SATURDAY, APRIL 17, 1830.
Arrived on Saturday evening the 10th in- stant the transport ship Mary, 370 tons, Alexander Jamison, commander, from Lon- don, 18th December, with 167 male prison- ers, one having died during the voyage. The military detachment consists of Lieutenant Murray of the 17th regiment and 29 rank and file, Ensign Dunbar of the 57th regi- ment. Passengers Mrs. Murray and 3 chil- dren. Surgeon and Superintendent Dr. Ro- bert Espie, brother of Messrs. Espie of this colony and settler.
Arrived on Sunday the 11th inst. the bark Wanstead, 363 tons, M. C. Friend, R. N. commander, from London, the Cape of Good Hope and Swan river, which last port she left on the 19th ult. with a large cargo of merchandize. Passengers William Gelli- brand, esq. Mr. and Mrs. William Wise and Miss Wise, Mr. E. Rand, Mr. Charles Seal and Mr. Sams, all formerly of this place, also the following passengers from England, viz. Miss Roberts, sister of Peter Roberts, esq. D.A C.G. Mr. W. T. Jay, Mr. William Riley, Mr. W. Russel, Mr. W. Laird, Lieut. Everard, R. N. the Rev. R. Davis, Lieut J. G. Peat, Mr. D. Friend, Mrs. Wedge, Miss Ann Wedge, Miss Lucy Wedge, Mr. J. Wedge, Master H. Wedge, Miss Robarts, Miss Laird, Miss Emsley, Mr. David Blair ; also Messrs Ellis Haywood, Henry Sherwin, Thomas Cooper and 3 children, Thomas Norton, Conrad Knowles, Isaac Procter, Thomas Squire, Peter Rush, Mrs. and Miss Rush, John Lewis, Thomas Garratt and Miss Susan Philpot.
This vessel also brings 4 prisoners, viz. William Oxford, Patrick Riley, Thomas Griffiths, and Archibald Macalister.
Arrived on Saturday, the 10th inst. H.M. Colonial brig Tamar, Capt. Bateman, from Macquarie harbour, with timber, shingles, &c. Passengers, Mr. and Mrs. Lempriere and 5 children.
Arrived on Sunday the 11th inst. the brig Derwent, also from Macquarie harbour with timber, &c. The Charlotte had not arrived when these vessels left the settlement, and must have put into port Davey while they passed, Five prisoners had absconded from the settlement, 2 of whom had been appre- hended in a most emaciated condition.
Arrived on Sunday, the 11th instant, the schooner Friendship, 88 tons, Joseph White Master, from the Van Diemen's land Com- pany's Establishment at Circular Head, 3rd April. She had sailed to Cape Grim with sheep, and had been driven off the land with
loss of anchors.
Arrived on Thursday the 14th inst. the brig Charlotte, 110, Capt. Ronaldson, from Mauritius, 2d March, with a cargo of sugar and wine, and 2 prisoners absconded from Sydney.
CARGO OF THE CHATHAM.
1678 she-oak spokes, 483 bales wool, 115 casks sperm oil, 107 tons mimosa bark, 29 she-oak logs, 2 casks whale oil, 1 box seeds, and 1 case curiosities. Passengers, Mrs. Bragg, Mr. Charles Seal, Captain Geo. Todd, Mr. J. E. Cox, Miss Agnes B. Cox.
Cargo of the Wanstead.
13 Packages dish covers, carpenter's tools, cutlery, hardware, &c. Kemp & Co. 10 barrels blacking E. Anstice. 12m. Bri- tish bricks, 21 chaldron coals, 10m. plain tiles, 2m. pan tiles, 1 bundle twine, 20 casks cement, 1 case whaling implements, 8 pack- ages painters oils and colours, consigned to Capt. Friend. 2 cases shirts, 1 case mus- kets, 1 crane and 4 wheels P. Roberts. 1 chest paper Miss Roberts. 2 hhds Cape wine G. S. Ford. 1 case apparel H. Helly- er. 1 do boots and shoes Capt. Smith. 1 do boots, apparel and books J. Baynton. 1 do apparel J. Barnott. 1 steam engine com- plete in 100 packages, 277 packages con- signed to order and to the passenger, con- sisting of guns, gunpowder, agricultural tools and whaling implements, furniture, ap- parel, calico, haberdashery, cart wheels, axle trees, saddlery, ironmongery, turnery, nails, tin and hardware, wrought iron, crow bars, steel, iron hoops, bellows, anvils, vices, canvas, earthenware, slops, stationery, iron pots, doors and frames, blacking, candles, leather, soap, rum, hams, Cape wine, &c.
A schooner called the Nancy is daily ex- pected at Circular head for the Van Die- men's land company from London.
Wheat continues at an average of 7s. 6d. and &c a bushel. Clean wool sells at from 4d. to 5d. a lb. Fat sheep by the flock at from 8s. to 9s. or 10s per head.
The Legislative Council met on Tuesday, when it was generally understood the merits of the proposed Jury Act would be dis- cussed.
The prisoners by the Mary will not it is expected be landed before Tuesday. The applications for assigned servants at the
office of the Principal Superintendent are very numerous. The Supreme Court, it is expected will
proceed to Launceston for trials about the end of May.
We are happy to learn that the man Rayn- er, whom we had been informed had died in the hospital last week in consequence of wounds inflicted by the blacks, is not only not dead, but is likely to recover.
His Excellency the Lieutenant Governor, accompanied by Capt. Montagu of the Cro- codile visited the Upper Clyde on his re- turn from his late tour to Hobart town, and though his stay was short he had the plea- sure of seeing most of the inhabitants of the thriving and industrious district, and had the satisfaction to hear divine service per- formed at Bothwell by the Rev. Mr. Gar- rett who preached a very eloquent discourse to a numerous congregation.
We regret to learn, that Black Tom, the native, who has for some time acted as a guide to Mr. Robertson's party, has abscond- ed from his companions and joined the in-
cursive tribes. Several of the out-stock huts about Swan port and Prosser's plains have been robbed, we fear, in consequence of being led on by him. One man who was pursued by them, saved himself by cross- ing the river, and succeeded in shooting a black in the very act of throwing his spear at
A curious circumstance happened at Mr. Blinkworth's, Jerusalem, the other day. A native tiger, as it is called, boldly entered his cottage, where his family was assembled, and seized one of the little children by the hair, but fortunately missed its bite. Mr.
Blinkworth who was confined to the house with a lame hand, alertly seized the animal by the tail and dashing it on the ground speedily killed it.
We have to add another item to the cata- logue of the deaths occasioned by drink. A young creature, a female not more than 17 years, of age passenger by the Eliza, was travelling in a cart over to Launceston to the service to which she was assigned, when she drank in a sort of frenzy a goblet of rum, in consequence of which she was soon after found suffocated, a lifeless corpse in
the cart. Mr. Charles Seal who has just returned
from Swan River has kindly presented as with some curious seeds from that neigh- bourhood. They are about the size of a large filbert, enclosed in a red pulp or apple, having a strong unctious smell. The plant on which they grow is said to resemble in appearance the pine apple, and the seeds are enclosed altogether in a very large seed vessel, or bag, along with a kind of marina or gum. Some of the new settlers at Swan River had incautiously eaten of them and were taken ill in consequence.
On Thursday, agreeably to the official
notification, The Venerable the Archdeacon delivered his charge in St. David's Church to the clergy of the island. The Rev. Dr. Brown, of St. John's church, Launceston, delivered the sermon, a most instructive and appropriate discourse. The service being
over the several clergymen. namely, the Rev. Mr. Bedford, the Rev. Mr. Garrard, of
Pittwater, the Rev. Mr. Robinson, of New Norfolk, the Rev. Mr. Knopwood, of Cla- rence plains, the Rev. Mr Norman, of Ho-
bart town, the Rev. P. Brown, of Laun- ceston, the Rev. Mr. Davies, just arrived per Wanstead, ranged themselves in front of
The Archdeacon began by stating, that he had purposely deferred the delivery of his charge until this time, in order that he might have an opportunity of oberving and forming some judgment of the present state of the church in the island. We were pleas- ed to hear him state that he had found abun- dant satisfaction in the degree of moral and religious improvement which had of late years been effected. There was evidently an increased attendance on public worship in all parts of the island where it was celebra- ted, and the external observance of the ce- rimonies of religion was not unaccompanied it was to be hoped with genuine piety, and domestic devotion was becoming very gene- ral. Highly satisfactory however as these symptoms of improvement were, the Arch- deacon admonished the clergy not to encou- rage any spirit of self commendation on ac- count of the share they might have had in promoting them a spirit which would be improper, and inconsistent with that humi- lity and devotion which should especially characterise their calling, and distinguish them as followers of our divine master. He
particularly enjoined them, being but the feeble instruments, studiously to renounce
all claim to merit in themselves.
In the midst however of many gratifying circumstances we are yet surrounded by others of an adverse description. Many per- sons, the Venerable Pastor observed, are in a state of deplorable ignorance even of the leading truths of our faith. Many are un- happily distinguished by the practice of in- temperance. Their spot is not the spot of God's children—they are a perverse and a crooked generation.—(If the Archdeacon, from the short observation he can as yet have had amongst us, of the enormous evil of drunkenness, could speak in such strong and awful terms of its victims, what must be our sensations, and how closely must we not join in his denouncement, who are brought into daily and weekly contact with the rug- ged and crooked points of the insensate race, jutting as it were into our sides, and tearing our internal peace to pieces !) We must be compelled, continued he, to witness the bet- ter part of this land subjected to the domi- nion of sin and wickedness, unless we rise
with the exigencies of our situation. Those who put their hands to the plough must have their hearts also alive to the labour they are engaged in.
He particularly recommended the clergy to make frequent and regular circuits to the
remote parts of the island, where there nei- ther is, nor for many years is likely to be a clergyman stationed. If there were any point in which he was more desirous than another of leaving a persuasive influence be- hind him, it was this,—that in all the la- bours of the clergy they should lay the stress
of their motives as deduced immediately from the Gospel—should set the Saviour forth as the agent of salvation. For a Cler- gyman to succeed he must enjoy a commu- nity of feeling betwen himself and his hear- ers. He especially enlarged on the duty of family worship, as an integral part of reli- gion, and he again insisted on the necessity of visiting the remote parts of the interior, that they might enjoin and instruct settlers in a duty so essential to salvation. They must see that every household is supplied with the bible, prayer book, and a manual of Christian duties. Settlers he was convinced would hail their approach in making such visits with a hearty welcome.
He expressed his satisfaction at the late increase of members to the society for pro- moting Christian knowledge. In no part of the world so much as this, does there exist such necessity for the exertions of this socie- ty. To be successful, their labours must commence with the young. Wherever a
church is founded, there should be also a parochial school. The mechanical part must of course be carried on by the respective
teachers of these schools, but the spirit must be infused by the labours of the clergy— religion and uprightness must be chiefly in stilled by their endeavours. They must strive to instil a bias to what is good and amiable, so as to counteract the bad exam- ple too frequently held forth in this country by those to whom the children should natu- rally look up for the best elements of in- struction. The clergyman must see that every child committed to his charge is train- ed up with a reverence for religion and an abhorrence of every thing vicious. He re- commended the putting into the hands of learners a clear and brief summary of the most important truths of the gospel, accom-
panied with familiar explanations, and he en- forced with much effect the necessity of re- gular attendance at school before any essen-
tial benefit could be reasonably expected.
The whole charge was at once eloquent familiar and of a strictly useful and practi- cal nature. We regret extremely our utter inability to do it justice, for we are sensi- ble we could confer no greater benefit on our reader at large, than by making them familiar with every sentiment and expres- sions as it fell from his lips that day. We regret to learn, that he proposes to leave us
in the Crocodile on the 24th.
INTERIOR, April 12,1830.—As a pound- keeper I wish to know how to proceed in such a case as this, viz:— Certain cattle are sent to pound, upon advertising which and appointing the day of sale according to law, no person either comes to redeem or pur-
chase them, so that the cattle are still left in pound-pray what must I do with them? Will the police magistrate, take them and pay me the fees and keep, and you for ad- vertising; for by the law a poundkeeper can neither purchase directly nor indirectly. By the pound laws poundkeepers are obliged to insert in all advertisements of stock the amount of fees and keep for each animal per day, it would be of great service to the com- munity were you to, add a column to each, headed - Advertising each time £-, so that every one having stock in pound by looking into your paper could take a copy of their whole charges and if they find the animal not worth the expenses charged, with other expenses that they of course must be at in sending a man, or men and horses for it, tlhen it will be left with the poundkeeper, who perhaps cannot sell but must neverthe- less pay for the advertising, &c. In your Courier of the 10th inst. there is a paragraph which says-" As for instance, the pound age fees by the table on ten head of cattle at 6d. amount to 5s i while upon 11 at 4d. it is only 3s. Sd. ,If you will take the trou- ble to look over the table again you will find that if 20 head of cattle are sent to pound the one half will be charged at 6d per head, and the next ten at 4d. This I take to be the line meaning of the table, as it says, for
the FIRST ten 6d. and for the NEXT TEN 4d. ; but perhaps you will take the trouble to inquire into and give us the proper mean ing of this table.
(The intention of the table of fees is no doubt what our correspondent means, but had the wording been perfectly intelligible neither we nor many of our readers would have misunderstood it. The fact as we take it is, that lawyers being more used to the inditing of prolix legal sections and pream- ble, are a little out of their element in draw- ing out an abridged table of fees. Many of
our readers' understood the established char
ges to be 6d each, if 10 were impounded 5s. fourpence each if from 10 to 20, as. 6s. 8d. for 20-and 3d. each from 20 to 30, or 7s. Gd for 30 head. But the act means as our coneapoivlent slates-tints, if 30 »«attie be impounded the charge will be for ihe hist len head Gd each, or 5s. ; the next ten at 4d. each, 3s. 4d ; sjtid the next or third IO at 3d. each, or 2s. Gd , that is in ali for the 30 bead 10s lOd. reckoning a separate rate of char- ges for each successive ten»
The printing of tli3 price of impounding advertisements at thevhead,of each, would occasion more trouble and expense than our correspondent is. aware of, and would be- sides, in our case, be needless, as-a brief in- spection of our rate pf charges almost inva- riably inserted .at the bottom of the last page will readily shew the amount of charge ir j forevery advertisement in the paper.)
Though . the act enjoins the iuscrtion of ¡y j the amount' of damage claimed, we tio not te j conceive that the legislature intended that i- ¡ the fees and charges for footl and water a being fixed rates should be inserted inadver
y tisemeuts, tncreby materiallyadding to their¡ n length, and consequently the expense. ! ï- To the,question which has been repeated i- ly put to as, whether there be any charge >s for damage.<loae hy cattle«grazing on uncu
kclosed pasture ground, (agreeably to a fal« jgoveriiment outer, w hich, if wc iccollcct f richi, fixed the tiespass at Is. per head for cattle), we should answer no, foi mer ens*
horns and îcunlatibns of that nature being
K'ated land jf hot properly fended*
EXTRACT OF A LETTER FROM SWAN RIVER.-" Cuvier in his theory of the earth quotes New Holland as a recent formation, and treats particularly of the sand with which we are deluged. His account is per- fectly correct; -Some good land is found on the banks of rivers, deposits from them, but in very small quantities. Behind this the Darling range of hills shuts up the scene within 7 miles of the river. The ground notwithstanding its sandy nature, (which is so loose as to run through our fingers in taking up a handful) supports a luxuriant vegetation, and magnificent and very useful timber, about 7 miles from the sea.
Every attempt at making a garden has I believe hitherto failed, but I am informed that new land will not bear at the first at kempt. Of course, the sensations that many settlers experience, on their first arrival, are of the most painful nature, and they uni- formly speak of leaving for Van Diemen's land. But there are many who have seen
New South Wales that encourage their stay by an assurance that the land is no better in many fruitful parts of that country. Upon the whole the colony may be considered a wonderful instance of the richness and pow- er of the mother country. In six months the population has risen to about 2000 souls! The property upon which land is claimed, imported into the Colony, exceeds £500,000, specie not included. The ope rations of commerce are carried ou with
great spirit for cash, and I believe all the
vessels that have come here have made a good sale. We have numerous large sales
by auction here, one this day of the cattle and cargo of the Thames from Hobart Town. Our merchants advance money to Govern- ment when required. A bank is talked of, -we have one newspaper, -a literary insti- tution,-one tolerable hotel, and many grog houses We have magistrates and consta- bles, but no civil law until our charter comes out. But we have a tolerably moral popu- lation, and credit to a great talent is given by the merchants, without fear of the neces-
sity of recovery in courts of law. Mutton and beef are about Is. a lb., bie.nl 8n, butter Is. Gd., salt beef and poik 1 od., cheese is. 2d , candle».2s, oil <Js 'st gallon,
clothes yery cheap, rum 7*., brandy 81.u Geneva 7». a gallon, (no' duties aie, ((.vieil) porter £8 a hhd. is. od.,aJ>otlle, wine,4-v. a bottle, labourer's wages Gs. a, »lay, mecha- nics ,9s. to 12s.
In this state of things the settler lives in hopes and fears, doubts and perplexities,
but all confidence is placed in the newly discovered lands, to which a force has been
sent with a commandant to the southward.
I have no doubt that an important colony , has been formed to strengthen the power of our counriy and to the advantage of the world at large from its peculiar situation, and that
it will graze cattle we have had excellent proof, even in the summer season, so that insures its continuance as a colony.
Rutland parish, Clyde district, April 11. —A small body of natives passed yesterday at the back of Brady's sugar-loaf, towards Davies's bottoms. Three men followed them as far as Michael Howe's marsh, where their fires and some pieces of kangaroo were found, but the blacks were gone and they could not be tracked beyond that marsh.
York plains, April 13.—About 20 of the Aborigines crossed Albany vale yesterday forenoon, between St. Peter's pass and Oat- lands. They came from the direction of Michael Howe's marsh, and went towards Gullivers lagoon. Their course being nearly due east, I think they are gone to Little
They did not show themselves on the open plain, but plunged into the scrub be- tween Albany vale and Gullivers lagoon.
It is evident that the mob seen in Portland parish, and traced to Michael Howe's marsh, were the same natives that afterwards passed through Albany vale.
It may not be known to many of our na- tive youths, proverbially of tall and elegant stature, that there is a celebrated, we mean a notorious, club in Edinburgh, called the ' Six feet Club,' because no man is admitted a member unless he be 6 feet high. Though we do not at present know a single native of this island of the age of 18 or 20 years that would not be eligible to such a society, we venture to occupy a few lines of our journal to express our disgust at the principle on which this association in modern Athens is formed, and this we make bold to do, a although the great Sir W Scott was chair- man at the last anniversary dinner in Decem ber. On that occasion, Professor Wilson, the real Blackwood, could not be admitted a member because he stands only 5 feet 11. We regret that any literary or amiable man, especially of such transcendent distinction as Sir W, Scott should belong to such a club. In proposing the health of Mr. J. G. Lockhart, Professor Wilson exultingingly
asked where was the Scotchman who did not feel proud of that gentlemen? For ourselves, (as much of us that is to say as is Scotch, belonging as we do alike to all the 3 kingdoms and every British colony, but especially to the Austraiasiatic), we are ashamed of Lockhart on account of thelarge
share he has had in the low ribaldry, and ill-bred offensive stuff of Blackwood's Ma- gazine, but more than all, for the part he performed on the occasion of the death,
never tto be forgotten, of poor John Scott, his once formidable rival.
The last number of the Edinburgh Re- view is the first under the management of its new editor Mr. Macvey Napier, who has succeeded Mr Jeffrey, the latter having con- ducted it until, now from the period of its commencement, 27 years ago. Mr. Jef- frey's other avocations had latterly led him to neglect in some measure this great work, and for some years it has been both dull and heavy. The present number is however more lively and varied, though still deficient of the fire and genius that distinguished this Review at its commencement. In reviewing Mr. Auldjo's interesting narrative of his as- cent to the summit of Mont Blanc, Mr. Napier takes upon himself the task of chas- tising such travellers as Mr. Auldjo, who expose themselves and their guides to dan- ger for the sake, as he says, "of vanity and idle curiosity-wealthy and pampered Eng- lishmen, who like the King of France and his twenty thousand men went up the hill
and then went down again." But a little re flection and more chastened experience will, I trust, teach Mr. Napier not too rashly to hazard such self-sufficient, erroneons re- marks characteristic of Blackwood and the
Edinburgh dilletanti school. According to the dogma of the Edinburgh, the young gentlemen of Hobart town,, who are so in- clined, are not to ascend Mount Wellington and feast on the magnificent, the sublime as pect which Nature in her most delightful garb there presents, because a new fledged edi
tor like Mr. Macvevy Napier chooses to say it is not undertaken for the sake of science. But I affirm that the heart of that man must be made of stone that can ascend Mount
Wellington in Van Diemen's land, Mont Blanc in Switzerland, or even any mount without improvement both moral and intel- lectual. Had Jefffrey, Napier, and the whole tribe of Scotch reviewers,- bare-footed and breechless as they were, more, frequently clambered to the top of Arthurs seat than they have, or plumped into the loch of Dud dingstone, they would have learned more becoming humility and have taught more good sense. As for myself, I feel assured that the happv uuderstandmg and the fa vourable footing I enjoy with mv readers are in a great measure due to the salutary effects of my periodical visits to Knock lofty
Ignorance lies like a plummet on the de
butant in French eating ; and every fresh step is, to the uninitiated, a new difficulty. Every thing eatable in France, is a perfect mystification, alike to the intellect and the palate ; and is involved in a double disguise of language and of external appearance. The great object of culinary science is amalgamation : and the simple elements of nourishment are so sophisticated aud trans
mogrified in stewpans and digester, that their nature and origin are as diíficult to de- termine, as those of a bottle of London Champagne. Fish, flesh, fowl, and vegeta bles, all appear at table, in a carnival cos tume, like a reasonable idea in the phraseo logy of the Morning Journal, or an abstact truth in one of Southey's long-winded argu ments. Now an Englishman has usually heard so much of eating cats in France, un- der the disguise of rabbits, and has his ima- gination so filled with snails and frogs, that he would prefer (even though he were stark staring mad with no-popery) swallowing all
the articles of the Gallican church at a
mouthful, to eating one French dish upon trust, and leaving the conscience of his stomach in the keeping of a cordon bleu. NEW MONTHLY MAGAZINE, DEC.
Extract ot a Letter fiom Sydney.-" You will be shocked at the idea which I am
going to mention to you, which is that of Government making it legal for captains of ships and others to purchase the labour of such men and women in England as might volunteer themselves for a certain number of years, sav seven and take them abroad to any British colony to be previously agreed on by Ihe purchaser and seller, and there dispose of the term yet to run of their lease. I acknowledge, this seems a very harsh mode of supplying us with labourers; but as a general principle, I believe you will a gree with me that the service to both coun- tries will be performed much more effectu- ally when it is made the interest of indivi- duals to do it, than when it is done by Go- vernment. A single act of Parliament, com- posing all the necessary details, would set the whole of this matter to rights, and effect an inconceivably great service to this coun try, and, I should think, also to England."
Though we go io Richmond by water twice eveiy year, mv wife has never yet been broken of the habit of holding fast by the edge of the boat. "Put in your hands ma'am, if you please," said the boatman ; and so she did, but not before the collision
of another boat had very nearly deprived the said hands of two nails, much contused, and a reasonable superficies of skin. I hear her shriek at this moment. Unfortunately we all responded somewhat too quickly : away went the wherry from under our feet, and but that there was no room to fall into the water, we should infallibly have been drown- ed. The vagabonds set up a horse-laugh instead of coming to our assistance ; and it
was not till after a general tumble, half a dozen contusions, and for my own share a good draught of bilge water from the bottom of the wherry, that we contrived to reach the ship-NEW MONTHLY MAGAZINE.
The attention of a large proportion of the
merchants and others interested in com- merce, has been more than ever drawn to the
subject of the East India monopoly. Among the reasons shown for refusing tliem a renew al of the charter, is the fall of British exports
by the hands of the Company, and its in crease under individual management. From
1791 to 1814, under the monopoly system of the Company, the exports fell from 2.924, 829l. to 1,699,125l. From 1814 to 1828, the exports of Great Britain to India have risen to 5,212,353l.
The Bishop of Ferns has been completely discomfited by a triumphant rejoinder from Lord Mountcashel, relativp to Chuich abu- ses. The divine stands no chance with the
layman, even at the schoolman's weapons. The lament of both controversialists, at the success of Catholic Emancipation, seems the only point of agreement between them ; the fact is, that neither bishops nor sophists can put down sound sense, and Lord Mount- cashel has all the latter on his side.
Mr. O'Connell has been rallying round him his anti-union friends in Dublin, prepa- ratory, we conclude, to his bringing the ques- tion befoic the House of Commons, where it will be most probably finally set at rest.
SATURDAY APRIL 3.
Charles Brady, a private in the 63rd regt, was convicted of killing a cow the property of Hugh McGuineis, with intent to steal part of the carcass, in February last.
Wm. Anderson was convicted of shooting at Michael Clancy, with intent to commit murder, ou the 5th of March.
Michael Wade, a notorious character, was convicted of feloniously receiving a gold watch, chain, seal and key, of the value of
10l. the property of Mt. Thomas Hooper, in August last, well knowing it to have been feloniously stolen.
John M'Kenna was convicted of shooting at and killing a sow pig, the property, of Hugh G0rdon, in March last. Sentence, to be imprisoned for a fortnight.
Jeremiah Crawley was acquitted of steal- ing a hat, value 20s. the property of Patrick Murphy, at the wake of Judy Fenton in Ja nuary last.
Charles Routley was brought up lo be tried for the murder of a man named Buck
ley, but the trial was postponed until the next Session at the request of the prisoner, and by consent of the Attorney General.
Elizabeth Peart was charged with the wil- ful murder of John Pilkington, in December last, by stabbing him with a knife, and Geo. Peart, her husband, was charged with aid ing and assisting the said Elizabeth his wife. The trial lasted ten hours, and a verdict re turned of Not Guilty.
Mary M'Lauchland was arraigned for the wilful murder of a male bastard child.
She was found guilty and sentence to be executed this morning.
On the 1st of March last, 4 convicts effected their
escape from Macquarie harbour, and after experienc- in extraordinary hardships, succeeded in reaching the establishment of the Van Diemen's Land company at Circular Head, where they surrendered to Mr. Carr, ihe company's agent.
These men were led by a hardy and intrepid sea- man named Robert Hansler, a convict who had for- merly volunteered, in a whale boat, to explore the coasts of the colony under Mr. Hobbs, and had often er than once gone round the island with that gentle man- for his services n those occasions he obtained a ricket of leave, but unfortunately for him, a con
nexion with an abandoned woman led him to the commission of offences which ultimately deprived him of his indulgence, and caused his transportation to Macquarie harbour, his removal was by the sen tence of 2 magistrates, and this paces him in a very different situation to that which his fellow runaways
are unfortunately circumstanced, the other 3 being transported by sentence of the Supreme court, are subject to the awful penalty imposed by the Colonial
act of council.
The circumstances connected with the escape of these wretched creatures are in themselves so remark able that we deem It right to publish them as a warn- ing to those yet remaining at that settlement.
Three of the prisoners stripped themselves on the island at Macquarie harbour, left their clothes on the beach, and succeeded by swimming in reaching the opposite shore in a state of complete nudity, where they found the fourth on the main land, who on agree ing to join them in their flight, parted his garments among them. These with an old axe, and a fire stick completed their wretched equipment, and without a morsel of food, they set out in quest of the inhabited districts. After 22 days painful suffering, they de- scried Mr. Curr riding on the confines of the estab lishment. So exhausted were they, that though for the latter days of their journey, they had been able to iravel only at the rate of 2 miles a day, they could scarcely shout loud enough to attract his attention. They were then forwarded in custody to Geoge
town, and await iheir trial at the next session at
The following explanation of section 15, of the Impounding Act, will be acceptable to our
By the law in England, if a defendant in re plevin (the dtstrainor of cattle) succeeds, he gets judgment to get the cattle back again.. A tedious process then ensues to get them. If they are not forthcoming, the defendant (the said distrainor) sues the owner and his sureties, on the replevin bond -Observe, that replevin is merely to try the right of distraining and impounding. The ques- tion of 'what damage has been done,' -(or where the distraining was for rent) 'what rent was due,' -never could be agitated). If the distraining was lawful, there was an end of tlie owner's case, and the distrainor got the said judgment to have again the cattle, to be again impounded. This state of things the Legislature remedied, in cases of dis training for rent, by permitting the jury to assess the amount of rent due,-(in case the distrainor, i e. the landlord, the defendant-proceedcd in the action of replevin,) and then the defendant (the said distrainor, alias landlord,) got judgment for such amount of rent and proceeded accordingly. -But, the Legislature felt the case of distraining for trespass, untouched in the English Law supplies this omission in the English law, and per mits the same course to be taken in a replevin where the distraining was for trespass, as can be taken in a replevin where the distraining was for rent.-1st. Replevying, is bv the owner of cattle or goods taken or distrained, and is the act of get-
ting possession of the cattle or goods so seized or distrained, -in order to enable him afterwards to try for right (or lawfulness) of such *se¡zure or distress. It is from the word replegiare, to de liver upon securitv, which security the owner gives before he gets his cattle.-2nd. Replevin is the
action brought accordingly, by »such owner, against the partv so seizing or distraining to try the law fulness of such seizure or distress. The owner is of course plaintiff; the distrainor is defendant,-
3d. The defendant is then compelled to show dis
tmctlv and fully why he took the cattle. If he took them in his own right, the language of his
plea is that he 'avows' the seizure. If he took them on behalf of another person, the language used is, that he 'acknowledges' the seizure. So that, the defendant, after pleading, is either called an 'avowant,' or a person 'making cognisance.' And here the mystery ends,-and either Tomlyn's or Jacob's law dictionary or Blackstone's commen taries, (which most gentlemen have, and almost all have read, at least the latter, the commentaríes) explains the same in a moment. Until an avowry or a cognizance is filed, the court cannot tell the causes of grounds of the seizure. The action then goes on to trial.
How far a man clothes are or are not a part of himself, is more than I would take upon myself to de- cide, without farther inquiry , though I lean altoge- ther to the affirmative. the inhabitants of Ihe South sea islands were astonished and alarmed when they first saw ihe Europeans strip. Yet tliey would have been much more so, could they have entered into the notions prevalent in the civilized world on the sub- ject of a wardrobe ; could they have understood how much virtue lies inherent m superfine broad cloth, how much respectability in a gilt button, how much sense in the tie of a cravat, how much amiability in the cut of a sleeve, how much merit of every sort in a Stultz and a Hoby. There are who pretend and that with some plausibility, that these things are but typical, that taste in dreams are but the outward and vi sible sign of the frequentation of good company; NS that propriety of exterior is but evidence af a general
sense of the fitness of this. Yet if this were really the case, if there was nothing intrinsic in the rel ation of the clothes to the wearer, how could a good coat at once, render a pickpocket respectable, or a clean shirt pass current, as it does, with police magistrates for a clean concience. In England a handsome toggery is better defensive armour than a 'helm and hallberk's twisted mail.' While the seams are perfect and the elbows do not appear through the cloth, the law cannot penetrate it. A gentleman, (that is to any a man who can pay his tailor's bill,) is above suspi cion , and benefit of clergy is nothing to the privilege and virtue of a handsome exterior. That the skin is mater than the shirt is a most false and mistaken idea. The smoothest skin in Christenedom would weigh with the jury like a cambric ruffle; and more- over, there is not a poor devil in town striving to keep up appearances in spite of fortune, who would not far rather tear his flesh than his unmentionables ; which can only arise from their being so much more important a part of himself. But if a man's clothes enter into his personality, with the women they are all in all. In mere point of mensuration, a woman's head bears no notable proportion to her hat ; the arms are nothing to her sleeves, her body to her furbe lows, or her natural contour to the more exuberant
outline of her multifarious padding. What, in one word, is the most gigantic woman to the boundless pretensions of her completed attire? Two grains of wheat in a bushel of chaff, a needle, in a pottle of hay, or one honest man in a corporation or a joint- stock company.—Ibid.
THE FUNDS. (City 26th Dec.). It is not ex- traordinary that the high value given for the Pub- lic Securities should be maintained, when not only Ministers and the Directors of the Bank of Eng land, but the leader of the Jewish Interest, are all united to carry into effect the project for reducing the interest on one or more of those Stocks which bear the highest rate of interest.