ih ders and electors or that they should be a dependent population hanging loose upon society and without any considerable inter est in its prosperity and peace he took notice of an objection which had been tired against he clause in the hill people themselves he did not know that the bill tvnuld pass into a law this session or next sessioo or the following session he was not sure even that it would be entertained by the house at that time but he was confident that at no remote period a measure so much called for would be adopted no man or body of meu could long successful ly resist public opinion io any couuiry much less in a country where there could be a free discussioo of public matters they might todcod for a time oppose aod ob struct the stream but it would be continu ally accumulating and acfjuiriog greater tious soine by iudeoislon as to the p cu hire of their will unc by a reluct iiice them may otherwise he bur- support equally require him justice to community who tbeucd with their it a bill that is founded upon plain princi ples of natural alfeclioo and natural jus tice ami that will merely substitute these priuciplcs in place of the arbitrary rules of an artificial and unnatural system ought to require no further argument the measure property and of course but utile property nin uudcr the operation of this law the evils aod iojumtcc of this exclusive law reached therefore greater proportion cases hero than in foglaod that couoiiy was oppressed by a hur- thcusome nito redundaut population one of the nrgumiiqi which was regularly urg ed iu favot of lnw of primopcnituio was recommended by a wise i there was that a contrary system would pro policy lord bacun had said that married j mote more thau lh mou wero bettor subjects thau tuoso who iucruaso of tboir topulsuoo jui 30 ie exiting law au far to do aoy thing which brought tlieui a it were doftr w the closest lift some by a habit and temper of procrastination and some by t cniicioujness 0 their ijjhfl- ranee aud inability to draw a will proper ly or by the expectation of some change in their propi iy or family from these aod other causnsj many person died without a wil vvou by no moans have been which the seriously attempt to introduce tht j strength uotil finally it would sweep away law of primogeniture and if not whi should we retain a law introduced by an in discriminate adoption of english laws bur not suited to the state and circumstances u the province he maintained that the english parlia ment had themselves to a certain extent even in england adopted and sanctioned j attention was called lo the justice and evils the principle of this bill when a man 1 of the present law by discussion aod by its who had an estate in land during the life tf practical operation the stronger would bo something all opposition wheo he depended upon tho force of pubic opinion to carry this measure into a law he relied upon a prin ciple as simple to bo sure but as ccrtniu and as powerful as the law of gravitation he knew that the voice of the people was in favour of this measure the more thei jr another died before the death of the othe the parliament had said that the cstal should not go entirely to the eldest son bur j he equally divided among all the children all tlie inconveniences apprehended frou the bill would equally result from such law yet we see the opinion ol the parlia i nient on the subject ve had their author- ity therefore in favor of the principle a the present bill when an older son succeeded to all his fa timers estate in consequence nf there beinj- iheirdesire and their demand fur like the bill before the committee he had nn doubt therefore of the ultimate result summary brighton dec 30 on monday the marriage of lord falkland with miss fitx- clarence io 00c of the drawingrooms nl the palace after a jejcune a la fourchctte in the llauquciiug room tho bishop of 0 satisfied with the rule of descent law applied to iheir property againil should be remembered that in many casoc w w wcre mw t would frtn various causey fail to accom plish the iituaioifr intentions intlioliftt placcit wa not in general an easy matter lo draw a n n correctly it requires no or dinary rmcjdmial bkill to employ a no will he was expected to divide it fitfrh chichester officiated his majesty gave with his brothers and sisters if lie refill tlie h the brides dress was as ed to do it he was branded as an unfeeling simple as the nature of the occasion would and dishonest wretch what could be stronger proof of the injustice of our lav than this peneral sentiment must not law be unjust and in its tendency unfuvoi able to morals which tempts a man to in inhuman dishonest he really wished hon orable members would think of ilsiujustio let them once look at a family bereaved f i a fathers kind care and affection expcllc trimmed with lace aod a i froui their native home which was endeai theie were present at the allow being of british lace with a wreath of lowers iu the hair from which was sus pended a laco veil of british manufacture tho brides maids wero mademoiselle deftie and miss c boyle the former of these ladies wore a white crape dress over a while satin ilip and a blond lace cap miss c boyle wore a while satin dress white satio hat marriage their cd by a thousand tender rccoltections arj majesties the duke of sussci the priu case his lordship has at ooce undertaken to bring in a bill to ameod the law io this respect aud we havo reason to helisvo that this bill will be introduced by his lord ship even as early as monday next lon lit prtfrr mails should bt ktltt b any one person at suck a distance frm each other and thcf ftlt that thty could not do otkencisc than advise his majesty as they hud done in dnins this they certainly fell that a hard ship had been indicted on the right rev prelate who certainly coosidered that his elevation could not prevent his hobliogiho living of durham incomtnendam tho go vernment regretted the disftdvnutngo which had thus fallen upon the flight rev pre late aud the chancellor nf the exchequer could only say that whenever any prefer ment opened of a higher value than the see of exeter it would he offered to him this step had been taken because it icoscon sidered absolutely necessary he uasfrm- ly attached to the inttrestj of the church p he had been brought up and educated in its principles which he would aticays cherish and he regretted its abvses but it wcr on ly when such abuses were not corrected that the church ivqsin danger and not by the to leration of alt classes of their fellowsubjects hear liear hear hear hear i extract from the london gazette friday dec 24 1s30 whitehall dec 22 the king has beea pleased to order a letter to be directed 10 the chapter of tho cathedral church of hereford recommending unto them tho hon aod rev edward grey a m rec tor of st botolph bishopsgate loudon to her choscu into the place of dean of tho said cathedral church the same heinc void by the death of the rev edward mel- lish the shawl manufacture is now so great ly improved in scotland that shawls of the most superb description daily come from the loom as a proof wo may mention that a very magnificent ooe intended to be worn by the queen at the approaching coronation has beeo forwarded to her ma jesty by messrs james pace aud co of this city which specimen or scottish ma nufacture her majesty has been pleased purchase edinburgh paper at lhc meeting of the creditors of sir walter scott which was held at edio burgh on tbe 7tb iustaot tbo following ve-