“forgotten to raise their ramparts where the 
32 : THE GARDENERS’ 
CHRONICLE. 
[Jan. 14, 
of thin oyster shells, used in lieu of window glass by the 
Chinese, which are placed at each of the eight angles on 
every story, and the effect of whose subdued light on 
the highly reflective surface of the tower must be most 
striking and beautiful. The walls of Nankin are more 
Kable for their i height and great ex- 
tent than for the strength which has been given to them 
by the builders; in some places they are not less 
than 70 feet in height, and at very few points along an 
enceinte of fully 20 miles in extent, are they less than 50. 
There are, however, several points at which they are 
open to escalade with 26 feet ladders; the Chinese engi- 
neers, though they have evidently bestowed extensive 
repairs upon the fortifications this year, having, as usual, 
AuIetiOns 0 
law. If that power was incident as an essential attribute to a 
legislative assembly of a dependency of the British Crown, the 
concession on both sides that the Crown had a right to establish 
such an assembly, puts an end to the case ; but if it isnot a legal 
incident, then it was no’ Colonial Assembly, 
unless the Crown had anthority to give such a power, and actually. 
did give it. Their Lordships gave no opinion upon the important 
question, whether, in a settled country, such as Newfoundland, 
the Crown could, by its prerogative, besides creating the Legis- 
lative Assembly, expressly bestow upon it an authority not inci- 
dental to it, of committing for a contempt—an authority materially 
interfering with the liberty of the subject, and much liable to 
abuse. They do not enter upon that question, because they are 
of opinion, upon the construction of the commission and of its 
accompanying document, that no such authority was meant to 
e communicated to the Legislative Assembly of Newfoundland ; 
and if it did not pass as an incident by the creation of sucha 
body, it was not granted at all. This appears to be clear pony the 
i i By th issi 
*. 
the ground alter the levels of their foundations. From 
the peculiar features of the country adjoining the town, 
and from the situation of the Tartar city or citadel, 
which is separated from the great straggling mass of the 
town by open fields and gardens, it appears evident that 
the place could at any time be readily carried by a com- 
paratively small force, and retained against a very large 
one of undisciplined troops, as long as they had the 
means of procuring supplies, which, in consequence of 
the goodness of the road and its inconsiderable length, 
could always be obtained from the river. The Chinese, 
I think, must have wisdom enotgh to know that our stay 
here, and our examinations of their city from the heights 
and from the summit of the Porcelain Tower, have taught 
us this secret; and it may therefore be considered as an 
additional reason to the many that exist, why they should 
not too soon again tempt the ‘devil’s children,” as they 
call us, to measure strength with their bravos. Three to 
four thousand seasoned troops, with afew guns, some 
powder bags, mining tools and sealing ladders, would 
have Nankin under their command in a week trom Woo- 
sung, with four or five steamers, and a dozen junks or 
decked boats to be towed up by them against the stream ; 
and from the important discovery of coal of decent qua- 
lity in large quantities bere, we may always reckon upon 
being able to keep steamers constantly employed in bring- 
ing in supplies from all points on the river, whither they 
can be drawn.” 
La. 
Jupic1au Commitres oF THe Privy Councit.—Keelley V. 
Carson.—Their Lordships met this morning for the purpose of 
giving judgment in this case, which had been twice argued. Mr. 
Baron Parke gave judgment as follows:—The great importance 
the principal question in this case induced those of their 
sonment, by which the acts complained of were justified by the 
defendant Carson as Speaker of the House of Assembly 0! 
foundland, by other defendants as members of that house, and 
by one as messenger in aid of the Serjeant-at-Arms, upon an 
arrest and commitment for an alleged breach of privilege of the 
House, Several objections were formal nature to 
tl * ich it is unnecessary to state, as the opinion of 
their Lordships is not founded upon any of those objections. The 
main question raised by the pleadings, and applying equally to 
all the defendants was, whether the house of 
c 
each plea also justifies the original arrest of the plaintiff below 
upon a warrant issued by the Speaker, founded on the complaint 
of a breach of privilege committed out of the House; and if 
A y way of punishment, for a contempt 
in the face of it, does not arise in this case, Their Lordships are 
legal powers of the Assembly were, it is proper to consider, 
first, under what ci it wi i d 
was the legal origin of its powers. Newfoundland is a set- 
tled, not a conquered colony, and to such colony there is 
no doubt that the settlers from the mother country carried 
with them such portion of its common and statute law as was 
applicable to their new situation, and also the rights id 
immunities of British subjects. Their descendants have, on the 
and the same rights (unless they have 
5 
a 
e local legislature with such a privilege. If it did, 
a further question would arise—whether it had power to do so by 
of the e for the 
establishing the Legislative Assembly, dated the 26th of July, 
1832, his late Majesty William IV. authorised the Governor, with 
the advice and consent of the Council of the Island, from time to 
time to summon and call general assemblies of the freeholders 
and householders within the island, in such manner and form, 
and according to such powers, instructions, and authorities, as 
were granted or appointed by the generalinstructions accompany~ 
ing the commission, or according to such further powers, instruc. 
tions, or authorities, as should at any time thereafter be granted 
or appointed under his Majesty’s sign manual and signet, or order 
in Council, and that the persons thereupon duly elected should 
take the oaths, and should be called and deemed the General 
Assembly of the Island of Newfoundland ; and the Governor, 
with the advice and consent of the Council and Assembly, or 
the major part of them, respectively, should have full power to 
make, constitute, and ordain laws, statutes, and ordinances for 
the public peace, welfare, and good government of the island and 
its dependencies, an e people and inhabitants thereof, and 
such other as should resort thereto ; which laws, &c., were to be 
as near as might be to the laws and statutes of the United King- 
lom, and subject to the approbation of his Majesty, and to the 
negative voice of the Governor. Accompanying this commission 
was a despatch from Viscount Goderich (ow Marl of Ripon 
containing instructions to the Governor for vie regulation of his 
conduct, upon which some reliance was placed in the argument 
at the bar, as affording evidence of the intentionof the Crown 
to confer the power in question upon the House of Assembly. 
The Commission itself, where such an authority would naturally 
be expected to be found, ifthe Crown had intended to confer it, 
privileges of the British Parliament; and the terms used by the 
Earl of Ripon’s letter have probably reference to the mode of 
conducting business, and the forms of procedure, which are to 
be assimilated tothose of the British House of Commons; at all 
is incident to every local legislature. The statute law on this 
subject being silent, the common lawis to govern it, and whatis 
the common law depends upon principle and precedent. Their 
Lordships see no reason to think that on the principle of the 
common law any other powers are given than such as are neces- 
ie existence of such a, body, and the proper exercise of 
the functions which it is intended to execute. These powers are 
granted by the very act of its establishment—an act which, on 
both sides it is admitted, i 
form. This is the principle which governs all legal incidents— 
«Quando lex aliquid concedit, concedere viditior et idem sine 
quo res ipsa esse non potest.”? In conformity to this principle, 
we feel no doubt that such an assembly has the right of protect. 
ing itself from all impediments to the due course of its proceed. 
ings. To the full extent of every measure which it may be really 
necessary to adopt to secure the free exercise of their legislative 
functions, they are justified in acting by the principle of the 
commonlaw. But the power of punishing any one for past mis- 
conduct as a contempt of its authority, and adjudicating upon 
the fact of such contempt, an 
power, and with the 
investigate and punish contemptuous insults and inter- 
ruptions, These powers certainly do not 
rate or other bodies assembled with authority to make by- 
laws for the government of particular trades or limited num- 
his power, is not because 
it is a representative body with legislative functions, but by 
irtue of ancient usage and prescription, the Lea et Consuetudo 
Parliamenti, which forms a part of the common law of the land, 
and according to which the High Court of Parliament, before its 
division, and the Houses of Lords and Commons since, are 
invested with many peculiar privileges—that of punishing for 4 
contempt being one. . And besides, this argument from analogy 
would prove too much, since it would be equally available in 
favour of the assumption by the council of the island of the 
power of commitment exercised by the House of Lords, as well 
as in support of the right of i by the Assembl 
claim for which there 1s not any colour of foundation. Nor cao 
this power be said to be incident to the Legislative Assembly by 
analogy to the English Courts of Record, which possess it. This 
ssembly is no Court of Record, nor has it any judicial functions 
whatever; and it is to be remarked, that all those bodies which 
express authority, and unless there be some satisfactory 
authority expressly in favour of the power, we must hold 
that the common law does not confer it. There is no de~ 
cision of a court of justice nor other authority in favour of 
the right, except that of the case of ‘‘ Palmer v. Barrett,” decided 
self. Their Lordships do not consider that case as one by which 
was founded entirely on, the dictum of Lord Ellenborough in 
* Burdett v. Abbott,” which dictum we all think cannot be taken 
‘or contempt. 
ther. We all, therefore, think, that the opinion expressed by my- 
self, in the case cf ‘‘ Palmer v. Barrett”? ought not to affect our 
decision in the present case; and there being no other authority 
on the subject, we decide according to the principle of the com. 
mon law, that the House of Assembly have not the power con- 
tended for, e a local Legislature, with every power rea- 
ave not what they 
ancient law of England 
ment. The judgment, therefore, will be reversed, and there must 
be a writ of inquiry of damages, untess the parties can agree 
amongst themselves. They ought to consider it as a mere ques- 
tion of right to be tried, and therefore not a case for damages. 
SPORTING. 
TATTERSALL’S, Tuurspay.—The betting was just enough to 
ermit a quotation against most of the leading Derby favourites, 
the first excepted, but was too flat to claim any other notice. 
DERBY.—19 to 1 agst. Lord Eglintoun’s Aristides (taken toa 
pony); 20 to 1 agst. Colonel Peel’s Murat (taken to 50/.) ; 35 to.1 
agst. Mr. Bell’s Winesour (taken to 10/.) ; 40 to Lagst. Col, Anson’s 
Napier (taken to a pony and aft. offd.); 40 to 1 agst. Sir G. Heath- 
cote’s Siricol (taken 45 to 1); 45 to1 agst. Sir G, Heathcote’s 
Amorino (taken to 40/.); 45 to 1 agst. Mr. Griffiths’s Newcourt 
(taken to 40/.); 50 to 1 agst. Mr. Bowes’s Cotherstone (taken to 
35l.); 50 to 1 agst. Mr. H. Coombe’s Fakeaway (taken to 60/.) ; 
50 to 1 agst. Lord Chesterfield’s Progress colt; 1000 to 15 agst. 
Lord Exeter’s Lucetta colt (taken and afterwards offered) ; 1000 
to 15 agst. Lord Westminster’s Languish c (taken) ; 2000 to 25 agst. 
Col. Peel’s St. Valentine (taken); 1500 to 15 agst. Mr. D. Cook’s 
Trueboy (taken andaft. offd.) ; 2000 to 20 agst. Mr. Wreford’s Mo- 
nimia ¢. (taken and aft. offd.); 500 even Amorino agst. Siricol; 
300 to 2 . Sir G. Heathcote’s lot (taken); 425 to 25 agst. 
Col. Peel’s lot (taken.) 
MARK LANE, Fripay, JAN. 13.—The Wheat Trade-is ex- 
ceedingly flat, the Millers not having confidence to follow up 
the advance established on Monday, and prefer waiting the re- 
sult of next wécek’s supply.—Foreign is held at Monday’s prices, 
and the sales have been to a Jimited extent.—There was no in- 
quiry for bonded. The supply of Barley is small, and fine quality 
is in demand at full prices. Peas and Beans are a dull sale at 
our quotations, and there is no life inthe Oat Trade, 
ITISH, PER IMPERIAL QUARTER. 8. 8 5. Ss 
Wheat, Essex, Kent, and Suffolk . . . White 441055 Red 40 tos0 
———_Norfolk, Lincolnshireand Yorkshire. . . —to— 
Malting Hing 25 to30 Grind. 19 to 297 
+ Polands (toga Feed 14 to 38 
t 
s+ + Feed —to— 
Feed 91018 Potatol4 to 22 
Barley eps sos 
Oats, Lincolnshire and Yorkshire 
Northumberland and Scotch 
eee me tO 
Tick 2410 29 Harrow 26 to 30 
8. 
‘ns, Mazagan, old and new . $2 to 28 
0" Pigeon, Heligoland .. » 801093 Winds, 26 to 34 Longpod 26 toa0 
Peas, White ws ye B0tO 3? Maple 271020 Grey 26 to? 
WEEKLY IMPERIAL AVERAGES, 
Wheat. Barley.) Oats. | Rye. | Beane.) Pear. 
De. 2 «© + «| 48 6| 97 9] 17 9! 98 1] soll] 88 5 
mae gt ne tee aye Paage Vile ty esr| ee 80 82 8B 
el 1Ge Soe erent] 948 10, |) 86 6 cz) “S|, 88°12 RDM ONT Ee: s 
_ 23 . . . 7 2 5 W4 28 28 11 al 2 
_ 30 . . . i el 26 3 17° 23 01 28 3 gl 0 
Jan. 6 . . 47 1 26 W232 Bl 7 28 0 29 11 
Seeks? Aggregate Aver.| a7 4| 26 9] 7 4) 97 5 9 4] a 8 
Duties . .| 20 01 10 0| 1 6| i 6| 10 6 
ARRIVALS IN THE RIVER LAST WEEK. 
Flour, Barl. | Malt. Oats.) Rye. | Bns. | Pear. 
English . 7253 Sks. — Brls.| 4950 | 9265 | 7191 | 4612 "601 | 94 
Irish ss = yp — oy 606 4 |13093 | — a es 
Boreign ss Coss Sy |p (ee oe ee ois | = 
ARRIVALS THIS WEEK. 
Wheat Barle: Oats Flour 
English « « 3170 5560 8600 2920 
Trish . + — — 6420 _- 
Scotch. +. ee pat fers as 
Foreign « + 1700 510 =_ =- 
GAZETTE OF THE WEEK, 
BANKRUPTCIES SUPERSEDED.—J. Davison, Middlesborough, York~ 
h fe Old Broad-street, City, stockbroker 
—I. ambridgeshire, grocer—J- B. i ‘i 
aylis, Rowington, War- 
jebridge, Norfolk, malster—W- R. eos 
‘0 Fine he 
Km et, hotel= 
1-keeper—T. Walker, Houghton~ 
cer—R. Goodenough, Newton Abbott, Devonshire, 
P Yorkshire, inn-keeper—W. Bath, 
brandy mere Horne, Stanninglev, Yorkshires 
wles, Halifax, Yorkshire, corndealer—l. Boag, Birken- 
ker—J. Henson, Bury-court, St. Mary-axe, City, uphol- 
exex 
Fe 
J. Stickals, id 5 
nd W. B. Wright, Peckham, builders—S. Law, Great Port- 
“Marylebone, uphelsterer—J- Wardle, Griffen-street, Shadwell, 
r. iso, Liverpool, co™m merchant—J- Dickenson, Newport 
Dutcher W._ Snelling, Gloucester, paper hanger—J. Garforth, 
mgs 
sh 
Monmouthshire, butch 
Halifax, manufacturer of lastings- 
plsetemne’ 
of @ son—At Wonston tory, Hants, on the 5th inst 
Bligh Hill, curate of St. George’: 
Pp 
years nurser’ 
Daiwatons unter 
eo f H. Petch, Esq., 6 et 
q-, to Louisa Mary, eldest daughter 
righton, 
.'T, Marquis, Hon. 
LED.—On 9th, atk sing he 10th. 
at his residence, in Ha inst.) Cole, of 
London. street, Greenwi ¢ Grace, 
Royal Marines, a 
Ny: zed 70- 6 , after a few hours’ illness, Blizabethy 
wife of Mr, William. Rutter, of Warwick road, Upper Clapton—On the 6th 
inst. Mrs, Osleov, of London wall, in het 73d year. 
inted by Messrs. Brapaury and Evans, Lombard-street, Plect-street, in 
the Precinet of Whitefriars, in the City of London, and Published by them at 
the Ovvice, 8, Cuanrus-srrenr, Covasi Garvey, in the County of Middlesexs 
where all Advertisements and Communications are to be addressed to th? 
Editor.—Saturday, January 14, 1843, - 
, Semaiiaaaemenn 
