The Sydney Morning Herald from Sydney, New South Wales, Australia • Page 2

been lint vorv lusl Id mix li'mnnlf up in the endeavours now making at Calcutta to prevent I the emigration of laborers also about Dutch I s'oi'ils "lcrc uli your The prisoners were then removed frors thsij, John Mowles, convicted of killing SHIPPING INTELLIGENCE. ARRIVALS. From Hohori Tin, on Wednesday last haiing nilfltl the 28ih ultimo, the schooner Marina Wat arm: Cnp'ahi BrmH. wiih sundries, Passengers. Mr Rex.

Mr H. Oman, Mr Wal. tun Henry 11,11. A. 8iawle.

and William Hillyer. From Port Phlllin, aaine day, having sailed the 29h ultimo, the schooner Chspp, in lislhist Passengers, Mr. Daft, Mrs. Davis, and John Peter Ou this point a lengthy look place, Messrs. a'lkckett and Foster contending that they were entitled to address the Court on the inadmissibility of certain evidence, but the Court decided that nothing that would go to impeach the verdict of the Jury could be heard.

Mr. a'lleckett said, that he would not uselessly take up the time of the Court on the point reserved as it was not arguable, but ho would address their Honors on the insufficiency of the indictment which had been urged oil demurrer and overruled but the Court would not hear this Kiint us the overruling of tho demurrer upicared on the rccoid, and was in fact the judgement of the Court. puliee in this city and in Is one wliii-h has been long wanted, and wc have no doubt but its otcratiou will serve to check tho vice and dis-oilier which have of late years so rapidly increased these cities. It will also be perceived, by a notice from the Official Gazette, that seveiul other iiiiHirtant subjects at present engage the attention of His Excellency the Governor-General and the Special Council, amongst these a bankrupt law, and one for the establishment of registry ofliccs. (From the Montreal Courier June SO.) A P.S." to tho Toronto Patriot, of the 22nd, received yesterday, states, under duto of Saturday morning, June SoYd," that intelligence has been received at Toronto the night before the capture of nine of the Short-hill rioters, by a party of the Volunteer Lancers.

Ouu of the rioters, mote uaiful, uinl it ulcus ionic example is made, or some measures entered into fur our safety, the provinen must be abandoned. We were told by Mr. Clink, the sub-contractor for the mail, resident the Goulburn, that tlio natives who liuvv always caused liim in itch annoyance, had lately shewn so. daring a front ill their endeavour to perpetrate a robbery, that lie trembles for the consequence. If these Protectors are to keep the natives within bounds and be a cheek upon their depredations, wo pray sincerely for their arrival.

What makes them hang buck are they afraid Flour is ut JE8G per ton in Melbourne, in consequence of previous rise in the Ilobart Town market. Market Prices Beef, S.d. 4d tierce, 6. Butter, 3s. 2s.

6d. Cheese (Colonial), Is. Is. 4d. Cows, 10 11.

Ducks, Prom London via Hobirt Town, aama day, having sailed from the latter port the20ih ultimo, the ship CnromamUl, Captain Loader, with sun. dries Dr. Twredie, K. Mr. Thornis lliiltnn.

Mr. Jamea Bennett. Mr. Henry Dodd and three ahildren. Mr.

Jnhn Taio, Mrs. Tale and two children. Mr James Simmons From the Whaling Grounds, yesterday, having sailed from Sydney the 3rd March, the harque Ooo'ernor fiourke. Captain D.iwson, with 1 100 harruls black oil, 30 barrels sperm, and 6 tons whslehone. Prom Plymouth and the Cane of Good Hope, same day, having sailed from the former oort on the 31st July and the latter the 29ih or October, 'the barque Faxrhe, Captain Agar, with mer.

ehandise. Passengers, Major-General Sir Maurice O'Conne'l, Commander of the Forces, Lady O'Conncll, Miss O'Connell Captain O'Connell and Lady, Lieutenant O'Conncll. Mr. Charles O'Connell, Mr. Charles u'Uonneli, Mr Christie, Mr Dangar, Master Bligh W.

T. Gor. don, Era. Mra Gordon. Rev C.

Brigstock, Rev. W. H. Walsh, Mra Walsh, Rev A Dickens, Mr. James Campbell, Mr.

Mereweather, Mr. Grant, Mr. Morphv, Mr Primrose. Mr. J.

Durban, Dr O. Ready, Surgeon elso77 emigrants in the steerage. Frott the Whaling Grounds, same day, having leu Sydney in July Ian, the barque WotUark. in chaigo of the chief officer, with 100 barrels of aperm oil. DEPARTURES.

For Launceston, yesterday, the brig Sptculator. captain Hav, with sundries Passengers, Moriarly and son, and Mr. Michael Brennand, For Hob-irt Town, same day, the schooner Abtrcronibit, Captain Crew, with sundries. Pas. ftengera.

Mr. George Cox, Mr. Thomas Bock, Mrs. Lacky and son, Mra. King and eon, Mr.

William Wright, Mrs- Oakea and child. John Marsden, Sarah Hyndes, George Williams, and oarah roster. Memoranda for the ensuing week. Uccem'jcr. Calendar I I Hl Tnlc rim sets I morn I tvcn iff I 5H 7 61 ll3 I 7 I jl, II 0 i i.M 7 a ii a) an 10 I I li I 15 a 34 11 I I -1 fi i "so i 3 i i -4 i I a 3t i 4 a 13 1 I I 7 7 I 4 I T8 Full ftloon, 1st day, sa minute after 9 at night.

eonti'sl to wliit'li irevioiM rirciiiiiitniices hatl iiiiiiarlt-il a inliliCdl hue. I ins Air. I'luiikiilt tlul, ami bv dmiiu' so, has shewn tlial all his protestations of aro mere air." Thern was another purl ion of the remarks which fell from the Court, deserving of particular notice in au unporlnut public point of view. If, said the Court, Mr. Macalister is not, as asserted, fit to fill the ollioo of Chairman of Quarter Sessions, he is nut fit for the Magistracy.

The Mauislrules (that is all those assembled at the time) are the Judge the Chairman is merely the orgau, or mouth-piece, of the Bench he lias no more power than any other Magistrate. Now, this is the IL'lit in which we have ever viewed the office of Chairman of Quarter Sessions. In tinxland.earh Bench of Country Magistrates iuvariab'y elects its owu Chairman of Quarter Sessions and, we should like to know, why is it that ilia independent Magistrates of the Colony should not do the same Are the landed proprietors of New South Wales, who are .1. in ine ommission oi ine reace, possessed of less intelligence, less probity, ihan the numerous class of the genus squire Western, or Justice Woodcock, which is to be found bngland Aud, yet, the examples of England notwithstanding, and the evident opinion of the Supreme Court of this Co lony, notwithstanding, the Colonists are saddled with the payment of no less a sum than eiglit hundred pounds per annum lo come political ii.irlizau for, that the election of a Cliarman lias been converted into a trial of political strength, admits now of no question. It is time, therefore, I hat such unseemly contests should he done away with but not by such means as were coiitomplaled by some of the admirers and defenders of the late administration not by making the office of Chairman, as was insidiously desigued, a government appoinlmonl, but by the iudependi-nt Ma gistrates alteudiii the various district Benches where Courts of Quarter Sessions are appointed to be held, insisting upon their constitutional right lo elect each its owu Chairmau.

At these elections, too. we would allow nn stiiendiary Maislrale to vole no government influence slum be allowed lo prevail in anv way hut the choice of the Chairman of each Bench should be left, free and unfettered, to the magistrates of the soil to those who have the greatest interest in the peace as well as the prosperity'of Hie Colony to those who have the greatost stake in the Colony, and who, therefore, ought lo have the greatest influence in the Colony. What is it lo be eudured that soldiers, and adventurers patronized by the Home or the Colonial government, but paid out of the funds of the Colonists is it to be endured that such as these shall defeat the just rights of the landed proprietors of the Colour, by whom they are paid No, no we trust this will be looked to in time, aud that the settlers will resolve that the inde pendent Magistrates shall not be swamped by the paid minions of anv government. or of any Secretary of State. Here we must pause, for the preseut out, resuming I but, resuming for a brief period, the sub- WB we Pe that 1 1, a ailnnilwfJAna.al I.

nn 1. 1. the result of his prosecution of Mr. MJcalister, the awkward position in which he is placed, as Grand Jury, Public Pro. pnliiical parlizin and that, if he reflects at all, he must be convinced that, owing to a combination of ciri-nrq- I stances lo which we need not now mftre particularly allude, the only dignified course open to him is to resign, if he would avoid the mortification of a removal upon the public petition of the Colonists, PORT PHILLIP.

We have received Port Phillip Gaieties to the 24th ultimo, from which we make the following extracts It is said that a Chief Magistrate, with the title of Commandant not Lieutenant-Governor, has been appointed, for Port Phillip, from England, Also a Judge, Comptroller of Customs, Treasurer; and Chairman of Quarter Sessions with the same power as in this Colony. Our contemporary it very wroth because, as he says, at we now stand in relation to Sydney, the revenue we raise here by duties levied on spirits, tobacco, and foreign articles; by wharfage, clearance, and other customs' fees is to be sent to-that place, Ice." Why, do these modest people want us to support them alto gether Are they net at this very moment a dead charge upon our revenue Are they to contribute nothing, but take all Mo fewer than one hundred and thirty-nine individuals arrived at Port Phillip in the week ending the 17th of November. The want of a Court of Requests at Melbourne is complained of. The butchers at Port Phillip were endeavouring to effect a rise in the price of meat. The arrival of the John Dunscomb from having left that place on the 27th of October last, conarmt the report in the Sydney newspapert, that the French frigate Heroine had uiled for Chatham Island to hold a court of tits MwarHk tlllkM.

Ar JMltMUItiUVM VU MVs.l haTi murdere(1 the crew of a expedition. She alto brings the report of English man-of-war, supposed to be the Alligator, having left the Bay of Islands for the Fejees, to go in search of, and if possible, to render assistance to the crew of an English whaler said to have heen wrecked upon Its savage coast, the helpless i wauii raeinug mmu iscwiic I mem as max oi ine irencnvnjmam isiauu. The only other newt it that the New Zealand Chieft are at peace amongst themselves. The John Dunscomb hat performed the voyage out and home in flfty-flvc dayt, and brings a cargo of pine timber. The Enterprixe hat lately come into port with I a number of rams, imported (we understand) by i Mr.

Fither, of Geclong and at they nave been drawn from the (locks of Circular Head, in Van Dicmen's Land, we have no doubt of their proving an acquisition to the country, Information hat reached the Magistrates of Melbourne, of the murder of another shepherd by the blacks, at the river Goulburn. The unfor. tunate man was in the employ of Mr. Rutledge, a gentleman arrived within these few months from Sydney tide, with a large quantity of stk. curlty of the passions, and even it t.

be doubted the danger from their uncon. malice and treachery, grow. day on vessels from J.iva being allowed in Australia, to trade under an import duty of five per cent, the same duty as is paid by Biitlsh vessels which latter case, they show, will lend to the prejudice of their staple article sugar of which a very large quantity was yearly exported to Australia Au Ordnance has been passed at the Cape, to regulate the weight and salo of bread. The Colony has been visited by refreshing rains, and the crops were represented as very promising. H.

S. RtMksmahe, Ciptain Hobsou, from Triiicomalee, was in Simon's Bay on the 19th or October. The Governor was on a tour through the various districts. The following are the latest market prices i Apples, lb 12 Ust Apricots, ditto, ditto; Potatoes, muid. 12 16 Rds; Beans muid.

16 (3 24 lids Butter, 16, 36 48 St i dry 0 hides, 3 5 lids Ducks, and muse, ditto, 2 ditto Peas, muid, 10J- 13 ditto; Barley, muid 7 7J ditto; Hens, each, ditto; Geese, ditto, 32 ditto; Turkeys, p. ditto, 35 ditto; Oats, muid, 6 7 ditto; Hay, 4 5 St Wheat, III inuids, 167 19JJ lid Lentil, muid. 24 ditto M.iize. muid, lo ditto Pear, lb 4 8 St Peaches, ditto, 6 15 ditto; Raisins, lb, 5 6 ditto Rye, mui 0 Rd Tobacco, lb, 20 22 St; Onions, muid, 15 16 Rds Pigs, fattened, 31 45 ditto ditto, nfaltcned, 12 15 ditto ditto, suoking, 3 ditto. Suet or tallow, lt, 15 16 ditto; Wines, ordinary.

leg 50 ditto Pontac, 100 illo; Wool, lb, 16 S8 32M; Oranges lll-i, 3 3 lids Sill, moid, 3J Ml 5 ditto Soap, 16, 20 21 St. CANADA. New York papers to the 10th instant, and Cumuli, to the 4th, have been received. The Congress adjourned on the tfth. The following are some extracts from these journals (From the Quebec Mercury of the 2Sth June.) Wc are sorry to say that both His Excellency the Governor-General, and His Excellency Lieutenant-General Sir Jolm.Coloorne, have met with accidents within tho last two days; fortunately neither nave proved so serious as imglit have been the case.

Iord Durham, when descending the ladder from the Inconstant frigate, on Tuesday, to embark in ttie uarge, unfortunately caugiit his heel in one of the steps, and be fell forward with much violence, and had not the fall been broken by Admiral Charles Paget, who was already in the barge, the consequence must have been alarmingly severe, bir John Col borne accident was by the fall in ir of his horse vestcrdav, when His Excel lency wan taking his morning ride; whilst pro ceeding at a hand gallop the animal fell, and the gallant General received some cuts and bruises in the face he, however, remounted and pro ceeded borne, declaring but little hurt The tlcam-b-ut Eagle, arrived from Montreal about two o'clock to-day Mr. Bullcr, Chief secretary, wus a jtussenger. By this boat we have received the Montreal i-apers of yesterday. We cony from the Mormne Vhrontvie the lol- I owing account of the afiuir with the rebels some miles from Chippewa A passenger who left Niagara on hat unlay evening, and arrived hy last night's stage, confirms in most ol its particulars the account furnished us by the Niagara Reporter Extra of the Thuisday beiurc the attack on Usterout's tavern, at aliort hills, near Chippewa. He states, however, that the assailants were not believed to be from the line.

One of th Volunteer Lancers in the house escaped, he states, to the main body of the corps near Lundy s-lanc and this force, on bearing the alarm, followed and overtook the assailants, ten of whom were taken and three wounded. The tavern was not burnt to the ground. (from the Quebec Mercury of June oO.) A supplement to the Gazette, by authority, of Thursday last, contains a list of the members of the Special Council appointed by His Excellency ihe Governor-General, two ordinances passed by tllD C-mnptl. th first tn nrnvinftJilC lift Safety of tne province," the second tor estabusiiing un cilicicnt police in the cities of Quebec and Mon. trcal, and a proclamation granting an amnesty under the provisions of the ordinance hrst above- mentioned to persons confined, or who have fled the province, on account of political offences, with the exception of those who arc accused of the murders of Lieutenant Weir, of thcS2rd Regiment, and of Chart rand, and of certain other individuals whof cases are specially provided for in the ordi nance.

The present fate of the prisoners incarcerated as being implicated in treasonable actions, of various snades, is settled by the hrst ordinance. W. Nelson. R. Bouchettc, and six others, are transported to the Island of Bermuda during her Majesty's pleasure.

There are many, no doubt, who will consider this punishment tar too light for the heavy crime with which they are charged but. when all the circumstances under which they stand ane considered, it will be clearlv seen that had they now been brought to tnal and convicted. it would have been considered England, and by all moderate persons iu these provinces, as little less than the infliction of a political vengeance, with a sacrifice of human life which the actual state of the province does not require. It must be considered that these persons have been subjected to a long confinement, and although martial law has been in force, in the Montreal district, in the gaol in which they are imprisoned, yet no attempt has been made to bring them to trial before a court-martial and it is pretty generally admitted that, in the state the province has been and yet remains, the chance of convicting a person charged with a political offence would have been small indeed at the time thete persons were apprehended. and we do not think an appeal lo a jury could now have been made with a better chance of success.

The prisoners have severally confessed their guilt, and they are removed for safe keeping to islands, where they are to remain under such restraint as may bo requisite to prevent their return to this province. Had these offenders been tried and convicted in a Court of Justice, and the punishment awarded tlicin been commuted lo that they are now to endure, tve should have con sidered it as a mocKery oi justice, and holding out an encouragement for treason. But on confession made, as has been done by then persons, transpor tation to a situation where they cannot disturb the peace of the province is all that justice or a regard for the public peace now actually requires, and, therefore, had greater severity been used, it would have been denounced as cruel and vindictive, and the culprits would have been, by the multitude, exalted into political martyrs. Messrs. Papineau, Cote, O'Callaghan, n.

Nelson, and twelve others, who have fled to avoid the pur. suit of justice, are outlawed, and if taken at lare within tho province are to suffer death, as guilty of high treason the same penalty attaches also to the return, without permission, ot tnoe trans norted to Bermuda. Jalbert and the others, confined for murder, are excepted from the operation of the ordinance, and will take their trials in the duo course, as are also all those who aided in the escape of Louis Lustier from the prison of Montreal. The proclamation allows all political delinquents, with the exception of the net-kons whosocascs are particularly provided for bv the ordinance, to return to their homes, upon giving security for their future good and loyul be haviour iniS Clemency, i wmiucifiir iiupcu, will be iustlv amircciatcd by those to whom it is extended, by their connexions, and by all who hive, in a greater or icssvr uvruc, p. the Into treasonable proceedings.

But if, con trary to this just anticipation, they should prove ungrateful, and engage in any fresh attempts to disturb the public peace, or overthrow tne uo vernmcnt, they cannot expect that a repetition of their oflcncc will meet wiui similar inuuigent treatment but, on the contrary, must expect that their delinquencies will be chastised by that power flirv have already proved their inability to resist, yet it is to be hoped that none will he found so reckless or so wicked as to disregard the awful wimiin.r thuv have experienced, or to return with ingratitude the mercy which tho beneficence of our august queen lias exicnueu to inese unenucr. The second ordinance, for establishing an IE cent in Governor's cows, was plaid at bar 'or jus, nicnt. Mr. Foster, submitted lhat the orL must lie discharged, as the evidoce clcsrl, eni Wished tbat the prisoner stole ths cow before he killed it. Tho ttatute making killing cattle a lelony was ly intended to apply where tbe bctst was killed ill the owner's field, and when ike wus not a sufficient aswrtationtocreatealarnr After hearing the Attorncy-Ueiieral in suonort tho indictment, the Court hrld the olijtctioMo be fatal, and judgment was arrested.

Prisoner rel luandcd on'othcr charges. John Bl.ike, James Lamb, George Palliier ana Charles Toulouse having been placed at the' the Attorney General moved that their trials be postponed until next session. The affidavit o'mV William Hobbs stated that a black boy, MBJ Davy, told him thatJic stood behind a tree ami saw the prisoners and others inurilur that Davy is nineteen years of age, can tpetk English, and, in the opinion of Mr. be sufficiently instructed so as to become a nm tent witness. The affidavit of the Crown Solk-ui stated that it appeared by the depositions tbst ISnvv 1 1 Mllu uiaicnai witness for the prosecution.

The learned Attorney-Genti, alluded to several cases in which this course luil uceu pursued. Postponement of trial ordered. The Attorney-General said that ha r-l, sary for the protection of Jurort to I move lor an attacbnxit agaiust certain parties. He held in his hand the affidavit of George Sewell, of Pitt-street, lane, holder, which stated that he was Foreman of tbe Jury on the tlial of Kilmnister and others for the murder of the blacks; and, in consequence of the verdict he bad returned, he had been abused and insulted by Thomas Douglass and Edward Burton. uu uonon saia to nun be was a rogue, and deserved to be hanged," and that "when Knight rose uo hcouirhi in his brains knocked out that oa Saturday, he was abused by Douglass for finding white men guilty about a parcel of cannibals, and Douglass said he nuuiu ior a monm ueiore lie would have found them guilty." The learned eentlem.n several cases from Chitty and Hawkins, to show tuas any person wno anuses or threatens a Juror is punishable by fine or imprisonment, he therefore moved for a lule returnable on the first day of The Chief Justice said that, for nhvimn the Court wished to decide the matter at once! were tnals coming on next term which night be affected by the discussion of Hi m.

they would therefore grant the rule returnable on' aionuay. The Attorney-General went through the Hit prisoners confined in Sydney Gaol. Tjjiii, Francis Hoolaghan, Joseph Ralph, Thomas Stone, John Brooks, George Kemp and Dennis Ryan, convicts committed for various offences, but whom ine Attorney-ueneral through the absence of witnesses and other causes, was not in a situation to prosecute, were discharged to Hyde Park Barracks. Frank, an Aboriginal black, charged with ths murder of one of his own tribe Mooney Moeney cuaigcu wim noting sneep at rort rniinp, and Nanny Moon charged with murder at the same place. In consequence of the absence of wiu esses these cases were remanded to next term, and the Court particularly impressed upon the Crown Officers, the necessity of using every energy to provide interpreters in order that there may bs no failure of justice from that cause.

Joseph Jennings for stealing flour, and William Jones for highway robbery, were discharged upon their own recognizances of 50, to appear when called upon. John Keen and John Deady for perjury, and Daniel Coffee, Catherine Macdonald and Msrr Smith for robbery, whose trials were postponed, were ordered to be admitted to bail. The country gaols the Attorney-General said. contain no prisoners but those for the Quarter Sessions, lie had received no return of the prisoners tried at Campbelltown, but he had reason to suppose that for some reason or other there were a good many prisoners not tried neither had be received any returns from Parramatta and Windmr. The Bathurst Gaol was clear, and tbe Maitlsnd Quarter Sessions were to be holdeu on Mondsjr, winch would clear the Newcastle Gaol.

DOMESTIC INTELLI3ENCE. Ths Rar.iHrHAi'a Aau. will remember that ia the early part of this year, the udges made a number of new orders of Cuuit, one of which was, that the Registrar by the 15th of September should deliver in an account of all the monies belonging to intestate estates wnicn nugnt remain in his hand at that time, and pay the balances into tho Savings' Bank. When tbe Registrar delivered in his report of the accounts, Mr. Justice Burton at the request of his brother Judges undertook lo audit them.

It all the accounts the Registrar had given himself credit for five per cent commission on all sunn which ne had collected, but the Judge not thinking that the Registrar was entitled to anv commission, made a special report in the case of an intestate named Host, the representative of whose heir had arrived in the Colony, in order that the Court might decide the point, but as the commission on thit estate wat only 2 or 3, and the expense of feeing an attorney and barrister, and to move the Court in the case could not hare amouated to lest than 29, the party representing the heir left the matter in the hands of the Court aad refuted Ho move in it. His Honor on the hut day of term delivered hit reports in tie whole ot the estates, fifty-eight in number, not allowing the commission, and tbe Registrar mi ordered to pay the amount! specified in the report into the Savings' Bank within ten days, unless he made exceptions to the report. The udges ut in open Court yesterday for the yurpote of hearing: tne matter argued, mr. manning objected to Hit Honor's report in sixteen cases, where Bis Honor had disallowed certain disbursements, and also to the disallowance of the commission which amounted to 279 9s. 5d.

the first sixteen, exceptions were merely mattes of disputed accounts, fourteen of which the tourt decided in favor of Mr. Manning. The questtn of the commission wasargued for Mr. Manning MMeurs.a'Becket and Foster, who contended that according to the charter of justice the duties of tfc Registrar were to be similar to those of the Meiers or Registrars of the Courts at Westminster; ad, that although by the New South Wales Actine Court is empowered to grant letters of adiniitration to the Registrar, yet it does not folio' that he it to be appointed at Registrar but mecy because he is a responsible man, the tame atae Magistrates of the Colony are made assessors, The Court being' empowered to grant commissi to executors or adminstrators, and at it appted that the sun chaiged by Mr. Manning forcimission amounted nly to 4277 9i.

while ifas evident mat ne had expended 196 in casein which he had not collected a single fating, they confi dently submitted that the Cou would exercise its power and grant a commituc in tne course 01 hit address Mr. a' Beckett tided to sundry re ports which had got abroad fleeting Mr. Man-, ning, upon which the Courfbserved that none but the moat perverse ml could have supposed that it ever intend- to cast any Ins. putationt on Mr. Manninf moral character.

The Chief Justice and Mr. itko Burton were: of opinion that Mr. ManninVad shown that he-is not acting in pursuance of I duty of Registrar when he it collecting eital but at an and it entitled to commission the moneys collected by him and they aidingly ordered him. to be credited with the si claimed for commission. Mr.

Justice Wildiffered from tbeir Honon at he thought it I more a matter for the Government who appoiJ Mr. Manning and knew what hit dutiet wercaan for the Court to. decide upon. Sheet Almanac In alion to the almanacs which we have already allil to, Mr. of Hunter-street, hat pulilhl one which, besides the usual information, cjnt the telegraphic signals from Fort Phillips South Head, tho signals used at Newcastle Port and a table of boatmen's atarmcn't feet.

A large steam-boat, for Jise of the Commissa-riat Department, it shortlyMed from England. During a temporary adJiment of the Court in the trial of Kilmaister mthert on Thursday, Mr. Hobbs, one of tho wieet was arrested by Buckley, a Court of Requfiaililf. Mr. Hobln i-nt into Coin I and comutd tu Judge Burton, who Immediately fined M7 which Proclamation for silence was then made, and Mr.

Justice Burton proceeded to pass sentence. His Honor said Prisoners at the bar, you have been found guilty uudcr un information charging you with wilful murder. At your trial a point wus reserved whether that conviction was right which your learned Counsel have had an opr-tunity of arguing, but by abandonimr it thev have shewn the Court that they feel that with which the Court was fully impressed, and although the Judge who tried you might have varied in his opinion, the Court feel bound to hold that there is nothing in the objection. You have been found guilty of the murder of men, women, and children, and the law of the land says, whoever is guilty of murder shall suffer death, and this sentence it is imperative ia all Courts which are called en to try such cases, to pass. This is not a law of mere human convenience which may be adopted or rejected at pleasure according to the conventional usages of society, but is founded on the law of God, given at the earliest period of scripture history when there were only a few people on the face of the earth; and from these few are descended all the people that are now in existence, men of all kindred, men of all languages, men of all colour.

The law was given in imperative terms. whosoever sheds man's blood, by man shall bis blood be shed, and 1 doubt whether this law can be varied from, at any rate there will be a great national guilt incurred by those who dare to depart from it. No civilised country hus a right to vary the construction of this law in order to declare to what objects it shall be applied, for the terms of the law aru express and canuot be misunderstood. The circumstances of the murder of which you have been found guilty are of such singular atrocity that I am persuaded that you long ago must have exacted what the result would be. This is not the case where a single individual has met his death by violent means this is not the case, as has too often indelibly stained the annals of this Colony, where death has ensued from a drunken quarrel thiF is not the case, when, as this session the Court has been pained to hear, the blood of a human being aud the intoxicating liquor were mingled on the same floor this is not the caie where the life or property of an individual has been attacked, ever so weakly, and arms have been resorted to.

No such extenuating circumstances, as these, if any consider them extenuating, have takcu place. This is not the case of the murder of one individual, but of many men, women, and children, old men and babes hanging at their mothers breasts, to the number in all, according to the evidence, probably of thirty individuals, whose bodies on one occasion were murdered poor defenceless human beings. A party of blacks were seated round their iiies.which they had just made up for the night they were resting secure under the protection of one of you they were totally unsuspecting when they were suddenly surrounded by a band of armed men, of wnom you, tne prisoners at the bar, were half, and all of whom were equally guilty. The blacks fled to the hut of one of you for safety, but that hut proved tiie mesh of their destruction. In that hut, into which they had fled depending for security in that hut, amid the tears, the sighs, the sobs, and the groans of the unhappy victims, you bound them, one by one, with cords the father, the mother, and the child you led them away a small distance from the hut, where, one and all, with the exception of one woman, met one common destruction.

1 aai not stating these fucts for the purpose of aggravating the paiaful fcelimrs which you must naturally feel after being convicted of this otlence, but iu order to portray to the bystanders the nature of your offence in an alarming ugnt, in order mat tney may see what ollencc it is for which you are about to oner up your lives. caanot expect that any words of miue can reach your hearts, but I hope that the grace of God may reach them, for nothing else can reach those hardened heajts which could surround that fatal pile, and slay the fathers, the mothers, and liiu infants. Extraordinary pains were taken by some one, cither by yourselves or persons interested in the concealment or this auair. to keen it from coming to light. You burnt the bodies for the puniose of concealment, but it pleased God to send a witness to the spot before they were en.

tircly consumed. Atterwards some one removed even the remains that were left. The place was swept, varaishcd, so that no vcstiite might remain but the crime had been witnessed in heaven, and could not be concealed. The hundreds of birds of prey that were floating about were witnesses enough to the whole neighbourhood tiiat a carcass was lying there, which would attract even the least interested to the spot, to tee whether hit own ox or his ass were lying there. But notwitb- itanding all the enorts that were made, the rib bone and jaw bone of a child, aad tome teeth, were found on the spot.

But there is a yet more strik ing proof of your guilt for it pleased God in his Providence the day before this crimo was com mitted to send rain on the earth, though which your tracks from Newton's to Dangar'i, and from Uangars to the tatal spot, were easily traced. From the hut to the spot where the deed wat committed there were the traces of horsemen on eacn side ana tne naxea leer, ol ine blacks in the middle, while from the spot there were no truces of the blacks returning. This affords the strongest corroboration of the evidence of the man Anderson. This offence wat not com. mittcd without premeditation, for it was proved that the party were collecting down the river some dayt before the murder.

They were met down the river by Burroughs, preparing pouches, and putting straps to swords, doubtless for thit purpose. On the Saturday they called at Newton's asking for the blacks, of course intending to no toinctning witn tnem. on Sunday evening, after spending the day in looking for them, you took them away from the ttation, thus doting that bellowed day by a scene of murder, and doubly exposing yourselves to Divine vengeance. 1 do not think that Christian men, men speaking the language could nave brought them. selves to the commission of this crime unless they had reason to suppose they would be screened from the effects of it.

You miuht have flattered vour- selves that you would have been protected and screened many did seek to conceal it, none endea voured to bring it to light, but unhappy men, what you did was seen by God. I do not make these remarks for the purpose of increasing your pain and I would not for a moment delay passing ten. tence upon you, but to make the by-itanders know what the law is, and what the Judges will do on tucli occasions, and that is their duty. Whether few persons or many are concerned, whether one or twenty, whether black or white, the law will be equally upheld. You are objects of great comnus- teration, and while I do my duty at a Judire, cannot conceal my feelings at a man, and there.

fore I say, that 1 feel deeply for the tituation in which you arc placed, whatever may have been the motives by which you were stimulated, and trust that they were none other than those men tioned in the indictment, that you had not the fear of God before your eyes, but were moved and seduced by the instigations of the devil. If they were not your only motives, if you did act at the instigation of others, I trust that it may be brought to light, I cannot hut look at you with commis- scralion; you were all transported to this Colony, although tome of you have since become free i you were removed from a Christian country and placed in a dangerous and tempting tituation; you were entirely removed from the benefit of the ordinances of religion you were- one hundred and fifty miles from the nearest Polico station on which you could rely for pro tection bv which you could have been controlled. I cannot hut deplore that you should have been placed in such a situation tnat tucli circum. ttancci should have existed and above all, that you should have committed such a crimo. But this enmmisscration must not interfere with the stern duty, which, as a Judge, the law enforces on me i which is to order that you, ana each ot you, no removed to the place whence you came, and thence to a place of public execution, and that at such time as His Excellency theuovernor tuau appoi you be hanged by the neck until your bodies Chandler, it is added, wus killed in the pursuit, by au officer named Heath.

One thousand dollars and many paicrs are lid to have been found on his body. The Lancer wounded the evening before wus since dead. The Patriot says, that there are some hundreds implicated in the aHair, and that they were brought over in small parties at a time, ia a steam-boat Red Jacket, and landed a little above Chippewa. Such statements, however, we need hardly say, are to be received with much allowauce. (From the Montreal Courier, July 4.) We were favored last night with the Toronto British Colonist, of tile SStli, tho Kingston Chronicle, of the SOth, and some other naucrs.

just received by mail. The following extracts give 11 the news we hud in them Mr. Solicitor-General Draiicr has proceeded to Niagara, to conduct an examinatioo of such prisoners as were taken, and it is stated that a court-martial will be forthwith ordered for their sum mary trial. lly the Transit last night from Niagara, we received intelligence that James Morrcau, for whom His Excellency Sir George Arthur oil'ercd a reward of .500 has been taken and lodged in gaol, lie is said to have been apprelienucU by a Scotch farmer, who observing him lurking sus piciously ubout his premises. Ho was not aware until he delivered Morrcau over to the authorities, whom he had, or that his prize would yield him 500.

We cannot state positively how many nrisou- crs have been taken, report says twenty-seven, some ot whom were taken at Hamilton, and others at Niagara, and they remain in custody at these places, major ot some tigure wearing an i uniform, stars, and on his breast, is said to have been taken. Sonic of the prisoners have communicated in formation to the authorities, connected with the of Short-hills, which may, we trust, lead to the ueteotion and apprehension of the movers in this busiuess. British Colonist. "Tkul of nut WATEaTown Phisoniihs. On Weducsday morning, Forward, indicted for burning and plundering the Peel, was arraigned, when the prisoner's counsel moved that the trials of all indicted for the same offence be put over, for the purpose of obtaining evidence, which, after due deliberation, the Court was disposed to grant.

It is eiiccted that a special Oyer and Terminer will be held for the trial of those prisoners the gaol was cleared of all others at the late term." Je fersonian. The Toronto ratriot of the SGth, states that about thirty prisoners had been taken near Drum- luondvillc, and adds, that "rumour gives the names of several, auione; others. Spencer." late aide-de-camp to Sutherland, who was set at liberty me otner aay tne rauaaium, ot the 27th, says 'nearly thirty," and names M'Leod, Wade, or Marshall, and Spencer, as of the number. The swamp, it is added, was surrounded by troops and volunteers. Sir G.

Arthur had re turned from the scene of operations to Toronto, as ne learn from the following paragraph of the same paper The Transit arrived at eleven o'clock, having on board His Excellency the Lieutenant Governor and suite. The accounts brought by her confirm our previous information. It seems, however, that the trials will not tnke place until an Order in Council has been issued to that effect, which we trust will occasion but a short delay." HijtiLTON. On Tuesday last, Mr. Iliggins, high-bailiff, arrived here from Toronto, and on Wednesday returned thither, taking with him, by order of His Excellency the Lieutenant Governor, all the prisoncis who were lately brought here from the London and Western districts, with the exception of John Moore and Nathaniel Deo, who lor the present remain They, were chained ill rvurs, escorted the wharf in uruut'Anc ad placed on board the Britaania steamer, which int.

mediately proceeded on her voyage. Serjeant Atkiuit and a party of the 3d Gore accompanied me prisoners. uazette, June 26. Colonel M'Lean, with two companies of the Eat York Militia, has been placed on active ser vice in the Township of Pickering, where in consequence of intelligence gained from an intercepted letter at tne Toronto 1'ost-ollicc, we believe some further disturbances were expected to take place. t'oburg Star, June 37.

The Niagara Chronicle, just received, contains a long narrative of late events on that frontier, but wc have not at present room for more than a brief extract A vast number of persons were captured by various paitics detached to scour the woods. The following tlx, captured by the militia in Gainsborough on Saturday last, were safely lodged in our gaol on Monday night they were all engaged at St. John's, and near to the 'spot where they were captured were found eleven stand of arms with eighty rounds of ball cartridge to together with sundry swords, pistols, and a Lancer's cloak was taken from the shoulders of Kemp. Their names are tlward Seymour, John Grant, and John James, Canadians Solomon Kemp nnd Garrett Van Camp, Americans Joshua M'Mullan, Scotchman. "Van Camp has made a valuable confession, which will do a good deal towards unmasking traitors, discovering concealed arms, and exposing the designs of the brigands.

"Yesterday, the following prisoners were brought down from Drummondville, in custody of a detachment of Captain Dickson's troop, and lodged in gaol 1 Samuel Chandler, Benjamin Waitc, Norman Mallory, and James Waggoner. Chandler and Waite were leaders. The latter bore a major's commission, and in his possession were found various papers containing much useful information. The Lieutenant Governor left thit port for Toronto last evening, having previously intimated that a commissja)ii will sit here next week for trying the prisoners. To-day Lieutenant Heath and a party of Lancers brought down the following pnsoneia Street Chace this patriot escaped conviction for felony at our last assizes by the skin of his teeth), Robert Kelly, Freeman Brady, and Lonn Hedger.

Lieutenant Heath states that he taw in cus. tody at Drummoudville James Morrcau, for whose apprehension Sir G. Arthur offers a reward of 500, and also Silos Fletcher, fur whose apprehension a similar reward was offered by Sir F. fi. Head.

From another source we hear that Gibson, ex M.P.P., is a prisoner. Most of those above, named aro Navy Island or London district heroes, and two or three of them are said to have been concerned in the destruction of the Peel. A vast number nf prisoners are confined at Drummond ville. Sheffield Mercury, Aug. 4.

LAW INTEXUGENCE. SUPREME COURT Criminal Side, Wednesday Before the three Judges. Charlet Kilmaittcr. James Parry, James Oatet, Edward Foley, William John Russet, and John Johnstone, convicted of the wilful murder of a black child, to the Attorney-General unknown, were nlaced at the bar. The Attorney-General prayed the judgment of the Court.

Mr. a' Beckett Said, that at lie was not in Court when the point was reserved in the prisoners' favor, he would thank His Honor to inform him what the precise point was. Mr. Justice Burton said, that the point reserved was whether the murder of two separate indivi duals committed at one and the same time, being included in one indictment, and the prisoners being convicted of one of them the conviction could bo supported. Mr.

a'lleckett submitted that any other point was onen to him to which the Court replied, an point that appeared on the face of the record wet open to mm. couple, 13s. 16i. Eggs, HP dozen, 2s. GJ.

8s. 6d. Flour, first, 100 1 Ss. 1 6s. seconds, 1 Is.

1 4s. Fowls, couple, 15s. 16s. Hams, Is. Is.

4,1. I lay, V. D. ton, 16 18; bush, ditto, .4 4 10s. Horses, 40 70.

Mutton, 8 4d. lb. Oats, 6s. 6sr Cd. Potatoes, Dcrwcnt, ton, 8 8s.

10 Melbourne, ditto, 12 Gil 18. Soap, English, 6d. 7d. Salt, 1 Ss. 1 10s.

Tobacco, American, in bond, 2s. Gd. 2. 9d. Brazil, ditto, ditto.

Wool, Is. Is. 3d. We arc happy to give our readers this week, a copy of the answer returned by Sir George Gipps to the Memorial presented by Dr. Thomson from the Settlers of Port Phillip, the purport of which wus to obtain some direct return to this place in emigrant labourers, for the money dniivn away at the land sales.

To tin Sditors of the Port Phillip Gazette. Gentlkmkn, Having presented a Memorial to His Excellency Sir George Gipps, requesting that Emigrant shiis with suitable labourers, may be sent from England direct to Port Phillip, to the amount of the funds eonti ibutcd here for that purpose, I beg to enclose, His Excellency's reply thereto, for the information of my fellow Settlers. I tun, Gentlemen. Yours, ice, A. THOMSON.

Port Phillip, November 9. 1833. Colonial Secretary's Office, Sydney, 10A October, 1S38. Gentlemen, I have received the commands the Governor to inform you that His Excellency hat written to the Secretary of State, requesting (in compliance with the desire expressed in your letter of the 29th ult.) that a ship may be immediately sent to Port Phillip, with emigrants, aud auoiucr auer a lapse ol lour niontus. 1 have the honor to be, Gentlemen, Your most obedient servant, JS.

UEAS TIIO.USOV. Alexander Thomson, Esquire, and other proprietors of land and stock at Port Phillip. Incredible as it may appear to people in Eng land, it is no less true, that mcu servants, at present, demand aud obtain fifty-two pounds per annum, with board and lodging, and female servants from twenty-live to thirty pounds a year. We hope the time is nigh at hand when we shall have the pleasure of seeing vessels direct from England entering our port with emigrants. VAN DleiYIE.V3 L4.ND.

By late arrivals, we have received Ilobart Towa papers to the 27th but they contain nothing of any particular interest. The government was about to introduce a law to make the Mexican dollar current at the a imc rate as the Spanish dollar. That portion of the pUyWrl'JWlaWe particularly interested in the introduction by law, of a foreign coin, at a rale far above tho value which it bears in other coun tries. In commerce with England. America, the Mauritius, and Calcutta, the colony will lose by these dollars from four penc to seven pence each.

or from eight to fourteen per cent. and in China, wheie gold and silver is the only medium of ex change that can he used for the purchase of tea, and the other proluce of that country, they will not pass at any value. The Insolvent Law of Van Dicmen's Land is about to 'undergo some very material alterations Council, owing to the numerous frauds which have already been committed under its provisions. Market Prices, November 27. Tito supply of wheat has been good during the week, and so has the demand some purchasers still relying on the prospect of another rise in wheat, in consequence of the state of the Sydney crops.

We know 'of 9s. being obtained for one parcel of 100 bushels of very line quality. If the reports which we have received from Sydney, and from all parts of this colony, he correct, wc have no doubt that there is quite enough of wheat in store, and growing in thit colony to supply the wants of both colonies but, at the tame time we have no doubt that the demand will be brisk, and the prices good, for the next twelve months, unless we arc swamped with foreign wheat. Wc have copied the latest market articles from the Courier of this morning, and the Launceston Advertiser. Hoiurt Town Wheat 7s 6d to Ss SJ, barley 5s to 6s GJ, oats 4s fid to 5s per bushel hay (new) 4 to i 15s, do (old) 5 to a 10s, straw 3, potatoes (old) 10i to jEli 10s per ton, do (new) Id to 2d per lb, cabbages Is to Is 2d per doz, turnips ond carrots 2a per doz bunches, green pent It 61 per peck, cauliflowers 1 6d per doz.

Walker's Mill. Fine Sour 2i to 26 se cond do 22 to 2i per ton, pollard Is 8d bran Is 6d per bushel of 20lbs. Minninoton's Mill There is very little bus incss doing in the flour trade at present, price 26 per ton, wheat 9s to 10s per bushel but little offered for sale. Butcher's Meat Beef 5J to 8d, mutton 4d to 5d per lb, or by the carcase 4d, pork 7d to 8.1 veal lOd to It per lb. Launciiston.

Wheat 8s to 9s Gil, barley 5, Gd to 7s, oats 5s to 5s Gil per bushel I flour fine ner 100 lbs 26s to 2Ss, second! 23s to 25s True Colonist. CAPB OF GOOD HOPES- We have received Cape papers to the I Oth of October. At hasty glanco, which time hat only allowed ua to give them, as yet, they do not appear to contain any Intelligence of imine.lt ite interest, In our neit number, however, we will giveasuminiry of their The Iron. tlqrt were still infested by hordes of Callera and other vagrant natives, committing deprcdationi in all quarters. The emigrant farmers were still undrr tho necessity of entering Into frcquout hostlla encounters with the Zoola tribe, by whom they were frequently attacked and plundered Upwards of three hundred farmers have taken up their residence at Port Natal, and are very do- lirout that Ihe government should establish lhat port at a British Colony.

Tho papers aro ful of accounts of cattle and aheep aloaliug by Ihe Coffers. Late Mauritius papeit complain about NOTICE TO CORRESPONDENTS. Pax is in error the paragraph he alludes to did not appear in thit journal. He can have hit manuscript by applying in the counting-nousc. The Sydney Herald.

FRIDAY, DECEMBER 7, 183S. Simrn to no Master, of no Sect am There are, we think, few persons, unin- hw partisanship, who will not admit thai the 1 I prosecution of Mr. Macalister by Mr. Plunkelt, is the greatest political blunder which the latter gentleman has committed since hia arrival in the He has, thereby, afforded the strongest" possible reason tor having the anomalous political position in which he is placed as Attorney- General of this Colony, subjected lo the closest scrutiny and afforded, also, to the Colonists strong around for seriously considering the question, whether enough has not already been shewn to warrant them in applying, by petition, to the Secretary of Stale, for the removal from ofhee ol Mr, Plunked, should he nut feel himself called upon to resign With respect lo the result of Mr. Macalister's case, it appears lo us that the prosecutor has little to boast of even personally.

The fine imposed upon the defendant was of bo object to him, in a pecuniary point of view while, to Ihe I Attorney-General, prosecuting in his own case, Ihe observations that fell from the Court must have sounded far from agreeably. He stood precisely in the position of a quarelsome person who having provoked an individual to commit an assault upon him, appeals directly lo the law. Few persons, we think, would envy Mr. Plunkelt the remarks made by the Court, with respect to thV clear provocation which he gave Mr. Macalister, when he attended at the police-office lo enact the pari of a political pariizan and particularly, that one, to tho effect that had the defendant applied to him much stronger language, at the time, or directly after, he would have been perfectly luslihed Such an ob servation as that must have been worm wood" lo the deputed conservator of Ihe peace and public justice of the Colony I Little as Mr.

Macalister must think of the fine imposed upon him, tee are of opinion thai even the sum of fifty pounds was too great a penalty under all ihe circumstauces alter tne veroici oi io jury, auu ine remarks made bv the Court, lrue, there I I. I tf I I was lime tor sue cool; and he might really have been desirous of passing ihe mailer over with- out notice. But there are some persona whose tempers become Ihe more impetuous from the very effort lo restrain them and particularly, if they should happen to be quizzed by good-natured friends' V.V Plnmnril savs. it is just possible, lhat Mr. Macalister may be one of those persons ana may nave neen urged to lake up Ilia pen Dy oeing, now and tlieo, jocularly reminded lhat, in point of intelligence lo fit him for the Chairman ship, he was Ihe equal of Allot, Ihe Crinr of the Court, or Jilks, the lata Chief Comtable of Sydney that if it rested Upon some point of law whether a prisoner should be transported or not, the easiest way for Aim lo decide it, would be in- to toss un head or harp We repeat, therefore, lhat a mere nominal fine would have been sufficient to meet the justice of the case, under such circumstances.

But the Court told the Attorney-General in plain terms, that. In its opinion, not hia conduct in reference lo Mr. wholly unjustifiable, but lhat he acted unconstitutionally in taking part in luThecome his ttaly to nd case, for ca Thave any doubt that the Altoruey- Cenml Gt.a Jury and PuuTprosecator as he is, should have 1 U-i 1 KM-.