11thatto nut( Isturninngn inVarlintnent.
PRINCIPAL BUSINESS OP THE WEEK.
11011SE or LORA4. Monday. June 23. Lord Lyndhurst on Privilege in reference to the attendance of Judges -Registration of As: unlaces Bill ; A mendment reported. Tuesday, June 24. Jotee Persaud; Lord Ellenborougli's Statement-Registration of ASSIllalice$ Bill, read a third time and passed. Thursday. June 26. Charitable Trusts Bill, explained by the Lord Chancellor, and read a second time.
nue 27. Appellate Jurisdiction of the House of Lords.
BOISE OF COMMONS. Monday, June 23. Ecclesiastical Titles Bill, considered in Committee, and reported-Oath of Abjuration (Jews) Bill, considered in Committee
Court of Chancery and Judicial Committee Bill, read a second time-Supply Corn- Mee: Caffre War Vote and the Cape Constitution-Civil Bills, &c., (Ireland) Bill, considered in Committee-Land Clauses Consolidation Bill, read a second time.
Tuesday, June 24. At Morning Sitting- Metropolitan Water Supply; Mr. M o watt's Bill-Smithfield Market Bill ; third readises carried by 81 to 32, and bill passed- Church-building Acts Amendment Bill; second reading opposed by Mr. Hume; de- bate adjourned. At Evening Sitting-Mr. Disraeli's Finance Resolutions-Inland Bonding; Mr. Milner Gibson's Motion on behalf of Manchester, negatived by 65 to 50-Savings-Banks; Motion on behalf of Depositors, negatived by 63 to 56-Ad- journment voted by 64 to 32. Wednesday, June 23. Universities (Scotland) Bill; second reading negatived by 66 to 65-Encumbered Estates Leases (Ireland, Bill, thrown out on second reading, by 94 to 15-Medical Charities (Irelauil) Bill, considered in Committee. Thursday, June 26. At Morning Sitting-St. Albans Bribery Commission Bill, read a third time. At Evening Sitting-Danish Claims; Mr. Roebuck's Motion, negatived by 126 to 49-In Committee of Supply. Votes discussed : Registration of Seamen ; Salaries; Ecclesiastical and Poor-law Commissions, 8tc. Friday, June 27. The Crystal Palace-Ecclesiastical Titles Rill, considered as Mended; further Amendments opposed by Ministers, but earned by majorities M 135 to 100 and 165 to 109: Bill to be repnnted, and third reading taken next Fri- day-Court of Chancery; Debate on Mr. Stuart's Motion (adjourned from 27th May) concluded; Address agreed to.
TIME- TABLE.
The Lords, The Commons.
Friday sh .... 75 lom Friday 45 Ass) 111 ma
Tuesday Noon .... 4h 3Ont Wednesday Noon .. 3h 55m
Toursday Noon . 2A Urn
Monday 45 .(m) III 15m
Meeting. Adjournment.
Hour of Hour of 511 ..... . 12h 15m
MI .(rrs) 111 15m Sittings this 'h e,5, 4; Time, oh 4201 this Session, 68; - .i23h 47rn Sittings this Weirs, 7; Time. is 10In this Session. 59; —6151s Om
PAPAL AGGRESSION.
The last stage of the Ecclesiastical Titles Bill in Committee of the House of Commons was passed on Monday. The preamble being arrived at—which in Parliamentary order is the peroration and not the exor- dium of a measure—Mr. WALPOLE mo,ed his "extensive alterations."
Many Members had avowed, in the course of the discussion, their feeling that considerable ambiguity exists in the declaratory clause of the Govern- ment bill : without agreeing in that opinion, Mr. Walpole thought that all ambiguity, if any exist, should be cleared up by that part of the bill which is the key to the clauses, namely the preamble. This is more essential in declaring an old law than in enacting a new one; for in the latter case the authority of Parliament is enough, but in the other case you must look into the precedents to see if the law is clearly so. The bill condemns the particular brief in question, but does not anticipate or provide against the repetition of a similar act ; the bill is therefore defective as a national remedy ; and as the bill fails in that respect — fails, as Mr.
Disr: .xpressed it, as a measure of retaliation — it is right to
make- ffretive as a national protest. In the statutes of Richard the
Second an Elizabeth, the Parliament of those days were not satisfied with
repelling aggression with substantive enactments; but they set forth the co.4t u iS principles on which they proceeded, asserted in plaits and un-
mitt* rms the entire freedom and independence of' the country, pointed e way in which that freedom and that independence had been
ea reild declared that such assaults should not be submitted to. The atôiis now proposed in the bill have these objects, He would set up
Roos of Hour of
Meeting. Arbournment.
Monday 511 75 45m Tuesday its 7h 30m
Wednesday No sitting.
Thursday 5h . 7h 17m
the authority of the Crown over the um** authority of the Pope ; ind state plainly and emphatically the entire freedemeand independence of this kuognoin, and that no format:Rower either how ought to have any juns- diction within this country; and then he would point out distinctly and expressly, instead of evading the potetion as the Government preamble does, that the Dope pretended, withogtanytiairt, to constitute a hierarchy derived from places belonging to the Crania of.England. He would then take up the Government pregnable, referring to the illegal assumption and Iuse of such titles; and here he would refer to the act of George the Fourth, as the compact made when the Roman Catholics obtained their rights, the condition being that they should not interfere with the Established Church, or attempt to weaken the Protestant constitution of this country. In the con- clusion he would embody the whole offence in one recital, to the effect that the introduction of the brief in question into the kingdom, the claim to such power on the part of the Pope, and the constitution and assumption of such territorial titles, are in fact, as in law, usurpations and encroachments, contrary to the Queen's authority, and °proud to the spirit and intent, if not to the letter, of the statute of George the Fourth. The adoption of these improvements would do much to allay the disappointment caused by the inefficiency of the present measure. 1 Mr. Mooaa pointed out, that before the act of 1829, Members of PAIRS- 'Gent abjured the jurisdictior, both temporal and spiritual, of foreign pow- ers ; but by that act Roman Catholic Members were freed from the obli- gation to swear against the spiritual jurisdiction-that act left the spiritual preeminence of a foreign prelate a moot and reserved point : but this amendment proposes to break the compact of the act of 1829. If it be meant to repeal that act, let it be done openly. The SOLICITOR-GENERAL maintained that the present bill hangs well together, and that the preamble already sufficiently explains the clauses. There can be no doubt that already the law is that no foreign power has jurisdiction here : the effect of the act of 1829 was simply to free the Ro- man Catholics from scruples of conscience, and in nowise to alter the law itself. Why again call on the Roman Catholics to concur in a declaration from the swearing of which they have been excused ? ' Lord JOHN RUSSELL feared that the introduction of the words would give rise to a suspicion that the House is not satisfied with the words of the act of 1829, and that there is some covert intention to alter it : it would be better not to throw such a doubt on it.
Mr. BASKES and Mr. NAPIER supported the amendment. I On a division, the amendment was negatived, by 140 to 130 ; Minis- terial majority, 10. A subsequent amendment moved by Mr. W./aro:Li, to make illegal the constitution of " a hierarchy of bishops named from sees and with titles derived from places belonging to the Crown of Eng- land," was opposed by Lord JOHN RUSSELL; for the reason, among others, that the preamble would be " better English without it." It was rejected, by 141 to 117; Ministerial majority, 24. The preamble WM then voted as it stood, by 200 to 39; Ministerial majority, 161. The preamble having been adopted, the House resumed, and the Chair- man, amidst great cheering, reported the bill.
RELIGIOUS TESTS IN SCOTCH UNIVERSITIES.
The second reading of the Universities (Scotland) Bill, which has the object of abolishing religious tests imposed for the purpose of excluding " divisive opinions" inconsistent with the doctrine, worship, discipline, and government of the Established Church of Scotland, was moved by Mr. COWAN, with a speech distinguishing the case from that of the Eng- lish and Irish Universities, and urging the special reasons for the par- ticular measure.
There is scarcely any similarity between the constitutions of the Scotch and the English Universities, particularly with reference to their relation to the Established Churches of the respective countries. The Royal Commission on the Scotch Universities of 1826 reported, that these Universities are "not now of an ecclesiastical character, or, in the ordinary acceptation of the term, ecclesiastical bodies" ; and "there are few national institutions of long standing which have been more modified by the circumstances of the country thin the Universities in Scotland." When the Episcopalians, at the time of the restoration of Charles the Second, had the ascendancy, they passed an act excluding all persons from the chairs of the Universities, except those connected with the Episcopal Church, then attempted to be foreed on the people. When the Stuarts were exiled, and King William most reluctantly consented to establish Presbj terianism, a test was imposed to exclude all pro- fessors unfavourable to the then existing Government, as well as all Prelatists and Papists. The professors swore to follow "no divisive course from the present establishment in this Church." But the Church as now established presents none of the essential features of the period when that formula was; first imposed. The tests were especially aimed at Prelatists ; but the fact is, that in spite of those tests, a large number of Episcopalians now fill the chairs, and fill them with credit to themselves and advantage to the country. It is simply wanted that other Dissenters, whom the tests never were us- tended to exclude, shall be also admitted to fill these chairs without let or hindenince. It is desired to prevent such bigoted and persecuting attempts as that which was made to exclude Sir David Brewster, a member of the Free Church, from the office of Principal of the United College of St. &dexter and St. Leonard, in the University of St. Andrew. Mr. LOCKHART opposed the bill, as a violation of the Union, and a per- version of the original religious purposes of the Scotch Universities, not called for by any expression of public opinion against the present state of things. He moved that the bill be read a second time that day six months. Mr. EWART supported the bill. Sir GEORGE GREY also supported it ; he declared that he approved of its principle, and must vote for it; but he doubted the policy of persisting in a division then : the bill could not pass this session, and in the then state of the House a division would not represent its real opinions. Mr. E. ELLICE and Mr. ALEXA2.6DER HASTIE also supported the bill, but also counselled against a division. Mr. COWAN did not feel at liberty to recede. On a division, the numbers were 66 to 65: so the bill was thrown out, by a majority of one.
PRIVILEGES OF THE LORDS' H017SE.
Lord LYNDHURST has directed the attention of the Peers to a question of importance connected with their privileges.
It is a fixed principle of the constitution of Parliament, that no bill af- fecting even indirectly the rights of the Peerage, or of any parties who derive any power or authority under those rights, can originate in the House of Com- mons. That principle is laid down by Sir William Blaekstone, and by other writers of high authority. But it is known by the published proceedings of the House of Commons, that a bill has been introduced in that [louse for the purpose of improving the administration of the Court of Clittneery,—a bill substituted for another bill with which the country was threatened by her Majesty's Government ; and in that bill-is a clause providing that the Master of the 'Rolls, and the other Judges in the Courts of Equity, should attend their Lordships on the hearing of appeals. Judging" from the simplicity of
the enactments of the bill, and from the increase of strength it gives to the judicial staff of the Court of Chancery, it would put a period at no great dis- tance of time to those delays which have so long and so often been com- plained of in the Court of Chancery; and the object aimed at in re- i
ference to their Lordships' House s a very desirable one, if pro- perly accomplished. The assistance is required, but this is not the proper way to render it. A bill originating in the other House is not the per medium. This bill contains a clause providing that the Master of the proper and the Judges in the Courts of Equity should give their attendance in the Upper House of Parliament in like manner as the Judges of her Ma- jesty's Courts of Law at Westminster, and "should from time to time be summoned accordingly, and should also, in like manner, give their advice, assistance, or opinion upon matters or questions proposed by their Lordships for their consideration." Could anything be more objectionable in point of form than such a clause ? He ventured to affirm that the clause is a direct breach of the privileges of the House of Lords. He did not wish to dogma- tize on the subject, and should therefore simply propose to refer the point to the consideration of a Select Committee. These trifling encroachments are often seria in male; they ought not therefore to be overlooked, but to be resisted, calmly and respectfully, in the first instance. He threw out suggestions as to the best manner of gaining the assistance which it was proposed thus to se- cure by improper device. These learned personages were originally considered somewhat in the light of Privy Councillora—" Regis consiliarh ordinarii." They were summoned by writ, issued at the commencement of each Parlia- ment, to attend to advise. The form of the summons was. "to consider, de- liberate, and advise," not to "consider and decide." Thus, whenever their Lordships make an order for their attendance, they must come, consider, and advise. This is distinctly laid down by Sir Mathew Hale and other writers of great learning and authority. Those thus summoned originally consisted of persons of great authority in the State, not being members of the Peerage, —as, f a. instance, Ministers of State, members of the Privy Council, the Master of the Rolls, the Attorney and the Solicitor-General, and the King's Sergeants. To these personages writs of summons were originally sent ; but subsequently they were discontinued to many of them, and the writs of sum- mons only went to the Master of the Rolls, the Attorney and Solicitor- General, and to the King's Sergeants. Sometimes the Judges of the Courts of Common Law did not give due attendance in their Lordships' House ; and in the time of Lord Sutlers they were reprimanded by their Lordships for their 'slackness of attendance.' The Judges in the courts of Equity were virtute ojicii Privy Councillors. Lord Lyndhurst proposed that a writ of summons should be directed to them, the same as to the Judges of the Courts of Common Law. In the clause to which he had referred, the Master of the Rolls is ordered to give his attendance in that House. Now this order was unnecessary, for he is bound at this moment to attend and to give "his ad- vice, assistance, or opinion, upon any matter or question proposed by the House for his consideration." As to the authority by whom these writs should be issued, it may be necessary to introduce a short bill into the House of Peers, to give authority to the Crown to issue such writs : he gave no opinion oa the point ; he would refer it to the Committee of Privileges as a matter to be reported on to their Lordships.
He hoped there would be no opposition to his motion, "That it be refer- red to the Committee for Privileges to consider and report what course, having regard to the privileges of this House, ought to be pursued for ob- taining the attendance and advice of the Muster of the Rolls and the other Judges of the Courts of Chancery on hearing of appeals."
The LORD CHANCELLOR said he would make no opposition to the mo- tion, and would give no opinion whether the motion itself was necessary or not. After some conversational remarks interchanged between them, Lord LYNDHURST became warm, and protested against allowing the House of Commons to legislate on the privileges of the House of Lords. The Marquis of LANSDOWNE reminded the Lords, that they are in the habit of introducing money-clauses into bills ; which, strictly speaking, is a violation of the privileges of the other House. It is not an unwise course that each House should insert in bills clauses which they can- not pass without violating each other's privileges—and which they have no intention of passing—for the mere purpose of showing what is their intention in legislating. But it could not yet be stated that any breach of privilege had taken place : until the bill came up, they could not say it contained improper clauses. Still he made no objection to the motion.
The Duke of RICHMOND protested against the doctrine laid down by the M.a-quis of Lansdowne ; and claimed it as a matter of right that the Lords should originate money-clauses.
If the bill in question should come up to their Lordships with this clause in it, he should propose that the Lord Chancellor should kick it to the bar. (Laughter.)
The Marquis of LANSDOWNE observed, that her Majesty's Government will take care that the clause is excluded.
The Duke of Itienstoisn hoped that it would be excluded, for he does not wish to kick the bill out. ("Hear, hear!") Lord BROUGHAM supported Lord Lyndhurst's motion, but expressed a hope that any example of kicking a bill from the House may not be fol- lowed by the other House. It would lead to greet inconvenience if, next time their Lordships send a bill down to the other House with a moneas-clause in it, some zealous Mem- ber should move that it be referred to the Committee of Privileges to inquire; &e. ; or if the House should not inquire, but should assume at once that it is a breach of privilege, and order the Speaker to kick it out. This would lead to great interruption of public business. The attendance of the Equity Judges in appeals from the Courts of Chan- cery would be a great advantage ; and the proposed arrangements in re- ference to the appellate jurisdiction of the House of Lords entirely met his views. It would also be advantageous in Scotch appeals to 'command the as- sistance of the Scotch Judges. Lord LYNDHURST repeated, that he entirelyappmves of the substance of the clause, and only aims at securing the object in a proper manner.— Motion agreed to.
CHARITABLE TRUSTS REFORM.
The LORD CHANCELLOR introduced to the House of Peers, on Thurs- day, a bill for facilitating and better scouring the due Administration of Charities in England and Wales. The subject has been under the consideration of Parliament for the last seventy years; and since 1786 five Commissions have been issued to examine into it—four under the authority of Parliament, and one under the sign- manual of the Crown : thirty-two reports have bi.n presented on the sub- ject. There are 28.840 charities in England and Wales, more or less to be inquired into. Of these, those with an income less than 51. a year are no less than 13,000, nearly half; those between 5/. and 10/. me 5000; and these between 10/. and 100/. are 4000. Of course, any litigation respecting the administi ation of the smaller of these charities would swallow up in law charges many years of their income. In 1840, various bills, founded on the valuable reports made, were submitted to Parliament ; but all unfortunately failed to meet its approbation. In 1845, Lord Lyndhnnst,hrought in a bill, which passed through that House almost unanimously ; but matters of great importance occupying the other House, and the Government of that day de- clining to press this bill forward, it was lost. In 1845, another bill was thrown out in the other House, by a majority of two. It has been endea- voured to avoid the objections urged to the last bill, without impairing the efficacy of the present measure ; and if this bill fail, there will be little chance of settling satisfactorily hereafter a matter universally acknowledged to require legislative interference. One of the great causes of abuse in the administration of charities is the want of publicity, and of check, to their accounts. One charity lest DO less than 30,000/. in that manner. There is another, where an annual rent of only 2/. was paid for property which now lets at 1500/. a year. Iii m my cases rent-charges had come to be considered as the permanent value of the charity. In others the proceeds of the charities bad been permitted to fall into the hands of a single trustee ; in the course of time he died, and then it was discovered that he had failed to discharge his trust. It is proposed to establish a board of five Commissioners, to be called the "Charity Commis- sioners" ; two of the Commissioners are to be paid, and the others not paid. The board is to be made a corporation. It is to have power to issue pre- cepts for the production of accounts and documents and the attendance of witnesses; to have the duty of advising trustees as to their acts, and the power to exonerate them from the consequences of acts done under such advice; and to have the power of putting the Attorney-General in motion, and continuing his action, in cases which they think require his inter- ference. Jurisdiction in eases under 301. a year is given to the County Courts; in cases between 30/. and 100/. a year, to a Master in Chancery. The accounts of the trustees of the charities must be filed yearly in the Coun- ty Court of the district including the charity ; and the accounts of the Com- mission must be yearly laid before Parliament. The expenses of the board, and of working the law, are to be paid by a tax of twopence in the pound on the income of all charities above 10/. a year , and it is estimated that such a tax will produce 8500/. a year. The bill makes provision for the union of small charities ; and it will deal with permanently endowed charities only, and not with charities supported by voluntary contributions. Petitions have been presented to be heard by counsel ; but as their Lordships know all that can be said for or against the bill, surely they can dispense with the speeches of counsel.
Lord BROUGHAM, Lord STANLEY, and the Earl Of CHICHESTER—the last having been a member of the Commission on the subject—gave the bill their general good word ; but Lord STANLEY intimated an apprehension that a bill read the second time at the end of June will not be able to pass the ordeal of a House of Commons looking anxiously for the termination of its labours.
Should the measure meet with an untoward fate in the other House, it
will be a cause of regret to those who desire practical legislation. He sug- gested that the charities of the Corporation of London be exempted from the operation of the bill, as none of the reasons generally existing for legislation exist in reference to them. In the case of the charities connected with the London Companies, there can be no ignorance of the object of the charities —no lapse of trust—no want of auditing accounts; and, as the recipients of the charities are generally the widows and orphans of members of the Corn- panics, it is highly improbable that corruption should prevail, each member having a direct interest in seeing that the trusts are properly executed. But the great Companies will have an opportunity of stating their case before the Select Committee.
Earlier in the evening, Lord LYNDHURST bad presented a petition re- specting grievances connected with the subject matter of the bill. Mr. R. Thorold, a Justice of the Pt-ace of Lincolnshire, the Reverend E.
R. Maulett, Vicar of Louth, the Reverend T. S. Basnett, Rector of Waltham, Mr. John Fytehe of Thorpe Hall, Mr. Jonathan Field of Laceby, and the Reverend E. Smith, were the petitioners. These gentlemen were six out of the eleven trustees of the free school and alms-house at Humberstone Lin- colnshire ; the other trustees being the Bishop of Lincoln, Lord Carrington, and three other gentlemen. The mastership of the free school becotning vacant in 1849, these six gentlemen, being a majority of the trustees, elected a clergyman to fill the office. But another clergyman claimed to 'fill the office by virtue of his spiritual incumbency. The matter was contested in Chancery ; and in the course of that contest, the reverend incumbent, who opposed the choice made by the majority of the trustees, filed 158 affidavits, requiring to be answered by other affidavits, which swelled the total number of affidavits in the cause to 238. The Vice-Chan- cellor determined that the majority of trustees had not satisfactorily shown that the incumbent clergyman was unfit to hold the office, and that the election of the clergyman whom they originally chose was invalid. It was not hinted in any one word of the proceedings that the course taken by the trustees was tainted by any unworthy element—they acted solely on their conscientious belief that the person they elected was fit and that the other person was unfit for the office : yet the Vice-Chancellor condemned them to pay nearly all the heavy costs. Such a sentence will seriously di- minish the income of those of the petitioners who are clergymen, for several years to conic ; and they are so dismayed by the cost of appealing, that they shrink from venturing on that course. They have all resigned the office of trustee; and the Bishop of Lincoln has written to the clerk of the charity, stating that as he knows the petitioners to be most upright, and to have acted only on a conscientious view of their duty, he also resigns his office, as he "cannot, by remaining in the trust after they have quitted it, appear to concur in the censu e cast upon them." The petitioners say that such a harsh decision is calculated to deter the clergy and gentry and other compe- tent persons from accepting the duties of trustees over charities; though it is of great importance that persons residing in the immediate locality, and of respectable station and liberal education, should accept such offices and perform the duties; and they pray that in any measure for reforming Chan- cery, provisions be made for abolishing the taking of evidence by affidavits when viva voce examinations can be had, and for protecting trustees ho have acted bona fide from the consequences of inadvertent error.
REGISTRATION OF ASSURANCES.
those estates. It would enact that when an absolute order for the sale of an eneumbe-ed estate has been made, the tenant who has been in posses- sion a certain time, and who is rated high enough to give him the elective franchise, should have a right to come in and demand "a lease in per- petuity upon paying a fine of one-fourth." The tenant would thus be- come purchaser of a quarter of the rent " ; and "a reserved rent for three-fourths would sell for more than a rackrent for the whole,"—a benefit alike to the owner and his creditor, and to the industrious tenant. He moved the, second reading. Mr. FRENCH, Mr. NAPIER, Colonel DussE, and the SOLICITOR-GENERAL for Ireland, opposed the measure, as objectionable in principle and detail : Colonel Dunne called it "a bold scheme of confiscation." But Mr. E. B. ROCHE thought it entitled to consideration in Committee, and Mr. SHARMA.N CRAWFORD defended its principle. It was thrown out, by 94 to 15.
MEDICAL RELIEF IN IRELAND.
In Committee on the Medical Charities (Ireland) Bill, Lord N.a.ts re- peated his objection to the principle of levying taxes by means of the Poor-law Board for other purposes than the relief of the poor. The prin- ciple will end in the maintenance of lunatic asylums, gaols, and so on.
Sir WILLIAM SOMERVILLE said, all are agreed there must be some change in the present mode of administering medical relief to paupers.
The amount now administered in medical charities in Ireland is about 126,0001. yearly. There are about 670 dispensaries, and a number of district hospitals. The dispensaries may, by proper arrangement of districts, be reduced to 460 ; which can be kept up for 44,1751.; and the hospitals can be consoli- dated into about 74, at a yearly cost of about 53,655h Far more relief would be administered by the improved arrangements of the new system, than by the bad arrangements of the present one. The saving would be from 20,000/. to 30,000/. a year.
Mr. HAMILTON thought the statement very fair. Mr. Gnarrax knew from personal observation that the illness of the people, and the conse- quent expense to the country, arises in a great measure from the total ab- s nice of the gentry. Colonel DUNNE thought the whole object of the bill is to centralize administration,—a system from which Ireland has already suffered severely. An amendment to clause 2 was moved by Mr. Emi- ousoN, to confine the bill to "dispensaries," and to leave " hospitals " alone till experience has been gained under the bill. The amendment was negatived, by 85 to 24. Progress was then reported.
SAVINGS BANKS.
Mr. HENRY HERBERT advocated, on Tuesday, the claims of the de- positors in the late Rochdale, Scarborough, Tralee, and Killarney Savings Banks, to the same measure of Government relief as was lately granted to the depositors of the Cuife Street Savings Bank in Dublin ; moving for a Committee of the whole Howie, to sit on some future day. His ge- neral ground was the strong and general belief, encouraged by Govern- ment in various ways, that the depositor in a savings-bank has Govern- ment security for the safety of his frugal accumulations ; and the fact that Government has not only repeatedly meddled with the management of the banks, but has tampered with their money and used it for public purposes. He pictured some afflicting cases of individual suffering con- sequent on the breaking of these banks. Mr. SHARMAN CRAWFORD se- conded the motion. The CHANCELLOR of the EXCHEQUER advanced the reasons before given for refusing the claim,—that Government ought not to vote money for losses which were not in any way attributable to itself ; that the cost of doing what is proposed would be too great; that if you grant these claims you will have them recurring annualy. The subject is full of distressing difficulty : Government pro- posed a measure last year, but could not get on with it ; Sir Charles Wood is daily receiving further information, and he hopes to brills. for- ward a bill to appoint a Government treasurer for each bank, and'make Government liable tor all the money received by its own treasurer. Mr. BRIGHT approved of the unwillingness of the Chancellor of the Exchequer to pay promptly ; but suggested that after he has braced himself up fur- ther, and brought in his measure to place the responsibility somewhere, the case may be brought forward again, and placed on the generosity of Parliament ; and then, as Mr. Bright believed, a large majority of Par- liament will be for paying all these claims in full. Several other Mem- bers spoke in a similar tone of sympathy with the poor depositors, but of objection to establish the precedent opposed by the Chancellor of the Ex- chequer ; and Mr. Jonx ABEL SMITH, as Chairman of the Select Com- mittee, did not think the impression of Government security was so gene- ral as to justify the step proposed by Mr. Herbert. On a division, the motion was negatived, by 63 to 56; Ministerial majority, 7.
POPULAR CONTROL OVER LONDON WATER SUPPLY.
Mr. Mowarr asked the House of Commons, on Tuesday, to grant an indulgence to his Metropolitan Water Supply (Control by Representative Body) Bill, and allow it to go before the same Select Committee to which the Government bill has been referred, though the Standing Orders Com- mittee has reported against it. Without contesting the technical pro- priety of the decision given by the Standing Orders Committee, he urged, that for twenty years 'the House has dispensed with its standing orders under similar circumstances ; that he had done all that was possible to comply with orders which could not be entirely complied with; and that as much favour should be shown to his bill as to the rival Government bill. Mr. Vv irsoN PATTEN stated, that the Standing Orders Committee bad done all it could in Mr. Mowatt's favour, but found it quite impossible to waive substantial requisites. It is impossible that all parties concerned in the bill could have received, or could now receive, sufficient notice of it, in time. Sir GEORGE GREY supported the COmmittee. Mr. Mowarr, finding that the sense of the House was not favourable, withdrew his motion. It was observed, however, by Sir BENJAMIN lima., that the bill is in the hands of the Members of the Select Committee ; and though it will not he formally referred to by them, they are aware of its provisions.
SMITHFIELD MARKET.
The Government bill to remove Smithfield Market received the final sanction of the House of Commons on Tuesday. Mr. STAFFORD renewed his protest against it; and Mr. Hums, seconded by Mr. WILLIAMS, moved that it be read a third time that day six months. Sir JAMES Delis took the opportunity to repeat, that the City are "diametri-ally opposed to the measure" ; and to complain that "Government has thrown a very un- popular duty on the City, and one too which does not promise to be at all profitable." On a division, the amendment was negatived by 81 to 32. The bill was then read a third time, and passed.
INLAND BONDING.
Mr. Mhatint Grasos moved, on Tuesday, for a Select Committee to inquire into the working of the system of warehousing foreign goods in bond at Manchester; and to report whether Manchester shall be placed on an equal footing with all bonded towns in the United Kingdom. From the commercial importance of Manchester and the district of which it is the centre, the Government of which Mr. Goullium was Chancellor of the Exchequer consented to grant it the privilege theretofore enjoyed only by ports, or towns which had once been ports, of bonding imported articles duty-free. But the privilege was granted only at the expense of the dis- trict which benefited by it ; and Manchester became liable by law for the payment of the Customs establishment out of its municipal revenues. The lowering of duties on the staple imports has rendered the privilege of bonding less valuable than it was ; and Manchester is now anxious that the 2700/, a year which the Customs establishment costs it should be paid out of the national purse. Mr. Gibson pleaded that the system of inland bonding is a general benefit to commerce ; and that there was no special, or at all events no permanent contract, made with Manchester, that should make it an exception to the rule all through the rest of the country, that the local Customs establishment is maintained at the national cost.
The CHANCELLOR of the EXCHEQUER opposed the motion, on the special ground of compact. The privilege of inland bonding is excep- tional, and must have some sort of check put on it : it was thought when Manchester applied for the privilege, that the best cheek would be the imposition of the local cost on the district applying for the local pri- vilege; and that was the arrangement then made. If Manchester wishes now to get rid of the cost, it must yield up the privilege. Mr. CARD WELL, on behalf of Mr. Goulburn, who was absent from indisposition, confirmed Sir Charles Wood's statement of the nature of the bargain made. Mr. BRIGHT supported Mr. Gibson in a speech on the broader principles of the question. But Mr. HUME gave his opinion that Manchester must not depart from the terms on which it was made a port. On a division, the motion was negatived, by 65 to 50.
THE CAFTRE WAR VOTE.
The adjourned debate upon the report of the Committee of Supply having been resumed on Monday, Mr. HUME drew attention to the vote of 300,0001. as the first instalment of the expenses of the Caffre war, and called on Lord John Russell to review the decision to which he came a few nights before, of not carrying out the grant of a constitution of the colony until the war has ceased. He corrected Lord John as to the entire mistake he laboured under in say- ing that the gentlemen who were elected to seats in the Council, instead of aiding the Governor, had set themselves to apply every possible obstruction. They had given every possible assistance to the Governor, and they had agreed to almost every principle of the constitution. Matters went on regularly enough, and the constitution might hive been appoiuted in a few days, and the business of the colony have been proceeded with ; but the Governor asked them to go into no less than fourteen different public matters —estimates, supplementary estimates, and the like : to this they demurred, and then arose the contention. The elected members represented that they had not been called together to pass any laws, but merely to constitute a government, and they refused to take upon themselves the duty of sanctiont in' the estimates of 1850 and 1851. Finding that the Governor persisted, four of those members retired from the Council ; and, as a proof that they were right in their view of the ease, public meetings were held in every porta the colony, at all of which their cond uct was approved. It has been stated that Earl Grey has sent out an order withdrawing the letters-patent, and consti- tuting another government to carry on the affairs of the colony : but Mr. Hume believed that would be an illegal proceeding, besides being one that could not fail to create great dissatisfaction in the colony. Lord JOHN RUSSELL replied to the remarks of Mr. Hume as addressed to "the two great divisions of the subject"--the grant of representative institutions to the colony, and the hostilities at present carried on at the Cape of Good Hope. His explanations on the first" great division" may be taken as the full Government case in opposition to the case of the colonists against the Colonial Office.
"Letters-patent [for a constitution to the Cape colony] were granted in this country, but those letters-patent did not contain the complete details of the representative system to be established. They contained merely an out- line of that system, which was to be filled up at the Cape of Good Hope; and when that outline was filled up, the representative constitution was not to be immediately put in force, but the plan was to be sent to this country in the shape of ordinances, to be considered by her Majesty's Government, who were to determine whether it was desirable for the welfare of the colony that they should or should not be adopted. It happened, however, that Sir Harry Smith, iustead of appointing nominees to the vacant seats in the Coun- cil, thought that greater weight would attach to any opinions expressed by the Council, and to any determination at which they might arrive, if a cer- tain number of members of the Council were chosen by election, who would thus form, as it were, a kind of representative element in the body by which the new ordinances were to be framed." The plan was "not very fortu- nate," because, whatever might have been the motives of four of the gentle- men who were elected to the seats in t:e Council—he did not mean to impugn their motives—they left the Council, and the majority were obliged to deter- mine what steps should be taken. It was resolved to appoint a Commission to consider the whole of the details with respect to the representation of the colony; but it is plain that that proceeding could not lead to the result originally con- templated by the Government at home, because the Commission could not send here ordinances in such a shape that they could be taken into consideration. and sent out amain to be put in force in the colony. Lord John It Ise& agrees that, as Mr. Hume says, if letters-patent establishing a represf ntitive constitution had been granted, and the Government afterwards proposed to revoke those letters-patent and to put an end to that representative consti- tution, such a proceeding would have been at variance with the laws and constitution of this country : but the case at present is very different, an far more complicated ; because here is a constitution which was merely an Out- line, and could not have vigour and effect until it had been first filled up at the Cape, and afterwards approved and sanctioned by the Government at home. It was therefore only an imperfect scheme, and wanted that which was essential to give it force and validity. Lord John expressed his regret that Sir Antilles Stockenstrom has taken a course which he must "110w regret." Sir Antilles Stockenstrom is a man who for years has Liken great interest in the affairs of . the Cape colony, and he has no doubt formed conscientious opinions as to what his duties were ; but Lord John considered it most unfortu- nate that Sir Andries Stockenstrom did form such opinions, and he be- lieved it would have been far more advantageous to the interests of the colony if he had continued his services upon the Legislative Council. There is great difficulty arising from the present state of alfairs—great tem- porary difficulty in the way of putting such a constitution in force, when the
Governor who is to be the chief of the executive, and also a great number of the inhabitants of the colony, are at a distance defending the frontier : still it would not be right to say, if that war should continue an indefinite time, that a representative constitution should be withheld during that indefinite time.
The second "great division" of the subject was briefly dismissed. The real fact is, that the district of Caffraria was an extension of the frontier for the sole purpose of defending the inhabitants and settlers in the colony. It was not made to extend empire, and was of no advantage to us but to enable us to defend the settlers; and no opinion was more generally entertained in the colony than that the best mode of providing for the safety of the colonists was the extension of the frontier. '1 his plan was approved of by Sir Ben- jamin D'Urban and was adopted But now some of the colonists say- " If this is a question of defending the frontier, and our own farms and possessions, we are ready to appear in arms for their defence ; but if it is a question of defending British Caffraria, that is no affair of ours—with that the colonists have nothing to do, but you are bound with the money of Great Britain and by the arms of her Majesty's troops to defend that ter- ritory." That is not reasonable. It is a deception to say—" Give us a re- presentative constitution, and we will defend our own frontier and save you the expense." That means—" We will defend that part of the frontier against which there is no prospect of aggression, and where there are no ene- mies to attack us" ; because it is assumed that the Imperial Government will protect the real frontier where the invading hordes live. It is therefore hasty and imprudent to suppose, that if we once send out a constitution to the colony, we shall not have to bear the burden and cost of the Caffre war. No doubt, the Cape of Good Hope will in the end—like seine other colonies which were most expensive in former times—become prosperous and flourish- ing; but her Majesty's Government are now obliged to ask from the House a l'eth of money to enable them to carry the colony through the present
The report on Supply was then agreed to.
FURTHER SUPPLY VOTES, D/SCUSSIONS, AND " SCF.NPS."
The discussions on the further votes in Committee of Supply, on Thurs- day, were of secondary interest.
On the vote of Salaries, including that of the Registrar of Seamen, Mr. HUME and his supporters raised objections to the system of registration, as incomplete, incorrect, oppressive, and expensive. Sir JAMES GRAHAM responded to an appeal by Mr. Hume—
It is seventeen long years since he committed the sin of instituting a re- gistration of seamen, and since then his attention has been divorced from the subject. He proposed it not as abstractedly desirable, but as subsidiary to ulterior arrangements. It is a delusive hope that in the event of a great na- val war impressment can be altogether superseded ' - but registration was an effort to avert the necessity. The system is probably capable of improve- ment, but even now it prevents desertion from the merchant service. In the expectation that efforts will be made to remove defects, and that the system may be made useful for ulterior purposes and measures of improvement, he should support the vote.
The expenses of the Ecclesiastical Commission were objected to by Mr. HUME, Mr. WILLIAMS, Mr. TRELAWNEY, and by Colonel Surruour —as a hater of the whole host of Commissioners. Mr. Hintz specifically al- luded to Mr. Goulburn's receipt of salary under the Commission, and his retention at the same time of a pension for past services. Lord Jome RUSSELL and the CHANCELLOR of the EXCHEQUER replied, that the case is not subject to the usual principle; and in addition, the principle is not unqualified in every case. Mr. DRUMMOND recalled the discussion to the ground of principle—whoever objects to the Maynooth grant and the Re- gium Donum, must object to the vote of public money for the salaries of a Church Commission. Lord JOHN LUSSELL argued, that the expenses are those of "civil business for making reforms which the State thought ne- cessary." Mr. BRIGHT replied, the object of the reforms is to get more Church funds for Church purposes : the money saved will not be shared by Dissenting chapels, or by secular schools. Trust property should pay for its own management. The objectors divided against Government, but were beaten by 57 to 25.
In the discussion on the Salary of the Lord Privy Seal, Lord JOHN RUSSELL again repeated his notion that we ought to have in the Cabinet certaie paid officers with easy duties, who can attend to matters that do not come under any particular department.
When he himself was Paymaster of the Forces—an office like that of the Lord Privy Seal, with no very great duties—he "attended to various small matters, among others that of the Reform Bill." We may have public busi- ness done cheaper, but worse : he feared that we are already going too far : each Minister will have an answer when reproached, because he has his own duties; but the public will be the losers.
Mr. BRIGHT having alluded with praise to Lord Granville, Vice-Pre- sident of the Board of Trade, and Mr. W. WILLIAMS having " wished all our other functionaries were as efficient as Lord Granville," Lord JOHN RUSSELL acknowledged his particular pleasure ; for he was really, sonic time back, almost made ashamed of having recommended a Master of the Buckhounds to deal with subjects of trade. The vote for the Poor-law Board produced explanations from Mr. BAINES in reference to the schools in unions,—showing his disposition to extend them and improve them,—which Mr. HENLEY pronounced satis- factory. The vote for the expenditure of the Mint gave the CHANCELLOR of the EXCHEQUER an opportunity of saying that the new system at the Mint will come into operation in a few weeks ; and that Sir John Her- sehell is not only an excellent astronomer, but an excellent man of busi- ness, who takes a constant part in the superintendence of the Mint.
A vote of 217/. for Queen's Plates run for at Edinburgh by the Caledo- nian Hunt, and by the Scottish Archers, incurred the opposition of Mr. WILLIAMS, "on principle." Mr. DISRAELI sarcastically wished Mr. Williams to "explain what the principle was" ; and proceeded to criti- cize the arrangement by which the Royal revenues were given up for a civil list, and now the Crown is to be deprived of those powers of patron-- ago and liberality which it formerly possessed. Sir ROBERT INGLIS stretched the scope of the criticism, and caused a personal scene.
The arrangement of the Civil List, he said, has opened the door to inter- mumble discussions, in which the dignity of the Crown is at the mercy of any gentleman who has the power of stringing together twenty sentences, and in which the most vulgar feelings and prejudices are appealed to. Mr. Wirsantris would not condescend to reply to the observations of the honourable Baronet, which he considered impertinent. (Cries of " Order!
Sir Romer Isferus—" Mr. Bernal, I appeal to you and to this House, whether the language used by me now, or at any time since I sat in this House, would warrant the language of the honourable Member ? If he rise to apologize, I will nit down ;—[Sir Robert Inglis paused]—but if not, I will finish my sentence, and say that the honourable Member for Lambeth is not
the man who is entitled to tell me that I used impertinent language." (Loud cheers.)
Mr. WILLIAMS—" If I said anything which was contrary to the rules of the House, I withdraw it ; but I do say, that when the houourable gentleman
said I was incapable of uttering twenty sentences—(Cries of " Oh, oh !"
and knghter)—I understood the honourable Baronet to use that expression towards me. Vie Robert Inglis, "A-0, no !") There are few men in the
House for whom I entertain a higher respect than the honourable Baronet, and I should not desire to utter a single word hurtful to his feelings. The expression I made use of was in the heat of the moment, under the impres- sion that the expression was applied to Inc."
Sir ROBERT INGLIS—" For the personally kind manner in which the honourable Member has referred to me, I can only thank him : 1. will not revive the subject."
There was also an approach to a rencontre between Mr. Anstey and Mr Scully, arising out of a supposed taunt by the latter, during the
Complaint of the former that the grant for the Irish fisheries is so paltry. Mr. ANSTEY replied ; and Mr. Seum.v rejoined, that he treated with the utmost contempt everything that fell from him.
Mr. Anstey went to Mr. M. J. O'Connell, " and after sonic rapid and seemingly anxious communications" w ith him, retired from the House. Mr. Scully communicated with the O'Gorman Mahon. Lord Marcus Hill, who seemed sent by the Government, entered into conversation with Mr. M. J. O'Connell, " but his mission seemed wholly unsatisfactory." " In the mean time, 31 r. Scully was in earnest conversation with his friends" ; and
when he rose to leave the House, Mr. M. J. O'Connell " drew hirn aside." When the House had resumed, Mr. BERNAL called the attention of the
Speaker to the circumstance that the honourable Member for Tipperary
had used language of an unparliarnentary and offensive nature to the ho- nourable Member for Youghal, in the debate on Supply. Lord JOHN RUSSELL hoped the matter would not be carried beyond the walls of the House. The two Members were ordered to attend in their places ; and they presently took their seats. Mr. SCULLY then rose, aud acknow- ledged that he had spoken in haste and irritation, and that he regretted giving pain to the feelings of a gentleman. Mr. ANSTEY stated that he was perfectly satisfied.
JOTEE PERSAUD.
The ease of the Parsee banker and army-contractor, against whom the Indian Government lately took criminal proceedings, which resulted in the honourable acquittal of the defendant, was brought before the House of Peers onWednesday by Lord ELLENBOROUGH, upon a motion for the production of the charges against the Parsee. Lord Ellenborough went over the leading features of the case of his client in a tone of stateliient which condemned the proceedings taken against him rather as errors of judgment than as unsuccessful persecutions. His state- ment also gave no countenance to the assertion which was one of the grave fea- tures of the case as it first Came before the English public, that the criminal proceedings were taken against Jotee Persaud in consequence of the civil ac- tion brought by him in the Supreme Court at Calcutta against the Indian Government for 578,000/. as the balance of accounts due to him in respect of his great army contracts performed during campaigns of Affghanistan, Gwa- her, and the Sutlej. The civil suit was instituted byJotee Persaud after the criminal proceedings: Lord Ellenborough thought that the proceeding was ill-advised on the part ofJotee Persaud, and that it arose most probably from a notion that the criminal proceedings were meant to get rid of his pecuniary
However, the criminal proceedings were founded on informations unworthy of credit, framed by unfaithful servants, with the intention of ex- torting money ; and they signally failed. Undoubtedly, errors, and some- thing more than errors, took place among the multitude of Jotee Persaud's assistant-contractors, but wholly without his knowledge Or privity. Jotee Persaud is not the ordinary instance of a man who has made a large fortune by the performance of contracts for the Government: he is the sou and bro- ther of two of the most considerable bankers in India, who hold as conspicu- ous a station there as the Baring,s and Rothschilds do in Europe, and who have establishments all through the continent of India from Calcutta to the North-western Provinces. No other man could have accomplished what he accomplished for our army in the field. All parties who ever had anything to do with this gentleman—for gentleman he is, remarkable for his gentle- manlike manners where all have such manners—have been perfectly satis- fied with the way in which he has performed his engagements. He has never pressed any points that are unreasonable, but has won by his fair dealing the favour of all the Governments which have successively employed him.
Lord BROUGHTON went over the case with the object of justifying the conduct of the East India Company ; showing the precautions taken to have most full and fair preliminary investigations into the charges before any criminal proceedings ; quoting the reports of unprejudiced and highly qualified officers who had investigated those charges and re- commended the prosecution ; and concluding that the existenee of frauds, such as no doubt did exist, was a prima facie case of guilt which it was right to bring before the courts. As those proceedings have ended in the unanimous acquittal of Jotee Persaud, he is entitled to the full benefit of that result. Lord Broughton stated that the East India Company had only that day received the news that the award of Major Bygrove on the civil claims of Jotec Persaud is in favour of that gentleman, though he does not know for what amount.
The motion for papers was not opposed.
DANISH CLAIMS ON THE BRITISH CROWN.
The Danish claims were this year advocated by Mr. ROEBUCK, but with no better success than by other Members in former years. The pith of the case for the claimants seems to be, that Government misled the merchants by their representations that the Baltic would be a safe depot, and allowed them to accumulate merchandise at Copenhagen ; and then, when the war had broken out, when Copenhagen had been bombarded by us, and when our merchants' property had been confiscated by the Danish Government, the British Government refused to compensate the mer- chants for any property except their book-debts and goods on land—re- fusing the worth of the confiscated "goods afloat." The CHANCELLOR of the EXCHEQUER justified the distinction between goods on land and goods afloat, which is the ground of the Government refusal to pay : seeming to argue, that in respect of the latter class of goods the capitulation of
Copenhagen did not operate ; the general war between this country and Denmark went on notwithstanding the special capitulation ; and "goods
afloat" obey the law in reference to the general •• state of war," and not to particular capitulations of seaports. In this view th.e conduct of Denmark was according to the law of nations, and there is no claim on the Government of England. On a division, the Chancellor of the Ex- chequer was" supported by 126 to 49,
IMPORTANT MOTICOIS TN IME HOUSE OP LORDS.
Lord STANLEY stated on Tuesday, with reference to his notice of a motion "to call the attention of the House to papers relative to granting representative institutions to the Cape of Good Hope," that on further consideration, and without any intention to make it a party question, he will move that it be referred to a Select Committee ; and as he will pro- bably take the opinion of the House, he would not bring it forward till Monday next. Lord REDISDAT,E gave notice of a motion for Tuesday next, "That an humble and dutiful address be presented to her Majesty, praying for the revival of both Houses of Convocation." He desires no expression of opinion from their Lordships, but merely the opportunity of directing attention to a subject of vital importance.
PROTECTIONIST FINANCE.
Mr. DISRAELI laid upon the table of the House of Commons, on Tues- day, the resolutions of which be has given notice in respect to the finan- cial measures of the Government. As Mr. Baring intends to move an in- struction to the Committee with respect to the duty on coffee, and as that instruction must be proposed on the first financial measure of the Govern- ment, Mr. Disraeli must bring forward his resolutions by way of amend- ment on the Inhabited House-duty Bill, though they apply to the general policy of the Government and not to that particular measure. The reso- hiti ins follow- " That, according to an estimate of the probable future produce of the ex- isting texas, suemitted to this House by the Chancellor of the Exchequer, it appears that a surplus revenue may be expected in the present year of about 2;000,000/. "Tleit in the revenue so estimated, is included a sum exceeding 5,000,000/. derived from the tax upon income, respeeting which an inquiry has been directed to be made by a Committee of this House ; on the result of whose labours may depend the future renewal or modification of that important impost. "That, in this provisional state of the financial arrangements of the oeuntry, it appears to this House to he most consistent with a due regard to the maintenance of public credit and the exigencies of the public service, not to make any material sacrifice ef public income in effecting such changes as may be deemed advisable in other branches of taxation."