The following text may have been generated by Optical Character Recognition, with varying degrees of accuracy. Reader beware!

UrPEPv CANADA SCHOOLS. For the Globe. Y.m We have received the annual report of the Normal, Model, G'rammer schools of "Upper Canada for the year 1857, and re- mark with pleasure that it shews, with one exception, a most satisfactory condition in our system of national education- l'he latter half of the year 1857, owing to the commercial pressure, was peculiarly unfa vourable to the development of the school system, but we rejoice 10 find that instead of a decrease in the amount devoted to the purposes of education, there has been a very large increase. The amount of Legislative School grant apportioned to the municipalities in aid of Common Schools in 1857, was £32,951 l.is 4d. The law required an equal sum to be rais- ed by municipal assessment to entitle the municipalities to this aid. ri he sum actu- ally provided by municipal assessments was JEG1, 954 Is.â€"29,002 7s. 8d. more than the law required, and an increase o( £ t ,- 427 5s. 3d. on the municipal assessment of the year 1856. The municipalities, therefore, voluntarily assessed themselves in 1857 nearly twice the amount required by law in order to entitle them to the Legislative grant. This is not all, how- ever. The rates collected lor the sup- port of Free schools in the sections lor 1-857 was £146,285, an increase on the preceding year of £ 10,930. There was an increase also in the amount collected by rate bills of £2,658. The total re- ceipts of Common School monies in 1857 were £323,604, an increase of £34,681 on the preceding year. ’1 his amount was expended as lollows :â€"For teacher**, £215,057, an increase of £20,136 over 1856 ; for maps and school apparatus, £4,349 ; for school sites and building, £51,972 ; for rents and repairs, &.9,401 ; for text books, stationary, and other inci- dental expenses provided by trustees,£22,- 258. This left a balance on hand of $20,564. We observe with a great d jal of plea- sure, a marked increase in the number of free schools in the year. 1 he advance was no less than 404, and the whole num- ber of tree schools is now 1,707. This is the largest increase which has taken place for many years, and it indicates that, in spite of all opposition, the free system is gradually extending itself, and will soon be universal. The sum raised for free schools in 1857 was £146,285, while the rate bills amounted to only £37,624. It is evident that there would be very little dif- ficulty in wiping away the latter sum al- together, and support all the schools by taxation. The improvement in the attendance on the schools is also gratify it g. In 1856 the whole number of pupils was 2;) 1,145 in 1857,272,637; increase 21,492. Of these 150,029 were boys, and 122,608 girls. We are happy to notice also a great advance in the standing of the teach- ers employed. The whole number is 4,083, and of these there were legally qualified 3,933, being an increase of 478 on the year,and leaving only 150 not hold- ing certificates of qualification 5 640 held . 1 ...invuico, 6,uoi' vv c ui me second clas«, and only 962 were of the third, the decrease in that class bein- 53 in the year. There is a pleasing increase in the salar- ies of teachers. The average salary of male teachers throughout the Province was £115 5s, an increase on the year ol £24 19s. Of female teachers the avei- age salary was £63 10s, being an increase on the year of £10 5s. The lowest salary of a male teacher in a county was £24, the highest £160. The lowest in a city £48, the highest £350. The lowest in a town £35, and the highest £200. The average salary of female teachers in counties was £51 18s ; in cities £55 15s ; in towns £70 7s. As we have stated, there is only one part of these returns that we regard with other feelings than pleasure. We regret to find that the number of Ilo.nan Catholic separate schools in 1856 was 100, being an increase of 19 on the preceding year. In 1852 there were only 21 Roman Catho- lic schools in Upper Canada. The num- ber has gone on increasing yearly in an enormous ratio. Were the system to continue unaltered, even with the disad- vantages under which it is at present work ed, the number of separate schools would soon materially interfere with the national system,and were themandates of the Roman Catholic clergy complied with, the ratio of increase would be much greater. Dr. Ryerson, with an evident anxious desire to defend the system patronized by his pol'ti- cal allies in I he Government, makes the following remaik in introducing the sub- ject It will be seen that the establish- ment o! most of these schools is of recent da(e~sitice the vehement agitation of (he questionâ€"the greater part of those estab- lished in former years have been discon- tinued.” There is an insinuation here that the establishment of these schools lias alien from the vehement agitation of the question. No one knows better than Dr. Ryerson that to use a homely phrase, he is .-putting the cart before the horse ; that tiie agita'ion of the subject was the re- sult, not the cause, of the increase of the schools ; that the introduction of the separate clause into the Act of 1850, and the stimulus tiiat was given to (he sectar- ian system by the etforts of Bishop Cbar- bonnel, were the causes of that agitation, the beneficial results of which Dr. Dyer- spn is doing his very best to destroy. It is veiy true, as Dr. Ryerson says, that the establishment of most of these schools is of 1ecent date, because the effort for their establishment cn the part of the clergy i* of recent date, but then is a de- liberate mis statement in the latter part of (lie sentence. It is not true that the greater part of the schools established in termer years have been discontinued. Of the I v^enty-tvvo schools in operation in 1852, we find no less Ilian seventeen are still-in existence. Rut supposing that Dr. Ryer?ou’s statement had been true instead of false, it would have proved nothing pgr.nst the agitation of the question. It matters not whether the schools are new or old ; l!v- important fact is that they are constantly increasing in numbers. The nwMiirviiiinii" 1111 â-  mmmmmgggm amount apportioned from (he legislative school grant has increased this year £730, and there is an increase of the local taxes to the extent of £862, and of rate bills of £479. The subscriptions are also in- creased by £901. The total amount re- ceived for their support Was 8,092/. We will take another opportunity of making some comments which these facts irresisti- bly suggest. The Gramtner Schools of the Province appear to be in a prosperous condition. The total expenditure in 1857 was 19,- 175/, an increase of 3,420/. The atten- dance was 4,073, being an increase of 690, and giving an average of 57 pupils for each school. The whole number ol pupils in Latin is 1,329â€"an increase of 278. The whole number of pupils in Greek is 284â€"increase, 27 ; in French, 601â€"increase, 139. The whole number of school visits in 1857 was 49,196 ; increuse, 5,090. The number of school visits by local superin tenderits, (many of whom are clergymen,) was 7,322â€"decrease, 222 ; by clergy- men, 4,025â€"increase, 608; by Munici- pal Councillors, 1,794â€"decrease, 44 ; by Magistrates, 1,634â€"increase, 138 ; by Judges and Membets of Parliament, 366 â€"increase, 14; by Trustees, 17,730â€" increase, 1,460 ; by other person*, 16,- 325â€"increase, 3,136. The whole number of educational 'ec- tarcs delivered in 1857 was 2,540â€"in- crease, 1 17 ; lectures by local superin- tendents, 2,245â€"increase, 250 ; by others, 295â€"decrease, 133. The average time du ing which 3,458 of the schools were kept open in !857, has been reported, and is lO months and 6 daysâ€"increase, 4 days ; an average ol two months longer than the schools are kept open in either the State of New York or the State of Massachusetts. ISIQTSGE ! 'HUE only persons authorized to col- J lect accounts and grant receipts for the ‘•'Tribune” Office at present, are Alexander Scott, York Common- wealth ” Office, Richmond Ilill, and W. R. Robertson, Toronto Hew Advertisemets this Week- Agents Wantedâ€"Commonwealth Office Moore’s Rural New Yorker for 1859 Noticeâ€"John Milborn Robinson. RICHMOND I1ILL, DEC. 10,1858. YORK COMMONWEALTH. The proprietors have commenced the publication of the York Common- wealth, a family newspaper, devot- ed to Politics, Literature, Agricul- ture and Commerce. The intelii- j-»oi»iuiuj, hrxoiim-i 1.3 emu me- chanics of York will hail wilh plea- sure the publication of a paper in the very heart of this wealthy and important county, that will be a faithful sentinel and advocate of their rights ; a fearless and impar- tial expositor of public wrongs, and a reliable medium of the general news of the week, both foreign and domestic. The greatness of any people may be measured by their intelligence, and In proportion to their mental and moral acquirements will be their position among the nations of the.earth.. The channels, therefore, for conveying to the public cheap and useful information, can never be too numerous, nor the streams of knowledge too widely diffused. With a view then of promoting per- severingly and effectively the moral, social and political condition of the country, the 'Commonwealth has been issued and placed under the editor- ial management of a gentleman whose intimate acquaintance with the country and its politics qualify him for the efficient discharge of the duties ol his position. No pains will be spared to render it one of the very best papers in the Province. In politics the Commonwealth will be thoroughly liberal, and will not. fail to advocate such reforms in Ihe constitution as are essential to good and economical government. The recklessness and extrava- gance of our statesmen have emptied the public chest, saddled the coun- try with an enormous debt, and brought it to the very brink of na- tional bankruptcy. The extensive patronage of the executive together with the abuse of that patronage are evils of long standing, and the time has now arrived when the powers of ministers should be circumscrib- ed by a constitutional check. Representation in Parliament, proportioned to numbers, is a mea- sure of so just and equitable a na- ture, that if not conceded to Upper Canada consequences must follow most disastrous, not only to these Provinces but to the whole of British North America. A national system of education, free from all sectarianism, is best adapted to the wants of the people. We regard such a system as one of the greatest blessings a nation can possibly enjoy. The acquisition of the Hudson Buy Territory is a question of much significance to Canada. It would be another link towards the establish- ment of that mighty empire, whose dominions, population and enterprise shall one day extend from the lakes on the south to the Artie ocean on the north, and from the Pacific on the west, to the Atlantic on the east. British North America at no distant day will be traversed by a railway, which shall extend from ocean to ocean, and afford a chan- nel through which the immense wealth of the east will find its way to other parts of the wurld,â€"thus making Canada the first commercial country on the earth. The Hud- son Bay Territory belongs to Cana- dians by birth-right, and should, without delay, become part and parcel of Canada. The county of York should be separated from the City for judicial purposes, and buildings eroctcd at some suitable place, to afford the necessary accommodation. These measures the Common- wealth will steadily support, and will be prepared to advocate such other reforms in our institutions as the requirements of the country from time to time may demand. Prickâ€"$1 50c. if paid in ad- vance, $2 if not paid within three months. SCOTT & CO. Proprietors COMMON’WEALTH OlFICE, Richmond llill, Dec. 3rd, 1863 N. B.â€"All monies paid to our agents will be acknowledged through the paper, CANADA POLITICALLY. Canada enjoys a liberal consti- tutionâ€"one that empowers Cana- dians to govern themselves*â€"to make and unmake laws as their necessities require. It guarantees civil and religious liberty, irrespec- tive of race or creed to all Her Ma- jesty’s subjects in this distant ap- pendage of the British Crown. The Home Government only reserves it- self the rights of appointing our Governor and protecting the inter- ests of the British flag. We ven- ture to assert, that under our sys- tem of Colonial Government, the people enjoy greater liberty than even the people ol England, who are, notwithstanding, justly proud of their institutions. Here we have a more equal distribution of pro- perty and greater equality of per- sons ; two blessings dear to Cana- dians. If, however, the theory of Canadian Government be right and justâ€"practically it is far from being so. Not only are men in high places found corrupting the institutions and morals of the people, but deli- berately violating both ihe letter and spirit of the constitution. Canada ever has had the misfor- tune u> Li<j iakd vy men, tlie major- ity of whom sought power only to advance their own selfish ends. Were we to trace the public char- acter of all our statesmen who held office since the Union, we would find that the greater portion of them have been found guilty of some pub- lic wrong. Viewing the awful amount of wickedness perpetrated by men in high positions during the last few years, it is surprising that we have had even a common share of prosperity, and lhat as a nation, we have not experienced ‘.he fate of Sodom and Gomorrah. It would almost seem that our prosperity has been the spontaneousr offspring of the indomitable industry and per- severance of the people and the fer- tile soil beneath our feet. At. this moment the vessel of slate is drift- ing whither she listeth. While John A. MacDonald is meditating retirement, others of his colleagues are engaged in hatching another gigantic railway scheme that will afford ehisellers an abundant har- vest. The Governor of Barbadoes came to Canada a penniless adven- turer. His unquestionable talents soon won for him a high position and a great degree of popular favour. But, 110 sooner had he attained to power than he used his position for the most corrupt ends. The Grand Trunk Railway was his pet scheme ; he managed to procure for himself the lion’s share of the spoil, and dis- tinguished appellation of prince ol chisellors. After inaugeiating a new school of politicians, and ac- cumulating wealth to the amount of one million dollarsâ€"he was promoted and retired from Canadian affairs. No sane man will say, that a million dollars may be honestly acquired in a few years; nor hall that amount. The Hinck's and Bowes’job affords an illustration of the manner in which the thing may be accomplished. John A. MacDonald first distinguished him- self as ihe uncompromising oppon- ent of such men, and declared in his place, that Mr. IIinch s and his party “ were steeped to the lips in corruption.” When in the cold shades of opposition, he could strain at a gnat, but when he shared in the loaves and fishes, he could swallow a camel. All at once he discovered that Mr. Ilincks was a model statesman,and that his own late colleagues were enemies of their country ; men deslitute alike of principle and patriotism. We give Mr MacDonald the dis- tinction of being the most skilful tactician of which we have any knowledge- He did not long enjoy the confidencc of the people of Up- per Canada; nevertheless, he suc- ceeded in concentrating in his own person the government of Canada for a number of years. By a dex- terous distribution of emoluments and bribes he succeeded in corrupt- ing Parliament, so as to command a majority. Under his regime the credit of the Province has been de- stroyed ; the industry of the people has relaxed ; their morals have been corrupted, and our most cherished institutions have been subverted to serve the selfish ends of time-serv- ing politicians. At this moment the whole country presents one vast extent of Babel-like confusion. During the last session of Parlia- ment we witnessed men voting on questions of vital importance, who had not the confidence of the peo- ple ; men who were fraudulently elected and unworthy of a seat amongst honest statesmen. Not only did they sit and vote in Parlia- ment ; one ol them was made a re- sponsible minister of the Crownâ€" an adviser of His Excellency. Wel- lington, Nelson, and Napoleon are, no doubt, illustrious characters in the world’s history but never be- fore was it decreed, that their ashes should be represented in the Cana- dian Parliament ! Neither was it previously enacted by any body of men in authority, “ that an Albany almanac be a constituency in the province of Canada, entitled to send one representative lothc Legislative Assembly.” In addition to these out’ages on the constitution, last summer, lire then premier of Can- ada, stood in his place and declar- ed that there was nothing wrong in the Norfolk shrievalty case ; that an officcr of the Crown had a right to sell his position for the sum of twenty thousand dollars, and lo a man disapproved by the people of, Norfolk. The whole of last Session, though unusually long, was spent in caballing and parly squabbles. No measure of real value to the country was passedâ€"the voter's Act excepted. We are sorry to have thus to speak of our rulers, but a sense of honor and duly im- pels us to make an exposition of the public character of Ministers, who have betrayed every important trust committed to their charge, and by unprecedented acls of maladminis- tration forfeited the confidence of the of people Canada. Hon. Mr.Car- tier, nominally Premier of Canada (an Annexiationist in 1837,) in- stead of discharging the duties per- taining to his office, has returned from England, where he has been seeking oourt smiles since Ihe re- cess. The Post Maeteu General, instead of labouring in his depart- ment, while in receipt of an annual salary of five thousand dollars, is practicing law in Cobourgh. Who ever heard of ministers of the Crown acting 011 this wise. A dissolution is now pending ; the organs have formally announced it,and it is well that the public be prepared to meet it. Any twelve honest men, wheth- er Conservatives or Reformers, who shall undertake to settle the vexatious questions now agitating the counlry, shall have our warmest support. Shall the men now in power be replaced by men of suffi- cient honesty, ability and e.jergy to avert the downward course of the Province, and turn upon us once more ihe tide of prosperity ? Let the electors of Canada give the solu- tion when an opportunity is given them. Comaponbmrc. We have been handed a communication from the Roman Catholic Pastor at Thornhill, but as it has a special reference lo another party, we cannot publish it. Any communication, however, sent us by the Rey. gentleman will receive attention. 1 o the Editor of tho York Commonwealth. Sir,â€"I see that “ One of the Twelve ” at the Star Chambor Meeting- held at Victoria Square, has made an effort to supply the pub- lic with an outline of tho proceedings of that august body, but he has totally failed in so do- ing, and proved himself altogether unfit for the honor to which ho aspires of a representative of Ward No. 2. Ilo calls on your correspondent to be more careful in his next about making mistakes.â€" Now, sir, this worthy has scarcely anything but mistakes in his communication. Mistake the 1st says,â€"the meeting was not to nominate a Candidato, but merely to make arrangements as “to who” we should nominateand support, but what is the truth ! Why, sir, that they actually did nominate tbreo different individu- als, viz,â€"Mr. John Harrison, Mr. Gormley, and Mr. R. Marsh.â€" When Mr. il. and Mr. G. gave way to Mr. Marsh ; they also agreed to support him [Mr. M.j and are actually now canvassing for him. Does your correspondent know anything of this ? Mistake 2nd asks, may not a man ask his friend to meet him when and where he sees fit ? Now, sir, I am inform- ed of a few circulars sent round, inviting cer- tain busybodies to attend a public meeting at Durose’s Hotel, which our worthy says was not a public meeting. The circulars had 110 signatureâ€"Mary Smith, [who called the meet- ing,] having forgotten how to write her name. Mistake 3rd calls Mary Smith and her friends of the Star Chamber “everybody.” No doubt they think themselves more than a match for all creation ! In conclusion, he says he knows Mr. Frisbv to be an honest farmer. This is 110 new dis- covery ; for he is an honest, upright, straight- forward, intelligent gentleman, and has tho abi- lity, had I10 tho inclination to represent this Ward at the Council board, in a manner far superior to any who attonded the “ Star Cham- ber Meeting;” but, I may say for your infor- mation, Mr. Editor, that when Mr. Frisby was waited on by a numerous deputation, he de- clined the honor of becoming tho representa- tive of our Ward. Your obd’t servant, FAIRPLAY. Markham, Doc. 7, 1858. [We publish below an exceed- ingly lengthy communication, from Mr. Thomas Simmonds, of Mark- ham. We wish to Mr. Reesor no personal wrong, on the contrary, he is a gentleman whom we respect, but as he has given the public his own version of the case, (which version may be correct for ought we know.) it will not be denied that Mr. Simmonds ought to have the same privilege. Let it be dis- tinctly understood that we arc not responsible for Mr. Simmonds’ statements.]â€"Ed.. “EX.T11 AORDINARY DECISION.” Simmonds vs. Reesor. To the Editor of tho York Commonwealth. Sik,â€"Mr. Reesor, the Editor of tho Mark- ham Economist, devotes two-and-a-half mor- tal columns of his paper of the 11th instant, under tho above heading, lo (lie dismal story of his sufferings, and what he terms “ the glorious uncertainty of the law.” Although he states, “ the case especially interests tiie proprietor of this journal, who was the defend- ant in the Suit, it is nevertheless of public in- terest.” What earthly interest the public can have in tho case, except i'l so for as they may have a personal interest in the solvency of the defondant, t cannot perceivo ; yet since Ree- sor has dragged the caso before the public, and as I happen to be the Plaintiff, I beg (through your valuable journal) lo correct some of his numerous gross misstatements, by which he en. deavors to mislead and create public sympathy- About the-beginning of tho month of Juno, 1855, 1 called at Mr. Reosor’s office, when (I shall quote his own words) “ a proposition was then made by Reesor to sell him (plaintiff) one hundred acres of land for £300 in cash, and in praise of the land, the defendant further re- marked that he would not bo afraid to guaran- tee that the land would bo worth £500 in less than three years. Some days after this con- versation the Plaintiff called again, and said that he would give defendant £300, but would ra- ther take his (defendant’s) guaranteo of vvha1 the land would be worth in thiee years, than the land itself. “A written agreement then was entered into,” &c. Now at that time I placed implicit confidence in Reesor, which 1 have since had ample reason to regret, yet it seems (although he has reported among his friends that I am nearly crazy) t had 'sens* enough to insist upon his putting his price of the land in writing, so as to give it a certain commercial value be- foro investing my money on the strength of it, an example that some other victims who have lost their little all, might have followed witi. profit. The following is the agreement re>ba- iin et literutim, on which tho action is brought, drawn up by Mr. Roesor in his own hand- writing, signed by himself alone, for my name is not signed thereto : “ Markham, June 13, 1 '55, For value recoived, I promise to make to Thomas Simmonds a clear deed, freo from all incumbrance of the west half of lot No. 1, in the 5ih con. of Nottawasaga, 0110 hundred acres, or to give in place of tho same ample se- curities for the sum of four hundred and eighty pounds, to bo paid three years and one week from this date, witiiout interest, the said T. Simmonds to have his choice if ho hands me his decision in writing within seven weeks, otherwise the choice to remain with me. David Rkesok,” Mr. Reesor calls this agreement a guarantee of what the laud would be worth.â€"The Hon. J. H. Camoron, Q,. C., looks upon it as a pro- missory note for the payment of £480 upon the happening of a certain contingency which did happen ; but then, lawyeis like doctors, will sometimes differâ€"but Mr. Reesor states I did not hand in my decision vviihin the seven weeks, and pathetically exclaims : “Seven weeks passed round, yet no notice was given by plain- tiff to defendant,â€"seven months passed round, yet 110 notice was given ; tho choice now rested with the defendant.” Then why d;d he not make his choice within a reasonable time afier the seven weeks, as the law requires ? Was the choice to rest with him for ever ? It rested tvith him up till 5th Soptembef, 1858. three years and one month, three weeks aftor the ac- tion commenced, and ten after tho money be- came due ! Until the land had depreciated in value from “ two ihousand dollars” to less than one thousand : until thirty-five acrcs of it had been sold for taxes (still unredeemed) should the plaintiff have wasted until tho land had de- preciatod another half, and tho remaining sixty- , five acres had been sold for taxes ? It is true that I did not give the notice within tho seven weeks, as I overlooked the clause requiring no- tice, and did not discover it till after the seven weeks had expired, but Reesor knew whai my choice would he ; for he says, as above quoted, “ that I chose to take his guaranteo of what the land would be worth, rather than the land it- 1 self.55 About five or six months after date of the agreement, 1 went to Mr. Reesor and de- manded the securities for the money ; when he said nothing abouithe land, but offered me C. F, Hall, which 1 declined, as I did not consider him sufficient, but offered to take John Reesor, or A. Barker, or any mai I knew to be good, or a mortgage on his place ; this he refused, and I am yet without any other security than himself. A short time will tost tho value of shot. Reesor says a Mr. Walker offered him! five hundred pounds for tho land. Then why did he not take it ? (I suppose he wanted £G00.) lie says tho payments were offered to me and declined, I am willing to take my af- fidavit the payments were never offered to ino, nor was t consulted about it in any way what-' ever. He states further, “ as the defendant was about to have a sale of lands, accordingly with plaintiff’s knowledge and consent, he ad- vertised tho lot in question.” I solemnly de- clare that I did not know the lot was advertised or sold till, after tho auction was commenced.â€" The land was sold at auction to Tomlinson for 1650 dols. lie says it was bid off, not sold â€" How comes it then, that ho told Mr. Laurie that’he had a bona fide bid for 1700 dols, 011 the strength of which Laurie agreed in two days therefor to give him 1 GOO dols, provided he (Laurie) could make a sale of his slock, so as to turn in the sale notes to meet the payments,â€" This was the verbal understanding ; but Roesor with his usual cunning, five weeks before the sale of ttock, drew up a written agreement for sale of tho lot to Laurie, without any mention of such condition whatever, in which Laurie covenants to give £400, and payment of 1000 dols. to bo made in October lastâ€"and balance in tho May following. Tho sale of stock did not come off as expectedâ€"but Reesor, true to his instincts, refused to cansel the agreement, ex- cept 011 a loan of £200, to be appliod 011 his Malvorn proproity. Reesor says ihe land was sold for my benefit. Why then, was the sale not also causolled for my benefit ? Ho might have sold that lot, or any other lot for my bene- fit,â€"that is, to pay and secure me. 1 never gave any authority or consent; nor was it over asked, nor could I soli land which 1 never owned. No deed was ever made 01 tendered me till after tho auction. 1 never expected to take the land, because 1 oxpected Roesor intended lo give me the securities and he money. If a deed had been made, and tendered 1110 in a reasonable time alter the seven weeks, when property was rising rapidly, speculation and the land mania at its height, I could easily havo made my own out of it. Reesor admits that ho did well by my 11101103 (perhaps doubled \\.) that he had been offered, and lofused succes- sively £5u0% £ 150, and £4J0. lie says I ex- pressed a hope the land might bo sold, and agreed to take £'!i)0 instead of £180. aud that in case ho sold tho land to Laurie at £400, I should take his (. Laurie’s) sale notes, endorsed bv himself on Reesor, and allow him £t0 for his trouble. This I positively deny. Rut sup- pose I did, Lnurio and the makers of tho notes would be an additional security. Is it pretend- ed that tho noi.es, eit'Vorcn.Lorscd or unendorsed, were ever presented to me ? Am I to bo bound by an offer that novor was, and could not be accepted (sinco the sale did not go off?)â€"I must admit, that aftor tho money became due, rather than go to law, 1 offered to make a great sacrifico, and wait tnree years longer, on his giving me good securities, but he relused. 1 afienvaids made three separate appointments to meet him and have themajjer arranged, which he disregarded. 1 had only o.ie resource. 1 sued him ; then tho bright idea flashed across his mind that I10 could still make me take the land, though he had never yet made or tend- ered me a conveyance thereof; and although thirty-five acres of it have boon sold for taxes-! accordingly three weeks thereafter a deed was presented to me in due form, in presence of H. P. Crosby, when he says he put this question : .* Si.nmonds, you will not deny lhat 1 havo ot- tered you a deed more than fifty times, being before tho agreement expired !” Aud that 1 replied I *‘ never wanted the land, and never intended to ako it.” Now if this bo true, tho fact of my saying 1 did not want, nor in tend to lake the land, is 110 proof that it was ever otter- ed to me, much less in any way that 1 could take it 1 don’t recollect the question being asked, aud deny tho statement it contains ; for the land was never offered to me in a way that I could take, until September last. 1 Ie says he was always ready and willing to inako a deed, but tho fact of his sailing so is no proof that he was, for he always professed to be ready and willing to jjive tho securities and the mouey, but failed to do both. According to Mr. Roesor, Laurie swore “ he understood tho sale of land was for Simmonds’ benefit.”â€"Simmonds [Substitute, Reesor] “ told him [Laurie] that ho was to got his stock sale notes to the amount of £300 for the land, aud that tho defendant was to get £10 for his trouble in making sale of tho land.” That I could have told Laurie this is simply absurd. Allow Reesor £10 for his trouble in selling hisoww? land,â€"a foot of which I never owned ! No wonder the learned judge, with all his ingenuity, could not understand it. [as Reesor admits] and insisted that Reesor, before he attempted to prove that ho sold the land for me, must first prove that il ever was mine. Now this is tho whole case for the de- fendant. “ Yet in the face of this evidence” [in my humble opinion 110 evidence at all] savs Reesor, “ the judge advised tho jury, as the de- fendant did not tender a deed, nor tho money within the three years and one week, the plain- tiff had a right to sue for either “ for, says the judge, it is very clear that tho conveyance was not made within the time, and it is clear that the money was not paid within the time, therefore you have a right to infer that both were refused,” “ So that,” says Roesor,4• tho judges charge simply ainouu'ed to this,â€"that the plaintiff might set forth an unmitigated falsehood, and because the defendant could not prove it a falsehood, it was to pass as truth.” I don’t oxaclly know what the pleadings wore, but I suppose the declaration set forth the agree ment, viz,â€"that Reesor promised to give me a deed of tho land, or securities for, and £430 wit|un tho time th rein mentioned ! that the time had expired, and he had done neither ; which is true, there is 110 great harm then in alleging in the technical language of the courts, that both were refused. This is what Reesor calls “ an unmitigated falsohoodâ€"”“a false charge and because he says “ the defendant could not prove it false ” [“ that is by proving that he did either give the land or tho money”] â€"the judge allowed it to stand as true. The defendant pleaded not indebted,â€"which means that ho never made the agreement, nor got tho money. Tho plaintiff proved both Defendant further pleaded that ho had performed his part of the agreement. This tho plaintiff denied.â€" This was the only remaining issue. The judge required tho dofendant to prove his plea.â€"To this the dofondant demurs, andindignantly ex- claims : ‘‘ Strange law indeed, that a man can bo charged with a certain noglect” [that is, ne- glect to pay his debt, or perform his agreement] “ that he should have to prove that charge to be false ” [that is by proving the converse, that he had paid his debt, or performed his agree- ment [“ otherwise stood convicted of the charge.” Yet the judge held thaj it was not1 “ more strange than true; according to Mr. Reesor, the plaintiff must not only prove the making ot the agreement and the consideration, but that the defendant did not perform his part, [that is. prove tho negative ! how “very easy,” to be sure !] tho affirmative of the issues incum-* bent on tho plaintiff, and the negative of the is- suos incumbent 011 the dofendant The diffi- culty of pioving a negative has puzzled logicians, from “ Aristotlo ” down to Whately, and the law does not require it, The maker of a note or agreementâ€"if the plaintiff proves the making and tho consideration,â€"must pay, or satisfy, or provo that ho has ! Every school-boy of eight years old knows this ; yet Mr. Iteosor does not know it, though he is an Editor, and professes to “ draw logal ” documents, and oven give “ legal advice,”â€"for, says he, “ Judge Drape? allowed his [plff’s.] lawgor ” [Hon. J. H. Ca- meron, wTho ought to have known better] “ to make this false statement” [viz, that he did not perform his agreement ”] and because it can- not be proved false in tho way dosired, it must1 pass as truth.” Yet his ignorance, [gross as ilis,] isyet fully matched by his impudence,â€" *• for,” says he, “ the learned judge has thought proper to change this law of evidence.â€"Allow a false charge to be made against tho defend- ant, and advise the jury that they may regard it as true, bocause tho defendant cannot provo it to be false by a positive and substantial witness,” “ was,” says he, “ a greater outrage ever hoard oft'?” “ Why,” says he, “ was not the plain- tiff asked to prove a demurer 011 the defendant ? and that the defendant had refused to perform his part according to tho agreoment,”â€"that 1S| provo tho negative, which is impossible. But why should I be compelled to demand a deed when 1 preferred to demand the money, His own witnesses, if they prove anything prove this, Did ho intend to givo me both ? “ Whether,” says Roesor, “Judge Draper can successfully make good his new law, remains to be seen.” O110 would havo thought that ho oucrht first to have known what the law is, before lie under- took to toll the Chief Justice of the Common fleas that he had “ changed the law.” Then because tho learned judge did not choose to look upon Mr. Reesor as an “ infalliable being,” re- vorse the law laid down and acted upon for two thousand jears, take not only the evidence; but the law from his lips, decide that the plaintiff should pay tho costs, and take a deed of tho land, when the defendant in his “ great good- ness ” should see fit to givo it, perhaps afiertlie other sixty five acres had been sold for taxes ; but choso lo consider Mr. Iteosor an ordinary mortal, and as he had neither given the land nor the money, ad vised the jury to find for the piain- tift’ £432 12s., which they did accordingly,â€" lleosor calls his “decision extraordinary.” Your obd’t servant, THOMAS SIMMONDS. Muikham, Nov. '2ii, 1838. iM URDER IN TOROjNTO. Toronto has again been the scene of a frightful tragedy. It appears that or* Moa- (Tay night Ihe 6(h inst., a parly of fallen h'liiiiles with their “ fancy men,” and others (imongst whom were (he victim, Thomas .Wadigan alias Rearion, and William Finning, I he supposed murderer) met a.t ai | iw groggery on Wellington street, aod had a supper, and after supper a dance, and of course the demon whiskey was sup.- plied in only to libera! quantities whicU' alter copious libations had been drank, led! to quarreling, and Fleming accused a wo.- man named Lee of cheating him of half a dollar, she denied it, and he, (Fleming)) drew a disk knife to stab her, but she slipâ€" p<'(l out of the way, after which Fleming had some words with Madigan. A few blows being struck. Patrick Scott’s cv.ir- Jence at the inquest runs thus ::â€"- “ I last saw him alive at about*li&lF-pasf eight yesterday evening, at Welsh’s tavern. We at that time left the- tavern together, lie was “ pretty” sober, having, taken only a couple ol glasses and a couple1 of cigars in the tavern. We walked on. together to a lane a little lo the east o£ Bay-strect, immediately in the rear of Mr. Hawke's. I went up (he lanp, leaving the- deceased near the bottom. I had not been five minutes in (he lane before my atten- tion was drawn to a scuffle on the sidewalk 01 (he street below. I at once went down the lane, and rushed between the twoâ€" the prisoner in the dock and the deceased â€"when I observed that the prisoner had a long knife in his right hand. I asked what was the matter } The prisoner said â€"“ Patsy, is that you ?” “ Yes,” I re- plied, and at that instant I saw the de~ ceased fall, upon which the prisoner rail away. I then exclaimed that the man had, been stabbed, and I ran for Dr. Adams.. I. then returned to (he tavern and learnt that Ihe young man was dead. When the: young man was taken into the saloon lie- breathed ; but I did not hear him utter a sound after he fell. I went from the tavern to the police station and stated the parti- culars ot what had taken place, and return- ed back to the tavern with Sergeant Hast- ings nvIio arrested several women.” I’OST MORTEM EXAMINATION. Dr. Colter and Bethune, gave it as their opinion that deceased died from in- juries received during the quarrel. The inquest was again adjourned. *£ The funeral of the unfortunate youth-, took place on Wednesday, and was largely attended, there being nearly thirty vehicles, and about one hundred persons in the pro-, cession. The funeral took place about half-past two o’clock in the afternoon* Iroir his foster-falher’s house 011 Stanley Street, and proceeded down Church street to King, along King street, and thence to the Catholic Cemetery, Yonge street. There was a iar<2;e assemblage of persons on the streets as the procession passed along. It is stated that the body was not deposited in consecrated ground by orders of the Bishop, the reasou alleged being that the young man had not been at- tending on chinch ordinances for a length ol time. Rev. Mr. O’Keefe, however, read the prayers for the dead before the. body was removed from the house.” Three men were killed at Brookville, liid. on the 8th inst., by the falling of the cupola of a new church.