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Sydney Gazette

TUESDAY, MAY 17, 1831.



A letter from our London Agent advises us of papers and periodicals by- the convict ship America, which sailed, for Sydney direct, at the latter end of December. Although our parcels by the Funchal, to the 5th or 6th of January, have not yet come to hand, we have be- fore us, through the kind attention of a gentleman, to whom we offer our grateful acknowledgments, the London Times of the 27th of December, of which we hasten to give our readers the substance.

Their Majesties were still at Brigh- ton, in the enjoyment of excellent health and spirits. On the 26th their Majes- ties attended divine service and received the Sacrament at the Royal Chapel, to- gether with the Duke of Sussex, the Landgravine of Hesse Homburg (our Princess Elizabeth), the Princess Au- gusta, and Prince George of Cum- berland. The Bishop of Winches- ter officiated, assisted by the Rev. Mr.


The nuptials of Lord Falkland and Miss Fitzclarence were to take place at Brighton on the 27th. His Majesty was to give away the bride in person. Tho Bishop of Winchester was to per- form the marriage ceremony, after which the happy pair would take leave of their Majesties, and proceed to Cumberland Lodge to spend the honeymoon. This marriage would complete the matrimo- nial alliances of that family in the female line with the nobility of England. This fine family consisted of nine children, all the females of which (five in number) are now married. The husbands of these ladies are, the Earl of Errol, the Hon. Erskine Kennedy (second son of Earl Cassilas), Mr. P. Sidney; (only son of Sir James Sidney), the Hon. Colonel   Fox, and Lord Falkland. Unmarried are, Captain Adolphus Fitzclarence,

R. K., and the Rev C Augustus Fitz-

clarence, Rector of Maple Durham. Theo King was sitting for his portrait to Sir William Beechey.-A series of parties was to commence immediately at

the Pavilion.

The practice of " firing" had nearly disappeared, although some few outrages of that description had lately occurred in Norfolk and Devonshire. In some parts of Lancashire the spinners were striking for an increase of prices. In two facto - ries only, about 3,000 persons had turned out. The manufacturing districts had experienced a partial revival in trade.

The trials of the incendiaries were

still in progress at Winchester, and very numerous capital convictions, and several executions, had taken place. It was apparent on the face of the proceedings, that the unhappy culprits were in the most deplorable state of ignorance and mental degradation, and were hence goaded by starvation to the destruction of that very machinery which kept down the price of bread, and to lay

waste the corn itself on which the ma-

chinery operated. The Times justly and forcibly complains of the neglect which the brutal stupidity of these infatuated men proved them to have suffered from those whose duty it was to provide for their moral instruction. " The present population," observes that journal, "must be provided for in body and spirit, on more liberal and Christian principles, or

the whole mass of labourers will start into legions of banditti-banditti less criminal than those who have made

them so-than those who, by a just but fearful retribution, will soon become their victims." They were in every in- stance treated with great lenity by the Judges who tried them, and it was be- lieved that for the most part their sen- tences would be commuted. Three ships were said to have been taken up for the purpose of conveying them to New South Wales. Here,, poor fellows ! they will have no temptation to "break"or" burn," for they will have enough to do and plenty to eat.

The Report of the House of Com- mons' Committee on the Civil List had been printed. Immense savings were recommended in the diplomatic depart- ment. Reductions had been already in- troduced by the Wellington Ministry, to the amount of nearly twenty per cent. Our diplomatic relations with the new South' American states had averaged, during the previous five years, about £34,000 ; it was now proposed to sub- stitute for this large sum an estimate of £18,050. Adding to this the charge for the new sovereignty of Greece, £2,600, the total estimate for the new states of America and Europe, is £20,650. " This charge," says the Times, " added to the estimate of our old diplomatic expendi- ture on the reduced scale, would not amount to £140,000, or in other words would fall short of the estimate of 1820, with all the new Missions included.

Thus a saving of nearly £40,000 has been effected under the head of salaries and allowances for house-rent alone. Allowances for journeys-rather a con- siderable source of expense-have been entirely abolished, and great reductions have been effected in the item of outfits. The former regulation will give a saving of about £5,000 a year, and the arrange- ment for the latter a reduction of from £6,000 to £10,000." At the previous settlement of the Civil List, the estimate for " Diplomatic Pensions" was £52,000. The Finance Committee recommended its reduction to £40,000, and on this scale all late grants have been graduated. The salaries of Consuls are to be re-

duced, and the deficiency supplied bybthe old system of mercantile fees on a very

moderate scale.

The Marquis of Anglesey arrived in Ireland on the 22d. " Upon the whole," says an Irish correspondent, " the re- ception was anything but gratifying to his lordship." On the same day, the Lord Chancellor (Sir Anthony Hart) took farewell of the Bar, the father of which, Mr. Sawrin, delivered a vale- dictory address, couched in the most affectionate terms. His lordship took

leave with much emotion.

Lord Plunkett was sworn in, at Dublin, as Lord Chancellor of Ireland, on tbe 23d, in order that he might at- tend, in that capacity, on the same day, at the swearing in of the Marquis of An- glesey, at the Privy Council. Mr. Pennefather had decided upon not accepting the Attorney-Generalship, and the appointment had been given to Mr. Serjeant Rlackburne. The Chief Baron (Mr. Standish O'Grady), having got his peerage, had, it was said,

positively declined to retire from the Bench, until -he should be paid a sum of £16,000, the amount of fees funded during the suit between him and the Crown, as to the right of appointment to the Clerkship of the Pleas.

Parliament was to re-assemble on the 3d of February, on which day Ministers were to bring forward, in the House of Commons, three important motions : 1st, Lord Althorp would move for leave to bring in a Bill to prohibit the growth of tobacco in Ireland; 2d, Sir J. Mac- donald would move the re-appointment

of " a Select Committee on the renewal of the East India Charter;'' and, 3d, Mr. Spring Rice would apply for leave to introduce a Bill ,( to equalize the po- litical rights of Protestants and Catholics in the town of Galway,"-a question re- specting which some scores of petitions has been presented to both Houses.

His Majesty had been graciously pleased to transmit to Scotland, for the purpose of being deposited along with the Regalia, in the Crown Room of the Castle, a beautiful massive golden collar of the Garter, with rose-diamond and enamel- led George, left to his late Majesty King George IV. by the deceased Cardinal   York ; and an ancient rose-diamond    

badge of St. Andrew, and sapphire ring, set round with brilliants, being Charles I.'s Coronation ring. The former of these jewels, which weighs about three pounds, was presented to King James VI. of Scotland by his Queen, and worn by that monarch.

It appears that Sir Walter Scott is still deeply involved in pecuniary em- barrassments. A meeting of his creditors was held at Edinburgh on the 17th De- cember, when the following noble re- solution, alike honourable to the creditors and to the worthy debtor, was unani- mously passed :-" That Sir Walter Scott be requested to accept of his fur- niture, plate, linen, paintings, library, and curiosities of every description, as the best means the creditors have of ex- pressing their very high sense of his most honourable conduct, and in grateful ac- knowledgment for the unparalleled and most successful exertions he has made, and continues to make, for them."

The scrutiny of the Preston voters which had been demanded by Mr. Stan- ley, the unsuccessful candidate, had been relinquished by that gentleman, and on the 24th, Mr. Hunt was consequent- ly declared, by the returning officer, duly elected. Mr. Stanley, however, de- clared his intention of bringing the sub- ject before Parliament, having retained Mr. Serjeant Merewether as his coun- sel for that purpose.

The receipts of the first nine weeks of the railway between. Liverpool and Man- chester, for passengers alone, exceeded £18,000 sterling !

Having given a summary of the do- mestic news, we now turn to the foreign.

France.-In France there was still a very strong spirit of discontent, which, during the week commencing the 20th of December, broke out in Paris in the most alarming commo- tions. On Monday, Tuesday, and Wed- nesday, the capital was one scene of anarchy and dismay. Crowds of the lower orders were rushing to and fro, headed by black flags, and exhibiting

marks of the fiercest excitement. These

outrages were the more dangerous, as they were the result of a settled plan to dis- arm the National Guard, to assault the Palace, and to overthrow the existing in- stitutions of the state. It was said that a Provincial Government had been ac-

tually organized, and that every thing was ready for a new revolution. Some of the National Guard took part with the mob, and delivered up their arms. The King displayed the greatest firmness, presence of mind, and activity. He

rushed with the National Guard into the thickest of the crowds. The young students of the Polytechnic school were called upon by the insurgents to, join their ranks, but those noble-minded young heroes sallied forth in a body to assist the constituted authorities in put- ting down these disgraceful proceedings. By Thursday tranquillity had been pretty well restored, and the whole city was on that night splendidly illuminated. A let- ter of thanks from the King to Gene- ral Lafayette, the commander of the National Guards, was published in the Moniteur, followed by a similar one from the General to the Guards. From 300 to 400 persons had been arrested in the commission of riotous acts, or in the em- ployment of seditious language ; and

more arrests were still ordered.

Sentences of the Ex-Ministers.-The trial of Polignac and the other ex-

Ministers had been just brought to a

close. Their sentences were as follows:   M. de Polignac, transportation for life; M. DE PEYRONET, imprisonment for life; M. DE Chantelauze, imprisonment for life ; M. Guernon de Ranville, im- prisonment for life. The votes of the peers are thus stated :-On the sentence of Polignac, there were, for death, 4; for perpetual imprisonment, 24 ; . for transportation for life, 128. Those who voted for death did not pronounce the fatal word, but gave in their sentence in this form,-" The severest punishment provided by the penal code. On that of Peyronnet,' the votes were, for tempo- rary imprisonment, 1 ; for transportation for life, 68 ; for perpetual imprisonment, 87. On that of Chantelauze, for tem- porary imprisonment, 4 ; for transporta- tion for life, 14 ; for perpetual imprison- ment, 138. On that of Ranville, for . transportation for life, 16; for perpetual

imprisonment, 140.-During the trial, Madame de Polignac threw herself at the foot of the King and Queen. She wished, she said, to go with her children into the midst of the people, to suppli- cate the widows and orphans of July to prevent those disastrous days from adding to the number of widows and orphans!

Corsica was very impatient under the new French Government. Some agita- tors, excited by persons allied to the ex- Imperial family, publicly shouted " Vive

Napoleon II." Placards had been

posted up during the night in the streets of several towns in the island, and songs were sung by numerous groups, pro- claiming young Napoleon Emperor. These disturbances, however, did not ap- pear to be of a serious nature.

Poland.-The Polish revolt had not

been put down, but the Emperor was taking very prompt and threatening measures. He was marching against Warsaw at the head of 80,000 men, using all possible despatch, in order to reach Poland before the Polish forces were organized, or the Provisional Govern- ment generally obeyed.

The Times remarks

" That the Poles need expect neither acquiescence in their demands nor pardon for their revolt, from the Emperor, we have all along declared our conviction ; but the fact is now placed beyond doubt by the last news from St. Petersburgh. In the official Gazette of that capital, dated the 9th inst. (December), the Russian Government pub- lishes the report of the Grand Duke Con- stantine on the first movements at Warsaw, on the 29th and 30th ult., calling the insur- rection an " infamous treason", and " most deplorable event", and designating the citi- zens and troops who commenced or joined in it as rebels and enemies of order. The Grand Duke mentions that he had taken the most decisive measures to extinguish the insurrection and to establish tranquillity. The army of Lithuania, be adds, had re- ceived orders to march upon Poland, and the first corps of infantry and three of ca- valry were already approaching the frontiers.

" The Emperor is stated to have been

thrown into a violent state of rage and in indignation at the news of this "rebellion." He immediately proceeded to the meeting   of a chapter of St. George, composed of the great dignitaries of the empire and the superior officers of the army, who shared his indignation. The members of the chap- ters embraced the knees of His Majesty, and swore to punish the outrage offered to the authority of their Sovereign.

" The Poles are, no doubt, already ap- prised of this gathering tempest, and pre- pared to take shelter from its violence in the union, courage, and patriotism of their whole population. A most sanguinary con- test may therefore soon be expected."

The Netherlands.-Nothing of an official character had transpired as to the

result of the conferences of the Ambas- sadors of the great Powers on the Belgian question. It seemed, however, to be generally understood, that the indepen- dence of Belgium would be recognised, on the condition of its being a monarchy. But a French newspaper, Le Temps, af- firms that the five Great Powers had already acknowledged its independence,

and that the election of Prince Leopold

by the National Congress was spoken of. In France, adds that journal, we hope to see a French Prince and an English Princess upon this throne. In another paragraph it states, that in a soiree of the Palais Royal, the Princess Mary was complimented by Marshall Gerard up- on her near elevation to the Belgic throne.

Switzerland.-A correspondent at Berne writes as follows, under date of

the 18th Dec. : -

" A letter from Paris, the authenticity of which is not to be questioned, states, that two Swiss Envoys (whose names are given),

lately applied to the Minister for Foreign. Affairs, and requested him to declare what would be the conduct of France towards Switzerland if a war should break out ? The Minister replied that France was resolved to respect the neu- trality of Switzerland, and treat the Swiss as ancient friends and allies ; and that she would not interfere in their internal affairs, but that the moment a corporal and four

Austrian "soldiers should violate the Swiss territory* France would enter it in arms. The courier from Milan announces positively, that Austria has demanded of the Swiss Directory a free passage for troops in case she should be compelled to act in a hostile manner against France. It is not said whether this request has been acceded to, The canton is still in the highest state of fermentation. Intimidated for a moment, and forced to promise concessions, by the proclamation of the 6th instant, our Go- vernment has again resumed its courage, and has resolved to put off the performance of its promises. On the very next day, all petitions were prohibited, and arrests have taken place at different bailiwicks at the


Such is a rapid sketch of the present state of Europe. Grim-visaged War still seems anxious to ravage and desolate the nations. France is rent by internal factions ; Poland is doomed to bleed be- neath the iron hand of Russia; Austria, like an impatient steed, champs the bit, and is ready to burst the reins of pru- dence; Switzerland trembles between two fierce fires ; and the Netherlands alone bid fair to yield to the pacific in- fluence of treaty and negotiation.

Our remarks on the liability of Bri- tish subjects for offences committed against the natives of New Zealand, in the Gazette of Saturday last, have been noticed by " A Friend to Discussion,'' in a very sensible letter which appears in another column. Our correspondent, however, seems not clearly to under- stand the reason why we cited the case of the King against M'Dowall, or the grounds upon which the court arrested judgment. We cited that case because, in our opinion, it established the prin- ciple, that the Supreme Court of this Colony has jurisdiction over such of- fences only, committed at New Zealand, as would be cognizable in the courts in England ; and then proceeded to enquire if a British subject could be proceeded against in England for an offence com- mitted against a New Zealander, at New Zealand ? But our correspondent is also in error, with respect to the ground upon which the Court arrested the judgment in that case. The late New South Wales Act (4 Geo. IV. c. 96, § 3), under which the case was tried, gave the Su- preme Court power to " inquire of, hear and determine all treasons, piracies, felonies, robberies, murders, conspiracies, and other offences of what nature or kind soever. But the prisoner was indicted for the offence of cutting and maiming, under a particular statute, which statute was held by the Court not to apply to the locus in quo. Had he been indicted for an aggravated assault, the conviction

must have been sustained.

Since the publication of our remarks however, we have been referred to an Act of Parliament, the 57th Geo. 111. c. 53 (cited also by our correspondent), which, although not very precise in its wording, we think may be fairly con- sidered to meet the case under considera- tion. It is intituled " An Act for the more effectual punishment of murders committed in places not within his Ma- jesty's dominions;" and after reciting, that whereas grievous'murders and man- slaughters have been committed at the settlement in the Bay of Honduras in South America, the same being a settle- ment, for certain purposes, in the pos- session and under the protection of his Majesty, but not within the territory and dominion of his Majesty, by persons residing and being within the said set- tlement ; and the like offences have also been committed in the South Pacific ocean, as well on the high seas as on land, in the islands of New Zealand and Otaheite, and in other islands, countries, and places not within his Majesty's do- minions, by the masters and crews of British ships, and other persons who have for the most part deserted from or left their ships, and have continued to live and reside amongst the inhabitants of those islands ; whereby great violence has been done, and a general scandal and prejudice raised against the charac- ter of British and other European trad- ers : And whereas such crimes and of- fences do escape unpunished, by reason of the difficulty of bringing to trial the persons guilty thereof: For remedy

whereof enacts that

" All murders and manslaughters com- mitted on land at the said settlement in the bay of Honduras by any person residing or being within the said settlement, and all murders and manslaughters committed in the said islands of New Zealand and Ota- heite, or within any other islands, countries, or places not. within his Majesty's dominions, nor subject to any European state or power, nor within the territory of the United States of America, by the master or crew of any British ship or vessel, or any of them, or by any person sailing therein or belonging there- to, or that shall have sailed in or belonged to and have quitted any British ship or  

vessel to live in any of the said islands, countries, or places, or either of them, or that shall be there living, shall be tried, adjudged, and punished in any of his Ma- jesty's islands, plantations, colonies, domi- nions, forts, or factories, under the king's commission or commissions, which shall have been or which shall hereafter be issued in pursuance of the powers of the statute 46 Geo. 3, c. 54. in the same manner as if such offence had been committed on the high seas."

The policy, to say nothing of the hu- manity, of such an enactment, must be

at once admitted. It were indeed a scandal and disgrace not only to British traders, but to the British nation, if no   means existed of punishing the authors of wanton outrage against a compara- tively defenceless people. The wording of the Act, as we have already observed, is not very clear. It should have men-

tioned the natives of the islands therein enumerated, in express terms ; but we agree with our correspondent, that no

doubt can exist of the intention of the Legislature in framing it.

With respect to the " Commission" under which the Act provides that the offences therein named shall be tried, we are of opinion that the jurisdiction ex- pressly given to the Supreme Court, su- percedes the necessity for that form of proceeding in this Colony. As we stated in our last, our observations on this sub- ject were merely speculative: we were not aware of the existence of the Act of

the 57th Geo. 111; but as our oversight has been the means of placing so important a question in its proper light before the public, we do not regret the discussion io which we have given rise.