9 JUNE 1838, Page 9

POS1 SCRI PT.

SATURDAY.

The cOnsideratirn of the Irish Poor Bill was completed he the Corn. mittee of the Lords last eight. Several amendments, apparently of ea; nor importance, were mede in the hill • but the report of their Lord- ships' proceedings is no exceedingly brief, that it is impossible to specify the exert nature of the alterations. The "report " is to be received on Tuesday.

The Commons were chiefly occupied with tile Benefices Plurality

fill. The order of the day for the further consideration of the report on that bill having been read, Lord JOHN RUSSELL moved that be amendments be read a second time. Mr. Hewes took the oppor- tunity of stating his objections to the principle and details of the :measure, as giving a eanetion to the enormens pluralism which now existed. and tending to perpetuate a system so injurious to the Church. Lord John Russell alienated his best film:8 by the course he ptirsued. /le was always afraid of doing too much, or of doing too little ; and II

parties grew dissatisfied with snub it wavering policy. Alr. Hawes moved that the bill be recommitted, with the view of striking out all the objectionable clauses,—which, in fact, would reduce the measine to mere skeleton.

Lord Joust RUSSELT. Said very little in defence of the bill. How- ever, alter a brief discussion, the motion was negatived, by 145 to 34.

Several amendments were proposed; one of them by Sir HARRY VERNEY, 44 That no spiritual person, holding any benefice involving tine cure of souls. shall accept or take to hold therewith any other benefire involving. the cute 4.1 souk unless such le•nefices are situated contiguous to one another, and the parislechurches are within three milt, of each other, and the united population of such two benefices do not exceed three thousand souls, and the milted in- comes of such two benefices amount to lois than 7b01. per annten."

Iklinisters opposed this amendment; and succeeded in defeating it, but only by .a vote of 57 to 53. These lllll hers indicate the amount of interest telt in the House of Commons on this important It is not necessary to give in detail the rest of the proccedinge. Colonel SILTHORPE proposed that widows of clergymen allied(' be allowrd to reside three months in the houses attached to benefices after the decease of their husbands. Sir June CAMPIT11.1. rrounised to con- sider the suggestion; he had no objection to a term of forty days. Colonel SIDTHORPE professed entire confidence in the learnt-it gentle. man ; and, amidst peals of laughter, took his seat on the Treasury bench, between the Atternep General and Lord John Russell. Ile coots how, ver, became aware that he had got into bad compaoy, and reetossed the floor with an eir of unusual dignity.

he Registration of Voters Bill was committed, pro Anna ; end some new chums, proposed by the Attorney- General, wet e ordered to be printed. Friday next was fixed for the further consideration of the bill.

The International Copyright Bill underwent precisely the same pro- cess, and is also to be considered on Friday.

The Oxford and Great Western Union Railway Bill was read a third time, by a majority of 79 to 26, and passed.

In reply to questions by Lord Asiteev, Lord Jolts Reser:Le stated that the progress of the Factories 13111 had been delayed by Mr. Fox Maule's illness, and that it would be useless to attempt to carry it this oession.

• On the motion of Lord ASHLEY, a message was ordered to be sent to the Lords, requesting a copy of the evidence given before the New Zealand Committee.

Lord •Joirte Resseet. mentioned, that after this week, he thought it Would be necessary fur the House to sit on Saturdays, to forward mea- sures to which there is no opposition. This is symptomatic of a design to huddle up the zemnainirig business of the session, mid hasten the period of prorogation.

Some conversation occurred in both Houses relative to the proclaims.. tion of martial law in Lower Canada. Lord Beouoneto asked Lord Glenelg for the authority under which the proclamation was oriole?

If it had been proclaimed without special authority in the province, it was Illegal: for the two Canada Acts expressly enacted that the criminel law of Comilla should be the same as the criminal law of England ; and he pledged say reputation he might have as a lawyer, that it was Moe an illegal act to proclaim martial law in time of peace, and it always rendered neee.sary a bill of indemnity. A bill of indemnity would, therefore, also be necessary there. In what a position did they stand ? They had abolialied the Legislature, and therefore they could not have a bill of indemnity. Then it would become a nice question, how far an act passed here would do, beeati4e they had renounced their authority by the acts which gave a constitution to Canada. Ile knew of one consequence that must result—namely, that if any person who had acted under thnt illegal proclamation came over here within the jurisdiction of the Queen's Bench, and should be served with a writ, he could not plead that pi clarnation of martial law. But he had been informed that proceedings had previously been taken which rendered that proclamation unnecessary. A gentle- man named Colcuel Titters had sued not a writ of habeas ; to which the officer returned, that he had not the body, because Colonel Wetherall had taken possession of it. The writ was then served upon Colonel ‘Vetherall ; and his return was, that he could not answer because his supra ior officers had com- manded him to detain the body : for which answer Ire would have been thrown into the Queen's Bench prison here, and have been liable to a penalty of 3001. ; bet the law there might be differeut.

Lord GLENELG said, the proclamation had been issued under the authority of the legal advisers of the Crown.

Lord Bloconem said, that was no authority at all. Legal advisers did not make law. Because Sir William Follett, or Mn. Creswell, Of Sir John Campbell, said something was law, that did nut make It so.

Lord GOSVORD said, that the district of Montreal had been put under martial law with much reluctance, after the positive declare:Mu of the law officers that the proceeding was legal. Iii all other districts perfect tranquillity prevailed.

Lord BROUGHAM was pleased to hear his opinion of the tranquillity Of Canada confirmed by Lord Gosford; who had drawn a perfect pie.

true- of still. lie : but he much lamented, that in consequeme of dis- turbances in a small portion of one district, it had been deemed nereesary to suspend the constitution and appoint a dictator. (Loud /at/eider ) Mr. LEADER, in the Commons, wished to he informed by the At- torney- General, whether Lord Gosford's proclamation of martial law was legal or oot ?

Loud Jolter Hesse:et. (in the absence of the Attorney-General) said, that in a province win-re a rebellion had broken out, martial law might be declared against persona resisting the G'overtinient.

lesemot said, that was no reply to his question. It appeared that Lord Gositaird had violated the constitution of Canada, by de- claring martial law ; urn act which required is bill of indemnity. Would such a bill he introduced ?

Sir G LORCA: SINCLAIR suggested, that Mr. Leader should introduce the bill himself.

Lord JOHN It I'SSELT. could not say whether a bill of indemnity would be introduce d ; and he did not thnik that, :IS Secretary of State, he could be called emelt to declare what was or what Was hot legal in a court of Mr. LLA twit said, that Sir George Grey bad some days ago pro- miser' air an:wer to his question. If there was to be 110 bill of in- dt !unity, what became of the flubens Corpus?

Sir Grottos: Gime did not expect that Mr. Leader's question would have tuft.' red to the legality of the proclamation of martial law. A bill GI italettitiity lied bit err pissed by the Colonial Legislature, and be coesidered that sufileient.

Here the conversation came to un end. It is manifest that Ministers have no valid defence of Lord Gostord's proclamation ; and so they

shuffle, ate' try to shirk a definite reply to plain questions. The ab- sence of their Law Officers is the very convenient and frequently used excuse of there " statesuree."