Open main menu

Page:The Perth Gazette and Western Australian Journal 1(1).djvu/3

This page has been validated.


His Grace, we conclude, found it impossible to form a Cabinet out of his party, who would pledge themselves to carry such a Reform. The Duke of Wellington, having committed himself so openly and decidedly as the opposer of all Reform, could not put himself forward ostensibly as Premier, under such a pledge but he professed his willingness to serve his King, by supporting any Minister whom His Majesty should find willing to undertake the Govemment, under the circumstances of the times. Sir Robert Peel, it seems, upon being asked to become Premier, positively refused. The result of the King's application to the Tory-party was, that his Grace the Duke of Wellington confessed his inability to form such a Ministry as would pledge themselves to carry Reform so extensively as seemed necessary to satisfy the Royal wish, and advised, in consequence, that the King should have recourse again to his former Ministers.

Accordingly, Earl Grey and his colleagues were restored to power, or rather, the former Ministry were continued in office, with full powers to carry the Bill, and the Bill was in consequence carried

On the 7th of June, His Majesty gave his assent to the Reform Bill in the House of Lords, by commission The Royal Commissioners were — The Lord Chancellor (Brougham) the Marquis of Lansdowne, Earl Grey, the Marquis of Wellesley, Lord Holland, and Lord Durham.

The news of France, brought by this last arrival are of the most distressing character. In the departments of Maine et Loire, Vendee Loire Infeneure, and the Deux Sarres, the partizans of the exiled family had contrived to hoist the standard of rebellion. The Government had declared these districts in a state of siege. On the other hand, a popular movement had taken place in Paris itself On Tuesday (June 6), the people had bearded the Government, in attempting to convey the corpse of General la Marque to the Pantheon, instead of the Barriere d'Enfer. From about 5 o clock, till nearly midnight, there was continued fighting in different parts of Paris, between the national guards and the mob, the people had taken possession of the Banks, and "Vive la République! was the prevailing cry of the day.

M Casimer Perier died at Paris on the 16th of May. The alarm about the cholera had been absorbed by the extent and magnitude of the political excitation both prevalent in the city and abroad throughout the provinces.

By the present arrival, too, we learn that two of the ornaments of Great Britain have paid the debt of nature, viz Sir James Macintosh and Jeremy Bentham. Sir James Macintosh was distinguished by his varied and extensive knowledge of mental philosophy and polite literature. His conversational talents were ambitious and imposing and his oratorical powers of the first order His health had long been feeble, and his illness, towards the close, was severe and trying. Jeremy Bentham was a philosopher of a totally different character from Sir James Macintosh. Sir James was ambitious of distinction among his contemporaries. Jeremy Bentham avowedly and perseveringly devoted his labours to the good of all mankind, regardless of the applause or approbation of any living man He has laid the foundation of his fame on a basis as broad as that on which human nature is reared and while human nature exists on the surface of this world — whilst the family of man possesses this earth, — Jeremy Bentham will be acknowledged throughout all its generations as one of the most distinguished benefactors of the race

The following extracts from the London papers of the 6th and 8th of June will give our readers the particulars of the final settlement of the Reform Question

The third reading of the Reform Bill was moved in the House of Lords by Earl Grey, on Monday June 4th, and carried by a majority of EIGHTY FOUR. Lords Winchelsea, Harrowby, and Wharncliffe made "last speeches" upon the subject Lord Carnaervon entered a protest on the Journals against receiving the Report of the Committee on the Bill, which was signed by 17 other Peers Most of the Opposition Lords, however, absented themselves from the voting

In the House of Commons, the Bill, as amended by the Lords, was moved by Lord Russel on Tuesday June 5th and after a stormy debate, in which a number of the distinguished speakers took a part, the amendments were read a second time without a division, and the Bill was ordered to be returned to the House of Lords, in order to receive the Royal Assent



Perth Tuesday 4th. December—Before G. F. Moore, Esquire, Civil Commissioner—Executors of Gaze v Butler, to recover £40 for labor done. The validity of Gazes will objected to by Mr Butler. The case ordered to stand over in consequence of the Plaintiff having left the Will at home

The Commissioner remarked that people frequently came into Court with very little evidence, thinking cases could be decided without it; the result of this misconception was much inconvenience and additional expense.

Langley v G. Leake— to recover £17 13 6 for attending a soldier at the Murray. The Commissioner wished to be informed whether the Action was brought against the defendant in his private capacity or as Agent for the Government, if the latter, he could not be held personally liable, unless it could be proved that he had pledged himself to become responsible for the expenses.

Mr Clarke, who appeared on behalf of the Plaintiff begged to know what remedy the Public had, or in what manner they could recover from the Government Agents.

The Commissioner stated that the nearest approach which could be made to the course adopted at home was to petition the Governor in Council, and he was authorised to say, that in the event of the determination not proving satisfactory, every facility would be given to forward a Memorial to the Home Government.

Mr Commissary Lewis, begged to be permitted to explain. It appeared Dr. Langley attended Sergeant Wood at Mr Leakes request. On his return he sent him an excessive bill, and what seemed to him (Mr Lewis) as Auditor too much. Dr Langley was informed that £2 per diem for his attendance, and £1 for the horse, would be allowed, but no notice had been taken on his part of the letter written to him upon the subject, but this action instituted The items of the bill were For three days attendance.

£10 0 0
Medicine 3 13 6
Horse hire 3 10 0

£17 3 6

It is to be hoped none of us will be ill!!

The Commissioner observed it was highly satisfactory to know the nature of the case. It might be as well to remark, that no individual can sue a Government Agent, as he is not responsible when he gives up his principal. A very vigilant eye was kept over the Government expenditure case dismissed.

Lylburn v Thomson.— Mr G F Stone appeared for the Plaintiff The claim set up was £15 for the balance of passage money for the defendants three daughters. No person could be brought forward who was present when the agreement was made in England

Mr Commissary Lewis stated that he had repeatedly heard Captain Lylburn say that the children were placed under his especial care. He would positively assert that the children were not ill used. He mentioned this in the absence of Captain Lylburn, to protect his character, and would not allow any imputation to be thrown out without contradicting it.

Mr Clarke for the defendant;—If the services were not performed Mr Thomson should be exonerated

Here a letter was read in Court by Mr Clark from Mrs Thomson which imputed great neglect on the part of Captain Lylburn, founded on the representations of the Children.

Mrs. Trigg called. Came out in the Egyptian The Children dined in the Cuddy more than 8 or 10 times. Afterwards dined "down aft"

By the Commissioner, did not dine in the Steerage with the other Passengers, decidely thought it a kindness They were always supplied from the Cuddy table.

The Commissioner— I should be very sorry that any odium should be cast upon a Gentleman whose Conduct to his Passengers has been universally commended

Mr. Commissary Lewis, I am solely actuated in what have stated, by a wish to remove any erroneous impression prejudicial to the interest of Captain Lylburn, who I maintain invariably conducted himself with the greatest urbanity and kindness to all his passengers

The Commissioner observed that he was glad for Captain Lylburn's sake, that Mr. Commissary Lewis happened to be present.

Verdict for the Plaintiff

Mr. Clarke hoped that no immediate steps would be taken to enforce the payment:

Mr Stone replied that the Defendant could not expect any lenity after the attempt which had been made to traduce the character of the Plaintiff, in order to avoid the payment of a just debt.


Fremantle 1st January. 1833.—Before the Honorable W H Mackie Esq. Chairman, the Revd. J B Wittenoom J P George Leake Esq J P and J. Morgan Esq. J P

Thomas Dent, was brought up charged with committing a violent assault upon his wife.

Chairman.—Gentlemen of the Jury this is a very aggravated case, and as similar assaults have been very prevalent in the Colony, we should wish you to give particular attention to the evidence We have reason to believe that the prosecutrix has been intimidated and deterred from coming here by some threats which have been held out

Prisoner I have never threatened her

Chairman.—I did not impute it to you or any individual but I repeat gentlemen it is our belief that the prosecutrix has been intimidated, therefore in order that the ends of Justice may not be defeated, we must treat the case as though she was prevented from attending by illness.

Prisoner—My wife came down to Jail to say that she was conscious of having given me just grounds of provocation