Ertracts.
South Australia.— The deaths of Mr. T. Bailey and Mr. F. JHUndcock. It is with sorrow that we re~ cord the deaths of two of our most respected Colonists —Mr. Thomas Bailey, and Mr. Frederick Handcock The following are the detailed particulars, as recounted to us by Mr- Fiederick Jones—Mr. Bailey had left the station of Mr. Jones (the islands on the Murray, about twtnty miles on this side the Rufus,) for his own, fifty miles tuitherfrom Adelaide, on the 14th 01 15th ult. On about the 20th, Mr. Jones received a letter from him saying he might expect him again on the following Friday or Saturday (26th or 27th). On Sunday, the 28th, Mr. Bailey's bullock driver came to the Islands, and said that he bad seen his master on his way thither on the previous Thursday at the Lake (Lake Victoria, about twenty miles distant). The dreadful idea that he had lost himself in the bush flashed on the minds of his friends, Mr. Jones and Mr. Handbook, and it was instantly agreed that the latter should ride over to the spot at which the bullock driver had seen him, and thence fol'ow his track, while Mr. Jones should remain at the station, and send out natives in the same direction. Mr, Handcock left, having with him two loaded double barreled-pibtols, one in his holster and the other in his sword belt, by the report of which he hoped to attract the attention of his missing iriend. An hour after he had left a naive came to Mr. Jones' station, and reported that he had seen a stnw hat floating on a creek, about ei^ht miles distant, and that a saddled horse "as feeding on the bank. Mr. Jones placed him on a horse, and instantly accompanied him to the ipot with one of ins own men. There, on the creek side, wa« the body of Mr. Bailey, and there it must have lain from the Thursday. The mirk of the horse's hoof was distinctly on hi& right temple ; he had evidently been stumed by a kick, and had perished in the water. It was night, and very dailc, but a boat was brought round to remove the body. The creek in which the accident occurred has not usually water in it (Mr. Jones has to this year ouly known it to be a dry gully), but the overflowing of the Murray has swelled the Limba Creek, as the natives call it, ihough in fact it is an arm of the great stream, and the gully had become a watercourse. Mr. Jones rode across the country to his station, and at midnight the relics of his friend were landed. Next morning the funeral obsequies of Mr. Bailey were per formed with such honour as the distant bush could provide. They have been deferred to the last mo - ment with the hope of Mr. Handcock's return, who, as it was thought, would like to take a last shake of his hand. About an hour after this, some natives brought in Mr. Uandcock'i hat and horje. Mr. Jones was much alarmed, for he had supposed him to have gone on to Mr. Bailey's station ; but the nativei (who knew and loved Mr. Handcock) told him they had tracked the horse to the water and that his body was there. We need hardly say that Mr Jones was again immediately in the saddle, and his journey was a repetition of that of the previous day. He was led to the spot where his friend's remain* lay, on the bank of the creek where the natives had placed them : it was only fifty yards from the place where Mi. U.nley had been drowned, and at the junction of ihe nuwly made cieek with the Limbia. He had no wound, or bruise, and had evidently died from
drowning. A better bush man the colony had never boasted, but, unfortunafely, lie could not swim. Messrs. Jones, Handccck, and Bailey, were the only Englishmen who crossed that fatal and recently formed creek — the two former but a few days before. One barrel of the pistol in the holster had been discharged, perhaps for the purpose originally intended, the other was found upon his body still loaded. The rest of the sad story is soon told. The melancholy water journey, and the solitary funeral, need not be a second time described. It was denied to the living to shake the hand of the dead, but not to the two dead men to he for a while together. The age of Mr. B*iley was about 23, and of Mr. H«ndcock3l.— 'South Australian. Thd Convict Townend.— This wretched man, after baffling the law, hy aid of ingenious lawyers, for several months, has at length met the reward of his offences. After a trial almost unprecedented for its duration, and after the ingenuity of counsel had been racked to the uttermost, to screen him from the punishment of his peculations — after the Jury had been locked up a whole night, a verdict of guilty was returned in a case, which not two sane men in the Colony considered a i admitting of the slightest doubt, inasmuch as the piisower had himself confessed to having embezzled monies of the Bank to the extent of £<J, 200. Out the fat 3 of the criminal was not finally decided by the verdict of the Jury. The three Judges w^re occupied during the whole of Monday, even to midnight, in hearing fresh inventions und arguments of counsel, in arrest ol judgment, and towards the nullification of the vei diet. H iving perused these argument*, we are bound in honesty to confess that ws think the n utterly withour weight, and ha'i they succeeded in effecting the liberation of a peculator so notations as Townend, We should no longer have had any confidence in British law. It is fortunate for the public that the learned counsel for the pusoner were unsuccessful, and thai justice has taken its course. The convict To*uend has been sen - tenc^d to seven yeaiV hard labor on the roads or public works, a sentence unquestionably severe, when considered with reference to the social position of the offender. But we are not ef those who think thit a gentleman-felon should be punished more daintily than a vulgar thief. On thecontiary, we have ever held that education, so far from mitigating the guilt of a felon, rather aggravates it. Educated criminals are ever more dangerous than ignorant ones. And hence we cannot refrain from obseivina;, as we have frequently had occasion to do, that education without the Gospel, is an evil to be feared, rather thin agoodto bp desired. While, however, so far as public justice and commercial secutity are concerned, we must rejo'ce in the conviction of Townend, we confess that the Directors | of the Commercial Bank have a vety small share of our •-ympathy. The facts disclosed during the late trial, of glaring incompe'ency and recklessness, in the. management of the property entrusted to them by tlis shareholders of the Bank, that we feel a regret, that | the law of co-uartnery bars the Company from any remedy It seems the unanimous opinion of mercan tile gentlemen, that, considering the facilities afforded to the subordinates of the Bank by the negligence of their superior*, nothing but a series of frauds and embezzlement could have been anticipated. When at length the tremendous secret came out, and peculations and misappropriations involving at least J 12,000, or £14,000, were discovered, then indeed, the Directors made a hullabaloo, and wreaked their vengeance on one or two of the inferior clerks,, whose worst fault was th<\t of acting under the directions of incompetent and culpable supeiiots. No Bank under the management of such men c>m ever merit the confidence of the Colonial public, and we consider the attempt to raise a | new institution on so rotten a foundation as that of the present Commercial Bti'ik. nothing less than an insult to the common sense of the people. It we must have a new Bank, let us have it in the hands o f men in whose capacity and in'egrity the public can feel themselves secure.— Sentinel. Tragical and Melancholy Occurrence.— -Aji occurrence of a most painful and heart-rending character ha* occurred in this city, the particulars of which are briefly as follows:— On Saturday afternoon, three young boys, two of them sons of Mr. Jam a s Wil>on, builder, Gallowgate-street, and the other a son of his brother, Mr. Charles Wilson, were miising. As the rest of the family, with the exception of Mr. J. Wilson, were down the water, the boy's absence occasioned at first na great uueasineßS, as it was supposed that the youngsters, the eldest of whom was about eleven years of age, had set off to join their mother and the rest of the family. As nothing had been heard of them, Mr. Wilson left home early yesterday morning with the intention of proceeding to Heleiwburgh, where the family were, to ascertain if the runaways were there. [Ie had not, however, been long away, when a carter who takes charge of a horse belonging to Mr. Wilson, went to the stable, which is attached to ths wood-yard, for the puipose of procuring some provender for the animal, which had, it appears, been out in a park from the Siturday evening previous. The provender is kept in a corn chest, a box six feet long and about three deep, with three separate compaitments, and secured on the outride with an iron hasp, which fits into a staple in the side of the chest. On opening the lid, the man , was honor-stircken at finding the three young boys lying motionless at the bottom of the che-.t, each occupying one of the compartments. He immediate y summoned assistant c, and they weie taken out ; but it was found that two of them, James Wilson, agdd eleven, and Charles Wilson, about a year younger, were quite dead, and hid been so apparently for a considerable length of time. The youngest, a boy between seven and eight years, the son of Mr. James Wilson, showed some signs that life was not entirely extinct, and by prompt medical attendance and fresh air he gradually revived, io as to bp able, during the day, to state in a coherent manner what had )ed to the melmcholy catastrophe. The brothers and cousin had gone into the chest in search of beans, and while so engaged, the lid, which, as has been already stated, is becured on the outside by an iron hasp fitting into a staple, closed on them. In falling, the hasp, as it most unfortunately happened, fixed into the staple, and all the united stiength of the poor captives was insufficient to enable them to burst the bonds of what, too truly, proved their tomb. On the side at which the. youngest boy was found, ths lid did not fit so close as the other parts, and from the limited supply of air which had been admitted through this crevice is to be attributed his preservation. They had endeavoured to support each other's courage as well as they could in their dismal dungeon ; and before giving- up hope, one of (hem broke the blade of a penknife in the attempt to make an .incision through the side of the dies'-. After they had exhausted themselves by unavailing shouts ami cries, which were not heard on earth, they all joined in prayer to the hearer and answerer of prayer. This is the last circumstance which the surviving sufferer recollects, as he soon after became insensible. To account for no noise having been heard, or no one within call, it may be mentioned that the wood yard in which the stable n> situated is locked up early on tlie Saturday afternoon, and is not again entered till Monday morning. The distiess of the bereaved and afflicted families, who are well known and h ghly rejected, maybe imagined, but it cannot be described. —North British Mail.
It is said that Dr. Wiseman is now on his return fo this country, after a lengthened sojourn at Kama, bringing instructions and authority from the Holy See for remodelling the ecclesiastical arrangements of Ins communion in England. Home has hitherto possessed in England.nothing more than a missionaiy establishment, placed under the superintendence of ' Vicars Apostolic,' who are nominally the Bishops of sees now inpartibus infidelium; and do not assume the titles of the diocess in which they exercise then authority. The present erder of things is now to cease ; Catholicism having, in the opinion of its rulers, attuned a sufficient extension in England to warrant the re-establialinient of the hierarchy, with all its ramifications of ecclesiastical government — Deani, Chapters, Archdeacons, Eccle•iastical Courts, &c, &c, — as it existed prior to the Reformation, and at present exists in Roman Catholic Ireland. There will be, it is said, two Archbishops for the provinces of Canterbury and York, with ei^hfc Bishops subordinate. These new Roman Bishops will not, however, assume the titles of the sees at present occupied by the Bishops of the Established Church, but will take their designations from other places not heretofore episcopally dignified : as Birmingham, .Nottingham, Derby, Liverpool, and other populous centres of Roman Catholic influence. Dr Wiseman himself, it is said, will succeed, under a new title, (ihat of Bishop of Westminister,) to the administration of the affairs of the London district, in the room of Dr. Griffiths, Bishop of Olena, lately deceased. — Oxford Herald. The Times gives authenticity to a current report as to the opening of a semi-diplomatic communication between the Biitish and Roman Governments—" The Earl of Minto, now on hi> road to Turin, will extend his tour to Rome ; and, though not accredited by any official introduction, or investsd with any formal representative character, will be enabled by his presence at the Pontifical Court to facilitate the circuitous intercourse between two states which have so lensibly perlisted in blocking up the ordinary channels of a necessary communication. The position and connexions of his Lordship will be an iramei'Hie and sufficient guarantee of his, responsibility, and will confer upoa him mach of that authority which it is as yet forbidtlca more directly to delega'r, while his known qualifications for such a mission supply a complete assurance that the interests and honuur of England will be sale in his hands. In this way it is expected that Ministers may be enabled to communicate with a friendly state at a very critical period of its fortunes, without rendering themselves liable to the accumulated penalties which, our ingenious ancestors devised for treason. As soon as Parliament meets, the letter of the law miy be brought into accordance with the spirit of the a^e ; and, after we have graciously recognized the palitical ex &tence of a power which at present comiiiniids the earnest and practical sympathies of half the population of. the island, Lord Minto may he boldly invested with a title befitting the functions he must necessarily discharge." Scottish Representative Pr.nris,— The election of sixteen Scottish Representative Peers took place at Holyrood on Wednesday. The choice fell on the following. —Marquis of Tweedale; Earls Morton, Home, Earlie, Leven, and Melville, Selkirk, Orkney, and Seafield-, Viscount Strathallen ; Lords Saltoun, Gray, Sinclair, Elphinstone, Colville of Culross, Rollo, nnti Polwarth. The only alteration in the list from that of the representativei of the peerage in the late Parliament is the substitution of the names of Lord Elphinstone and Lord Rollo for those of Viscount Arbuthnott and Lord Reay. Lord Dandonald was among the unsuccessful candidates. The New Peerages.— The Gazette of Tuesday announces that the Queen has directed letters patent to be passed under the Great Seal, granting the dignities of Viscount and Earl of the United Kingdom to General the Ri^ht Hon. John Biron Stafford, of. Harmondsworth, Middlesex, and the heirs male of his body lawfully begotten, by the names, styles and titles of Viscount Enfold, of Enfield Middlesex, the Earl of Stafford ; also granting the dignity of a Baion of the United Kingdom to Archibald Acheson Esq. (commonly caUed Viscount Acheaon), and heirs male of his body lawfully begotten, by the name, style, and title of Baron Acheson, of Clanclarney, county of Armagh ; alao granting the dignity of a Baron of the United Kingdom to Richard Barou Cremorne, and the heirs male of his body lawlully begotten, by the name, style, and title, of Baron Dartery, of Dartery, county of Monajjl'an j also granting the dignity of a Baron, of the United Kingdom to Sir Richard Bulkeley Phillips Phillips, Bart., and the heirs male of his body lawfully begotten, by the name, style, and title of Baron Milford, Picton Castle, Pembroke.— Bell's Messenger Sept. 6. Items of National Expenpiturc— Law and. justice costal ,ooo,ooo per annum : education, set* ence, and art, are managed for ,£530,000. The postage of Lord Palmerston's department alone comes to per annum. The expeacesof the Poor Law Commission are rather more tfean double those ot i all the university academies, literal y societies, and schoo's of deiign in England, Scotland, and Ireland taken together, and somewhat more than two- thirds of the sum appropriated to the medical relief of the sick and helplesi through the British I*lands. The expenses and salaries of the two Houses ot Parliament are ordinarily defrayed, at far as possible, by fees, the deficiency being made up from the national exchequer. The amount is usually from to £70,000, but during last year the fees of the House of Commons were more than sufficient to defray the whole ex« uense.— Bell's Messenger Sep. 6The Money -order Office,— During the last year there were issued in the United Kingdom 3,515, 617 money ordeis, the amount of which came to £7, 47 J 056,165. 3d. The number in the same time wh« 3,509,81)3 ; amount, £7,044,097 Bs. 6d. Total issue and paid, 7,024,882 ; amount, i? 14,125,453, 10s. 9d. The amount of commission upon these orders for the year readied the eitraordinaiy sum of £55,550 2sThe cost of minagement in the office in London, Edinburgh and Dublin, the sums for compensation, reached XJ29,574,X J 29, 574, 19s. 5d., and the net amount of commission paid into the revenue was .£38,228. Of the number of seven millions issued and paid within the year, about one million and a half are issued and piid in London alone. — Britannia, Christenings. — Now of names. Surely 1 have enteied on the register the strangest imaginable. A. mason's wife, and belonging to the next parish, presented rec urchin. What took placo is exactly as follows •.—". — " Say the name," gaid 1, with my finger in the water. *' Acts, sir," said she '• Acts," baid 1, •' whit do you mean ?" Thinks I to myself, I will «.t the clerk to spell it. He did, Acts— .go Acts was the babe, and will be while in this life, and will be doubly, trebly, so registered, if ever it marries or dies. A't^rwurds, m the vestry, I asked the good woman what made her choose such a name. Her answer verbatim :— " Why, sir, we bo leliijious people , we've got four on'ein already and they bec»a'ld Matthew, Mark, Lube, and John, and so my huibdnd thought he'd compliment the Apostles a bit. 1 ' 1 have no doubt bhc will goon to ii^yclfttione, — Bhtckwood.
WATER CRESS. Mo*t persons are acquainted with the water-cress and its Balutdi'y properties : they know generally that it grows in brooks, and on the borders of fresh and running streams. Few, however, of those who, in the busy thoroughfares or quiet suburbs of London, hear the cry of ' watrr ci e-e-ses,' or see in their daily walks the old red cloaked women sorting the little bundles at the corners of streets, Imve any ideu that the cultivation of this esculent now forms an impoitant branch of horticultural and commercial industry ; which) from the increasing consumption, and u*e made of the plant in pharmacy, is gradually rising into consequence. In the present day, the water-cress may be found on almost every table, from the highest to the lowest. It is one of the most powerful antisroibutics with which we are acquainted, and it is said to possess the property of exciting the appetite and fortifying the stomach. We huve no certain information that it is cooked in any part of England, as 11 occasionally the casein France,; bat in ths noith of German j, to which country we owe its original cultivation, it is boiled and eiitcn as spinach. In an old botanical work, we are told that the watery part of Tolhill Fields, Westminster, wasove>-» run with water cress, and that it grew on the bunks of the Thames in several places. The same woik also enumerates many places in England where thisiefreshing vegetable was abundant; and it is now known that, like many other of the «imple but useful productions cf nature, which, in their natural vaiietie«, abound wherever they may be beneficial to man, it is to be found in most parts of the woild. It is of the Cruciferous family, which comprehends about twenty species, all possessing high anti-corbutic properties, and of the genus Nn,\lurlinm, ' said to have been so called from the eUtct us acrimony produces on the muscles of the nose — nasus lorlus; signi* fying a convulsed "nose' The common cress is known as Nasturtium oflicmalc, and presents two varieties, the gteen and the blue, which by cultivation have been rendered far superior to what they were in their wild state ; being less aciid, and not so liable to contract the taste of ilime and mud as those found in ditches and marshes. Fifty years ago, a considerable pioportion of the supply that found its wny to the metropolitan market was gathered fiom the numerous little streams which intersect the meadow 3 near tke towns of Newbury and Hungtrford, in the county of Berkshire, doni which places it was brought in sack 9 by the stage coachmen of the dny, who bhared in the profits of the salp. The iirst attempts at regular cultivation in the neighbourhood of London, appear to have been made in the year 1808 at Springhead, a vill.ipe near Gravesend This plantation still exists, and is sometimes visited by the frequenter* of the well-known semi-watering place jnit mentioned, for the purpose of regaling themselves with a fresh-plucked talad and bread and butter. Another plantation was afterwards commenced in Surrey, but subsequently abandoned. '1 he culture, however, continued to spread, particu'arly in localities favourably situated with regard to springs of water. Near Rickmansworth, in Hertfordshire, where there is a fine stream running over a chalky bottom, thero are now about fifteen acies under cultivation. The Springhead plantation consist* of /our acres, while on the opposite side of the Thames, at Waltham Abbey, in Essex, is another of six acres. These, though exten tive, are insufficient to meet the demand of the huge metropolis. Other supplies are obtained from greater distances. From Uxbridge and Salisbury greater quantities aio forwarded to London, packed in hampers, every day in the year excepting Sundays ; and some idea may be formed of the enormous consumption from the sum total of the annual sales, which amounts to more then .£lo,ood. The culture of cress requires much attention and watchfulness, especially In winter, in which season, during a single night, a sharp frost may destroy a whole plantation, it too remote from the springs to retain their mild temperature. The ground is generally laid out in parallel trencher, separated by small mounds, on which succulent vegetables may be grown. The bottom should be covered with several inches of sandy vegetable earth, perfectly level and equalised, so that the water may have a regular flow in every part. The months of March und August are the most favourable for putting in the plants, which are generally set in suckers or tufts, eight or ten inches apart. A well-planted trench will be in full bearing after the first year, according to the temperature of the water and the naturo of the soil. The activity of the vegetation depends particularly on the state of the atmosphere ; but if the plantation has been made with care, and the plants well chosen, it will lequire no other precautions, with the exception of occasional weedings, than those necessary to guard it from winter frosts, and the irruption of foul and muddy water ia thaws and storms. In favourable seasons the cress may be gathered every three weeks ; but in cold weather, two months are sometimes required to bring the plants to perfection. After these gatherings, it is customary to roll and level the bottom of the trench, or to manure when requited. A good plantation will last a long time ; but it should be renewed by the sume process as at first, whenever it shows signs of decay. Sometimes, in frosty weather, the supply of water it increased until the plants are completely covered ; but as this submersion weakens them, it stiould not be continued longer than absolutely necessary. Mr. Loudon describes the process as follows:— ' Some market gaidenerg, who can command a small stream of water, grow the water-cress in beds sunk about a foot in a rettntive sjil, with a very gentle slope Jrom one end to the other. Along the bjttoin of this bed, which may be of any convenient length and breadth, chalk or gravel is deposited, and the plants are inserted about six inches every way. Then, according to the slope and length of the bed, dams are made six inchei high acrogs it, at intervals ; so thut when these dams are full, the water may rise not less than three inches on ail the plant-, included in each. The water being turned on, will circulate from dam to dam . and the plants, if not allowed to run to flower, will afford abundance of young tops in all but the win • ter months. A stream of water no larger than what will fill a pipe of an inch bore, will, if not absorbed by the soil, suffice to inigate in this way an eighth of an acre. As louae of the plants are apt to 'ot off in win'er, the plantation should bo laid dry two or three times a yea--, and all weeds and decayed purts removed, and vacancies filled up. Creas grown in this way, however is far inlenur to that grown in a living stream flowing over gravel or chalk.' The history of the cultivation of this plant on the continent affords some interesting pamcular*, which serve to exemplify the advantages that accrue, with proper attention, from the apparently humblest objects. About the beginning of tlie present century, an attempt was made to form cress grounds in the neighbourhood ot Paris, similar to those then common} on the banks of the Rhine, by the Count de Lasteyne ; but without success; while the markets of that capital were supplied only by peisona who travelled to distances, sometimes of forty leagues, collecting the cress wherever it could be found. The supply was seldom (sufficient to saiufy the limited demand, although it
frequently coniisted of nothing more than bunches of marshy plants masked by a few spiigs of the genuine vegetable. In the winter of 1809, Monsieur Cardon, then principal dnector of the hospital elicit of the grand aiiny, was quaitcred with his staff at Etfurt, the capital of Uppur Thuringia. Walking one day in the environs of the city, when the earth was covered with snow, he whs astonished by the sight of several long trenches from ten to twelve feet in width, covered with the most brilliant green. Curious to know the cause of what appeared to be a phenomenon at that season, he walked towards them, and perceived \vi!h the greatest surprise that the trenchpß formed a large plantation of watercress, presenting the aspect of a verdant carpet on a surliice in every direction while with snow. In answer to his inquiries, M. Cardon learned that the plantations had existed for many years, and belonged to the authorities of the rtty, from whom they were icnted by the cultivators at ihe annual sum of JE'24OO. Since that time, however, their value has greatly incrrased. From a stnteroent published in 1830, we find that the annual return then amounted to more than .£8000; and that the cresi, highly esteemed for its purity and supeiior qualities., was sold in all the cities on the Rhine, and in the markets of Berlin, at a distance of 120 miles from the place of its growth. M. Cardon forebaw the benefits that might be expected to arise from the introduction of this branch of hort.cultural industry into the neighbourhood of Pans; and, alter a long search, found twelve actes of a thin sandy alluvium at St. Leonard, in the valley of the Nonette, between Senlis and Chontilly, which, containing many beautiful limpid springs at a lempuature of 59 decrees, appeared to be well adapted tor a cress pliinialion. Ho engaged two well-informed individuals from Erfurt who were acquainted with the method of cultivation. The ground was Itiid out in tieticb.es of 250 feet in length by 12 ft et in breadth, which, were, however, afterwards reduced to one-half of those dimensions, as it appealed the water lost its natural temperature, and froze in the winter, by flowing over so large a mrface. In a few years, alter an expenditure of j£3200, there were !)2,0U0 square feet under cultivation. It was no longer the cress clandestinely gathered, often in flower, or run to seed, that was exposed for mle in the French metropolis. The cress of St. Leonard arrived, packed with a care to which the Parisians were strangers. Its freshness and purity were such, that the market-women, of their own uccoid, offered double the usual price before any demand had been made ; and, in testimony of their high satisfaction, feasted the journeyman cultivator, who had come to superintend the sale, and the wagoner, and sent them home decorated with ribbons and flowers. Much greater ptecaulions appear to be taken in the packing and transport of the cress in Fiance than in this country. The Fiench groweis arc particularly careful in warm weather, and guard the plants from exposure to the least storm, as they then turn yellow. They pack them in baskets, which contain from twenty five to thirty dozens of bunches, to arranged as to leave a circular opening or chimney up the centre, which always remains empty. The baskets are then placed on raili fixed across a wagon, so as to permit a free current of air through all the openings; and in the summer, before putting on the tilt, the whole are well watered, to preserve their ireshness during the night, and they are delivered at the market early in the morning in the most perfect condition. The regularity of the arrivals and constant freih ness of the cress sent every day from the grounds at St. Leonard's, [not only insured the success of the scheme, but brought foiward a host of competitors. M. Cardon's German workmen left him to commence rival establishments; and there are now in the environs of Pans sixteen plantations, producing annually 1,350,000 dozens of bunches, valued at XJ37,800X J 37,8O0 ; and adding the charges of transport, and expences of all the individuals employed in this branch of trade, which, a few years ago, had no existence, the sum actually circulated amounts to not less than £00,000. Formerly, the sale in Paris seldom amounted to more than £20 daily in the best season ; whilo at the present time, a supply of not fewer than twenty wagon loads, worth £240, is required to meet the daily demand.— Ckambcrs's Edinburgh Journal.
CAN A JUDGE BE SUED IN HIS OWN COURT? To maintain the dignified and independent position of a Judge, is of the first and last importance to the iutereit of every community that boasts itself of British origin. Our constitution hs>s wisely taken the utmost pains to ensure to those learned individuals intrusted with the administration of juiticc that independence neceisary for the preservation of their in* tegrity. The commission of a Judge formerly given dm ante betie placilo — held during the pleasure of the ruling prince, or until the demise of the kinij, is not in these days affected in the least degree by change of succeision. These important magistrates are not dependent for the continuation of their oftice upon any political event. The only limit to duration of office very properly depends upon thems< lvcs ; nor can they be removed quurndiu bene se yesserint. Our attention has been directed to a paragraph reflecting npon the conduct of one of our Judges, which appeared in the Advertiser a week ago. It ran as follows :— M'Mi;khan v. Judge Montagu. — The Chief Justice gave h« decision in this case yesterday at Chambers. He made the summons absolute which Mr. Justice Montagu had obtained to show cavie why the p.aintiff's action should not be dismisied on the ground of illegality, on account of Mr. Justice Montagu being one of the two members of Court, and on that account not liable to be sued. Hib Honor the Chief Justice felt himielf compelled to give effect to this pleu, and he therefore made Mr. Justice Montagu's summons absolute, and in consequence of which the plainlijj's action is dismissed, and he is therefore without any remedy in recovering tho debt lucd fur, amounting to i? 280 ; a debi sicmcd by the acceptance of Mr. Justice Montague, and ,which was incurred about leven years ago. Tho ground upon which the Chief Justice sustained the plea of Mr. Justice Montagu was on account of his Honor forming an integral part of the Court ; and as every judgment recovered is a judgment of the Court, and implies the concurrence of both Judges, a judgment theiefore could not be legally given, because that would require the concurrence of one of the Judges agiiinst himself. In timil.tr cases in England, the case wai different. There the Supreme Courts are not by law requited to consist of any particular number of Judges ; and when an action is brought against a judge in one of these Courts, his name dots not necessarily appear, and the other judges arc a Court without him. But the question m the present case was — Is the Puibiu- Judge buch an integral part of the Court thut no judgment can be given without him ? and as already staled, the Chief Justice found that the Puisne «'udge was such an integral part of the Court, and that it wuh not constituted without him. A recent case decided by the Privy Council was referred to, being a case brought by appeal before the Council, by Sir Ebenezer Hill, Governor of Trinidad, •gainst [a plaintiff who obtamcu & judgment, against
him in the Court of Trinidad, for the value of a quantity of silver plate, The Privy Council decided iv favour of the judgment given by the Couit of Trinidnd, and in giving the Judgment lorae important general principles are laid down. Although a Governor can be sued during the time he is Governor, nnd his goods and chattels taken in execution, his person is protected. Even the sovercii»n himself can be, sued, and his goods and chattels taken into cxe< ution ; and, as already stated, a Judge ran not only be sued, but Ins person can be taken in execution ; by the law of England no one is placed beyond the laws in leferenco to the payment of debts. That result, however, has taken place here for the reasons already stated.~ Jlohart Town Ailvcifiscr Nov. 21. No notice having been taken of the statement, we muit nsiume it to be comet. And if to, we t-sU whether it is just to the public, or consistent with the dignity of the Supreme Court of tins colony, that the adminibtration of justice should be placed in such 1111 anomalous position ? Such, however being the ca*.e, and with the fact before the public of a Judge availing; humclf of his position to deter a suitor from recovering a just claim, we consider it to be the solemn duty of the Executive to interfere. The case ii now jmblici juru. The Judge hitmclf has so made it. We regret the occasion which obliges us in the discharge of our duty to make these remarks. The public good, perhaps its safety, requires facts like these to be pub - licly noticed. A moral anomaly of such a kind cannot bo palliated or passed over. An act has been committed winch destroys the confidence of the public in the judgment of their highest- couit of judicatuie. Must we not fear that it may also warp the integrity and fetter the independence of the Judge ? Tuis miikt be so, miles'; we bdiuve thUa Judge may shelter hnnstlf by the yEgis of his own court from the perlomiance of a mor.il obligation which no private individual could set at defiunce without losing ciste. The public look to the Executive.— ll. T. Cornier.
Truth— Truth needs the wisdom of the serpent as well as the simplicity of the dove. He has gone but a little way in this matter who supposes that it is an easy thing for a man to speak the truth " the thing he troweth," and that it is a casual function which may be fulfilled at once after any lapse of exercise. But, in the first place, the man who would speak the trutli must know what he troweth. 'io do that he must huve an uucorrupted judgement. I?y this is not meant a perfect judgement, or even a wise one ; but which, however it may be biasied, is not one boutht— is still a judgement, Some people's judgements are so entirely pained over by vanity, ■elfish' ness or pasuon, or inflated prejudices and fancies long indulged in, or they have the habit of looking at every thing no carelessly, that theyjsee nothing truly. They cannot interpiet the word of reality . And this is the saddest form of lying, " the lie that sinkcth in," as Bacon says, which becomes part of the charucter, and goei on eating the rest away. They who seek nothing but their own just liberty, have always a right to win it, and keep it whenever they have the power, be the voices never so numerous that oppose them. — Milton.
Permanent link to this item
Hononga pūmau ki tēnei tūemi
https://paperspast.natlib.govt.nz/newspapers/NZ18480219.2.9
Bibliographic details
Ngā taipitopito pukapuka
New Zealander, Volume 3, Issue 180, 19 February 1848, Page 3
Word count
Tapeke kupu
6,423Ertracts. New Zealander, Volume 3, Issue 180, 19 February 1848, Page 3
Using this item
Te whakamahi i tēnei tūemi
No known copyright (New Zealand)
To the best of the National Library of New Zealand’s knowledge, under New Zealand law, there is no copyright in this item in New Zealand.
You can copy this item, share it, and post it on a blog or website. It can be modified, remixed and built upon. It can be used commercially. If reproducing this item, it is helpful to include the source.
For further information please refer to the Copyright guide.
Acknowledgements
Ngā mihi
This newspaper was digitised in partnership with Auckland Libraries.