6 FEBRUARY 1841, Page 2

dates anti Vrottebings in Vadiament.

REGISTRATION OF VOTERS IN IRELAND.

In the House of Commons, on Tuesday, Lord STANLEY moved for leave to bring in his bill for the amendment of the law relating to the registration of Parliamentary voters in Ireland. The registration-law could not be allowed to remain in its present state ; and he concluded,

from the degree of favour shown by the House to his bill of last ses- sion—the provisions of which were contained in the present—that the necessity of amendment was admitted.

The principal provisions of that bill were these ; he proposed to abolish al- together the certificates as evidence of the right of voting, considering the sys- tem of certificates as of itself a fertile source of abuses. He proposed in lien of certificates to transfer to Ireland the system of England ; to provide that the register should be revised by a barrister, and to make that the evidence of the right to vote. He proposed to transfer another part of the English system of registration to Ireland : as in England, so in Ireland, he proposed that persons seeking to obtain the elective franchise or to protect their votes, should have the same length of time given as in England, and no more, and the same facilities and opportunities of objecting to and protecting votes. He proposed that, as in England, registration in Ireland should not be confined to quarter- session towns; and he proposed that the registration, as in England, should be annual. He proposed an appeal from the decision of the Revising Barristers to the Judge of Assize ; such appeal not to be one-sided, but to include an appeal by the objector to a vote as well as by the claimant. The check of the liability to costs in case of appeal ought to exist ; but be was willing to remove the objection raised on this point by providing that the party who supports the judgment of the Revising Barristers Court shall not be liable to the costs of appeal. Lord Stanley alluded pointedly to the " Liberal Association of Ulster" as having sanctioned some of the main objects of his bill, which bad been the ground of so much acrimony towards himself. On the ques- tions of the abolition of certificates, registration by Assistant Barristers, the mode of making a claim to vote, and in the necessity of an appeal independently from a Committee of the House of Commons—on all those points he and the Ulster Association were agreed. There was another important point in the measure of last session, to which he wished to call to attention of the House ; and in approaching this part of the subject he begged to assure honourable Members that he desired to meet the wishes and views of the House to the utmost extent that was at all com- patible with the essential principles of his measure. The.right honourable gentleman opposite, then Solicitor-General for Ireland, moved the following amendment to one of the clauses of the bill of last session—" After the 1st day of November no person shall have the right of voting for any place in Ire- land unless registered according to this act ": amendment proposed, "after " that " to insert the words "in making the register of voters for any county, city, town, or borough, under the provisions of this act, the name of every per- son who, when such register shall be made, shall be registered as a voter for such county, city, town, or borough, shall be placed and retained upon such re- gister so long as his right of voting as such registered elector would continue under the present law, unless he shallohave lost his qualification since he was so registered, or unless he shall have become personally disqualified as such voter, or have died ; or unless his registry was effected by fraudulent personation." That amendment certainly seemed to carry the right' of voting to a much greater extent than he had contemplated : at the same time, he should not object to some change of that sort, provided it were to be so effected as to bear such an interpretation as appeared to him absolutely necessary for accomplishing the ends of justice. That amendment was agreed to by a majority of 7, the num- bers being 296 to 289. As, on the one hand, he was ready to come forward and support any proposition which he had once advocated, and which bad been sanctioned by a majority of that House, so on the other he was ready to bow to the decision of the House, even though the majority against his original views did not happen to be a large majority. If, however, it were intended by this amendment that no 'person once on the register should at any future time be liable to have his qualifica- tion inquired into, he would never consent to such a proposition. It would in fact be an aggravation of the present system, to give an un- qualified man a right of voting, not only for eight years, but for the term of his life. Respecting the notices of objections— He had proposed in the bill of last year to follow the English plan. In thin respect the provisions of his bill were law in England at this moment. It ap- peared to him not by any means unfair, that when a vote was objected to, the nature of the objection should be stated to the elector, in order that if he thought proper he might come forward and defend his vote. In the bill for England the noble lord opposite adopted that principle, and be (Lord Stanley) desired to extend it to Ireland. The House would observe that he adhered to the principle of notice with a single exception : he adhered also to the principle of giving the appeal to the Judge of Assize ; and if any one could show him more able, a more equitable, or less expensive tribunal, he should adopt it.

Alluding to the notice given by Mr. O'Connell that he should oppose the introduction of the bill unless it contained a clause defining the franchise, Lord Sanley said the two questions were distinct ; and as the Ministers introduced a bill last session for amending the registra- tion without defining the franchise, he should follow their example. To attempt to mix up the two questions, would be to defeat the Regis- tration Bill, because the subject would then become too complicated to be satisfactorily dealt with— The more limited object which he proposed to himself, was to remedy ad- mitted and acknowledged abuses, adhering strictly to the principle of not intro- ducing any such definition of the franchise, but willing and ready to discuss all the provisions really necessary to the measure he proposed, in a temperate and friendly spirit, ready to listen with patience and candour to the arguments of others, and to yield to their reasons so long as they did not militate against the main principle upon which his measure rested.

Lord MORPETH was facetiqus on Lord Stanley's haste to bring in his Registration Bill in advance of the Government measure— He was not willing to fail in courtesy to the opinions of any honourable Member, and certainly not to those of his noble friend; and, considering that the bill of his noble friend in the last session did obtain a position in the House, and had met with an almost unexpected degree of success—overflowing houses, overwhelming plaudits every night of its representation—he did not feel disposed to offer any opposition to the motion of the noble lord for leave to bring in his bill ; not doubting that the noble lord, and those who supported him, would ex- tend the same accommodation to him when he moved on Thursday next for leave to bring in a bill on the same subject on the part of the Government. As to the mode of appeal proposed by Lord Stanley, he contended that it differed materially from that proposed by the Ulster Associa- tion. That Association did not recommend an appeal both ways in matters of fact as well as in matters of law ; and above all, they did not do so unless the franchise was first settled and defined. Referring to the bill to be introduced by himself on Thursday, Lord Morpeth said he intended to ask the House to concur in a measure relating to the qualification of voters as well as to their registration— He hoped to show to the House and to the "noblelord, in perfect consistency with all he had said or done on this subject, that it would not be expedient to effect any material alteration of the present registration-code—any alteration so complete as the noble lord had recommended, involving the constitution of a new appellate tribunal—until they first settled and explained the franchise. Mr. O'CONNELL would be no party to the compromise between the two noble lords : he was there as no party-man on this question, but on behalf of the people of Ireland. He thought Lord Stanley, when com- plaining of the multiplication of fraudulent votes in Ireland, should have mentioned the number of voters. He instanced the county of Cork in proof of the small number of voters that Ireland possesses in proportion to her population. In that county, with 713,000 inhabitants, there are only 3,000 voters— Did the noble lord grudge that population of upwards of 700,000 persons their 3,000 voters ? Was that his plan ? was that the fraud ? was that the multiplication of fraudulent votes ? How was it the proportion was so over- whelming and overpowering ? There must be fraud—there must be villanous perjury—to use a word which the noble lord made use of last session. (Lord Stanley here denied haring used the expression.) Well, perhaps the noble lord did not say so ; but if he did not, somebody else said it for him. (Great laughter.) What did they mean by that interruption He had beastly bel- lowings last year—(Strong murmurs of disapprobation)—were they to be renewed this year ?

Mr. O'Connell continued to dwell upon the disproportion of voters to the population in Ireland compared with England ; and took occasion therefrom to dwell upon the necessity of a Repeal of the Union, to pro- cure "justice." The Irish had already been swindled out of the votes which Lord Stanley himself had been a party to giving them, and this bill was a further attempt to deprive them of their rights. dr. O'Con- nell maintained, that as the members of the Government had given notice of a motion on the registration of the Irish voters, the con- sideration of the present bill ought to be postponed till the Government proposition was before the House He therefore moved that the debate be adjourned till the 4th instant.

Lord Jolts RUSSELL remarked on the singularity of Lord Stanley confining his attempts to improve the registration of Ireland, and per- mitting the abuses of the registration system in England and Scotland to pass unnoticed. The franchise in Ireland had already been restricted, as a counterpoise to the Emancipation Bill; and it behoved the House to watch narrowly any further attempt to restrict the franchise in that country— He remembered that Lord Durham, when discussing with him some restric- tions on the ten-pound household franchise in England, which that noble lord had thought injurious and vexatious, stated by way of illustration, that the franchise might be declared to be a ten-pound, but one of the conditions for pos- sessing it should be the ability to construe the first book of Homer. Thus, though the noble lord opposite said he did not alter the franchise, and that it remained the same, yet, though at first view it appeared comprehensive, it might by various provisions be limited to a very few persons. The noble lord proposed to retain the existing franchise, but at the same time desired that it should be defined by the courts of law. Now, without imputing to the Judges any political bias or tendency, he must say, that the tendency of all courts of law was generally to restrict by technical distinctions and definitions franchises which existed either by common-law or by statute.

He objected particularly to the mode of appeal proposed by Lord Stanley, and to the general provisions of his bill— Ile did not mean to say that them might not be certain cases of fraud which needed to be corrected, and certain mistakes which ought to be set right; but he thought they might be corrected and amended by much simpler machinery than that proposed. He believed that the noble lord would find it impossible to settle the question thoroughly by his plan : above all, he would not settle it with justice to the people of Ireland unless he took into consideration the Aquestion of the franchise.

` As to the form of proceeding which had been adopted, Lord John did not object ; and as the House had sanctioned the introduction of the measure last year, he saw no Parliamentary grounds for joining in Mr. O'Connell's amendment for adjournment.

Colonel RAWDON, as a member of the Ulster Association, protested against Lord Stanley founding any argument in favour of his bill on the supposed agreement between him and that body ; as it was well known that the Ulster Association had been called into existenc to oppose his measure.

On a division, Mr. O'Connell's amendment was lost, by a majority of 190 ; there being 71 for, and 261 against it.

The Government'plan for amending the registrations and franchise in Ireland, was brought forward by Lord MORPETH on Thursday. He admitted the existence of abuses in the present system, particularly in the plan of certificates, which offered facilities for fraudulent per- sonation of voters and the retention on the register for eight years of persons who had lost their qualification. These abuses the Govern- ment were willing to correct. The one• sided system of appeal, in which the claimant was allowed to appeal and not the objector, he was also willing to alter. He would not, however, grant an appeal on matters of fact, where the claimant's right to vote had been fully sifted before the tribunal appointed for that purpose by the Irish Reform Act. The appeal for and against the franchise should be limited to questions of law : but it was important, in the first place, that the franchise be placed on a clear, distinct, and well-ascertained basis, and not on one, as the present avowedly was, of ambiguous and doubtful interpreta- tion.

" 1 have thus far indicated the length to which I am prepared to go in com- mon with the noble lord opposite, and I am sure it cannot be otherwise than pleasing to me to travel in his company as long as I am able. Sir, we are pre- pared, as he is, utterly to abolish the use of certificates, and to make the re- gister, when it shall have been framed under due precautions, the test of the right of voting to the time of elections. We are prepared to allow a periodical revision, and an appeal both ways—to the objector as well as the claimant—if Parliament shall have first consented to place the franchise on a clear and in- telligible footing. With regard to the time of this periodical revision, I am con- tent to take the same period as that which has been selected by my noble friend,—namely, that it shall occur once in every year. But while I limit the revision to take place at the interval of one year, I cannot consent to give up the point for which I combated last year, though, I admit, without success, which is to deprive the Irish voter of that facility and advantage which he now enjoys of preferring his claim to be registered by theAssistant Barrister every quarter at the ordinary Quarter-sessions. When the voter is once placed on the register, 1 propose he shall be liable to have his title to vote annually called into question at the periodical revision. At the same time, if nothing has oc- curred which in any manner alters the original qualification in virtue of which he was placed upon the register—if nothing has taken place to disturb that—if every thing remains the same—I am content with the strict and searching in- vestigation which is prescribed by the Reform Act. I do not wish to make his vote subject to any further disturbance. I cannot, then, assent to that part of the scheme of the noble lord which makes the voter, after his claim has been regularly registered,liable to have that claim called in question every year; which would leave that vote which bad been judged good and valid in one year, liable to be called in question the next, and so on to all recorded time.'" With respect to the Court of Appeal, he objected to leaving such questions to be decided by the Judges. He proposed to retain the same provisions that were introduced into the bill of last year by the Attorney- General for Ireland, and which were intended to be applied to England. He proposed, therefore, that the new Court of Appeal should consist of three barristers, of certain standing in their profession, to be appointed by the Speaker of the House of Commons. Lord Morpeth next approached the question of the franchise. On this subject the opinions of the Judges were divided ; the opinions of the Assistant Barristers were divide-d; the opinions of the leaders of the two great parties were divided ; nay, from the speeches of the Duke of Richmond, Lord Stanley, Lord Melbourne, and the Marquis of Lansdowne, it appeared that the very framers and authors of the Irish Reform Act were divided in their opinions respecting the franchise.

If doubt and uncertainty are characteristic of the present state of the fran- chise, it must follow that the best remedy is to place it upon such a basis as to leave no room for doubt. It would further be advisable that we should find some basis distinct and independent, a ground disconnected with the franchise itself; and that the basis should be one which furnished a countervailing check against the introduction and operation of suck matter as has been hitherto complained of We think we find such a basis, comprising the different qualities and recommendations I have described, in the valuation for the poor- rate, as prescribed in the recent Poor-law Act for Ireland. This shows on the face of it a distinct and definite sum ; it was assessed for a purpose altogether distinct from the franchise ; and it would appear to be operative as an effectual countervailing check in preventing men from endeavouring to be put impro- perly upon the register. The desire, far more prevalent in human nature than a desire to get on the register, the desire to spare himself from extra burden, would prevent a man from trying to he assessed to the poor-rate for more than his property is worth.

It had been apprehended by some, that as the Poor-law valuations are always pared down by many deductions, no amount of valuation could be fixed which would not practically raise the qualification be- yond the standard fixed by the Reform Act. Two barristers had been commissioned to visit various Unions, and report upon the systems of valuation pursued there. The result afforded a fair sample of the va- luations throughout Ireland. It appeared that the scale of valua- tion was generally a low one; and that the valuators had for the most part taken as their test, not the rent which the highest bidder would give, but the rent for which a good landlord ought to let to a tenant paying repairs, insurance, and all charges ; and that even with reference to this test, the valuators had usually estimated the rents below the sums asked by the most indulgent landlords. Therefore a rated net value would probably range far higher than either of the values now in con- tention, which are commonly called the solvent tenant's test and the occu- pier's profit-test. His Lordship pointed out the disparity of the number of voters, compared with the population, in the counties in England and Ireland ; and proceeded to show from various returns, that whilst the population in the latter country has been largely increasing, the number of registered electors had been as rapidly diminishing. This was a proof that the constituencies of Ireland were not swelled by spurious voters to the extent Lord Stanley and his supporters alleged. In re- ference to the mode in which it was proposed to apply the Poor-rate test to the Parliamentary qualification, Lord Morpeth stated- " I should propose to fix the standard for the elective franchise at the same amount of value at which the Poor-law Act fixes the liability of the occupier to payment as a matter of necessity—at that amount which must be discharged by the occupier himself, and which cannot be shifted upon the owner, or upon any other person. That is to say, if you apply the test of the Poor-law valua- tion, I would take as the amount of rate requisite to give the elective franchise a rated net value of 51. I do not disguise from myself that in the course of time this may lead to some increase in the number of those who enjoy the elective franchise. I do not think it would give rise to any sudden or violent increase. I think it would operate very slowly, and that it would only extend the franchise in a degree that would be perfectly proportionate with the in- creasing wealth and resources of the country. I do not propose to effect any material alteration in the tenure under which the elective franchise is at present enjoyed. I know that there are some who are for fixing the franchise purely upon rating, without any reference to tenure, making the right of voting entirely independent of the period of the interest which the occupier has in his holding. But I think that would be a novel principle in a constitutional point of view. When I refer to the only antecedent that we have of it, to the 501. tenant-at-will clause in the English Reform Act, I own that the practical working of that clause, as far as it has yet been developed, does not fill me with a wish to introduce a similar principle upon a more extended scale into the constituency of Ireland. It is true that this innovation would make the occu- pier, as to his right of voting, entirely independent of his landlord. But, as we now frequently hear, whether justly or not, of the mode in which landlords deal with the tenants who do`not coincide with them in political views, I think that openingto them the temptation of voting when they have no right of pos- session, would expose a far larger and more helpless class to a much more real dependence upon their landlord, and to much more severe risks of retaliation than it would be either prudent or proper to hazard. (" Hear, hear l ") Much as I value the enlargement and extension of the franchise, I own I set a higher value upon the harmony and good-will of the several classes of society; and while I would discountenance, and do what in me lay to suppress all un- authorized aggression, all tyrannical oppression of one class upon another, I would not originate any proposition which I think would have the effect of materially heightening and aggravating the dependence of the bumbler upon the higher classes. I therefore would propose to annex td the qualification of a tenement rated at the net annual value of 51., an interest in the holding of not less than fourteen years, being the lowest tenure at present retained in the Irish Reform Act, and within which two denominations of electors ire com- prised."

The adoption of this basis for the franchise would, he considered, of itself remedy most of the evils of the present registration system ; and, coupled with the alterations he proposed in that system, would place the franchise in Ireland in a satisfactory condition. He concluded by presenting the following contrast of the two plans proposed by himself and by Lord Stanley- " As a complete system of registration, his may appear the more perfect in all its parts, especially if his wish be to enthral the voter in the meshes of a tangled and complicated machinery, out of which, in most instances, it may be impossible for him to escape. But, with an unsettled and disputed franchise, the noble lord's plan would still carry with it the seeds of endless doubt and conflict, and would support the continued array of antagonist passions and antagonist parties in Ireland, until at length there would be no means by which these evils could be overcome, except by that process—for which I confess the bill seems likewise admirably calculated—the process of checking and smother- ing the elective franchise altogether. On the other hand, the measure which I now humbly tender to the preference of the House, puts an end, almost at once, to every litigated or controverted point, appeals to a test that is at once distinctly ascertained and permanently recorded, supplies in itself a counter- vailing and counteracting check against the introduction of any abuse, and comes down to us recommended by the combined suffrages of the best authorities."

Lord STANLEY said, the effect of this new postscript of the franchise to the bill for the amendment of the registration amounted to nothing less than a new Reform Bill for Ireland. Its real effect, whether inten- tional or not, would be to render it impossible to carry any measure for improving the registration in the present session of Parliament- " Upon what ground is it that the noble lord founds his proposed alteration of the whole system in Ireland ? Upon what ground is it that he proposes to introduce into Ireland so wide a departure from the law of England and of Scotland ?—Upon the infer -ation of two gentlemen, friends, as he states, of the right honourable and learned Attorney-General for Ireland, who have been sent privately by the noble lord to the ten Poor-law Unions which have been formed in that country—who bring back their returns from those Unions, which the noble lord reads to us in Parliament from the manuscript as he has received them—which the noble lord has not even informed us he meant to lay upon the table of the House for our guidance, but upon which the noble lord considers himself justified in calling upon Parliament for the enormous alterations he now proposes to us."

Lord Stanley alluded to some of the returns as affording the strongest evidence of the necessity of amendment in the present registrations. He contended that the basis of the franchise bestowed by the Reform Bill was property, and not population. The effect of the proposed measure would be to deluge the counties of Ireland by infusing into the constituency every man who has a dwelling and land of the net annual value of five pounds, and fourteen years' possession- " Every man who has a cabin and a couple of acres of land, with fourteen years' possession, is to be placed upon the constituency, for the purpose of creating in Ireland a body of free and independent voters. If I satisfy myself that I have not misinterpreted, not misunderstood the noble lord, I will not now prematurely comment upon one single part of the bill which proposes to purify the constituency of Ireland in the manner disclosed to us this evening. I will offer no opposition to the bill beingintroduced. I earnestly desire to see the bill printed. Till that be done, I leave it, with the explanation of the noble lord, to tell its own tale, and to make its own way if it can with the people of England and the people of Ireland." (Loud cheers from both sides of the House.) Lord Howica expressed his concurrence in the principles of the Go- vernment bill. He had last year supported Lord Stanley's bill, because he felt the necessity of reforming the extremely defective system of registration that prevailed in Ireland. It was far from his intention, however, to narrow the franchise in Ireland. His Lordship read a lec- ture to both parties in the House—the Opposition, for their manner of speaking and of supporting measures distasteful to the people of Ireland ; and the Ministerial side, for misrepresenting to the people of Ireland the intentions of those who supported Lord Stanley's bill last session- ,. It could not fail to create in them a feeling of soreness and a sense of in- justice, the ground on which the foundation of the Repeal agitation had been laid. Great blame rested with both these parties, but a still greater blame— he would not shrink even in the presence of the honourable Member himself to declare it—was attributable to the honourable and learned Member for Dublin, for the means he had taken to excite that feeling of dissatisfaction. Enter- taining these opinions, he deeply lamented the state of feeling that had been produced ; and though he blamed the different parties as accessory in pro- ducing it, he was firmly persuaded, that if both sides of the House really wished to combat with success the Repeal agitation—if they wished to deprive the honourable and learned Member for Dublin of that lever which he well knew how to use with most effect, they must take care in considering this measure so to frame it that the principle of Ascendancy could not be restored. (Cheers.) Mr. 0-CONNELL approved the bill now proposed, and believed it would give satisfaction to the Irish people. Lord Stanley's bill would have an opposite effect. It proposed to accomplish an accurate regis- tration, yet it did not define what it was that was to be registered. And it invested the Judges with an invidious power, which exposed them to unfair obloquy— If the present bill was honestly carried into effect, it would do what the noble lord who spoke last said—it would take a strong weapon out of his (Mr. O'Connell's) hands. He perfectly agreed with that noble lord in what he bad said as to the state of Ireland ; but as to the good-will of the House towards Ireland, why the trial of it was now come. Here was a test of it : if they re- jected the noble lord the Secretary for Ireland's measure, who could make the people of that country believe that he (Mr. O'Connell) made an impro- per use of Repeal ? But if they passed it, it would be received with satisfac- tion by the people, it would put an end to the evils of the present system—to the false charges of violence and perjury that had been thrown out against them—while it would also have the advantage of taking away all temptation to false swearing.

There was a growing opinion among the Irish that they could not obtain justice fi on England : the way to check that feeling would be to adopt the Ministerial measure— Was it not prudent, now that they had the choice, to show to the people of that country that they were ready to act liberally, and to preserve the connexion between the two countries? Was it wise in any stateman, he did not care how strong his prejudices might be for the English Church, to show to the people of Ireland that he made injustice and oppression the allies of his Protestantism ? They forgot how soon they might yet want the right arm of the kingdom. France was not going to war at present, nor would she until she was prepared : but was she not preparing? Had she not trampled under foot the principles of liberty, that she might surround Paris with forts ? Had not the most enthusiastic friends of liberty in that country made sacrifices in order that France might become formidable to the rest of the world? Was she not at present in a state of armed peace ? Was not Germany arming also ? Every state in Europe was arming; and was England going to disarm by snaking Ireland justly dissatisfied ? The noble lord might display his hatred and his virulence, and feel proud of the support his party has rendered him in his measures against Ireland; but let him recollect that at no time was it desirable to render that country dissatisfied—at present it was unsafe : they would want her they knew not how soon ; they might have her for a slight purchase, but they would certainly lose her if they attempted to do her the in- justice of passing the bill of the noble lord. Mr. SHAW characterized the Government bill as one to establish uni- versal suffrage. The qualification it required for Parliamentary voters was only half that of the voters for municipal elections.

The other speakers against the bill were Sir R. BATESON, Mr. Ser- geant Jecasos, and Mr. LrrroN. It was received with approbation by Mr. HOME, Mr. JOHN O'CONNELL, Mr. VILLIERS STUART, Lord CLE■ MENTS, Mr. WARD, and the O'CoNNoR DON. Leave was then given to bring in the bill.

REGISTRATION OF VOTERS IN ENGLAND.

Lord JOHN RUSSELL, on Thursday night, brought in a bill for the registration of Parliamentary voters in England. It was not essentially different from that introduced last session— He was sure the Roane would agree with him that the system required amendment. The Revising Barristers were very numerous, and many of them possessed but little experience ; their decisions had been made the subject of complaint ; that which one allowed the other disallowed ; and this was at once unjust, vexatious, and productive of great uncertainty. It was proposed to ap- point fifteen Revising Barristers, those gentlemen to be selected by the Speaker out of a list of forty-five, furnished by the Judges. The gentlemen so ap- pointed were to receive fixed salaries, to be perfectly independent, and in order to their being independent, they were not to be removable unless upon address from both Houses of Parliament. Vacancies hereafter occurring amongst the fifteen Revising Barristers were to be filled np on the nomination of the Speaker. He bad further to state, that it was also intended to establish a court, composed of three gentlemen of the bar, possessing an appellate juris- diction from the Court of the Revising Barristers, to whom in the last resort questions of law were to be referred.

In reply to a question from Colonel SIBTHORPE, respecting the salaries of the Revising Barristers, Lord Joust RUSSELL said he was not just then prepared to answer the question. The bill was'read a first time ; and ordered to be read a second time on the 12th of February.

CHANCERY REFORM.

The ATTORNEY-GENERAL, on Tuesday, moved for leave to bring in a bill to facilitate the administration of justice in the Court of Chancery. He pointed out the present unsatisfactory state of the business in that Court ; amounting to an absolute denial of justice in all cases where the sums in dispute did not exceed one hundred pounds. Nobody who was not a madman thought of going into the Court of Chancery unless his demand exceeded that amount.

With the enormous mass of property brought under the administration of the Equity Courts, it was impossible,;with the present judicial establishment, to get through the business. There had been hardly any addition to the judicial establishment of those courts since the reign of Edward the First, though the property to be administered had gone on constantly and rapidly increasing. The funds in the Court of Chancery in 1802 amounted to 19,000,000/. ; m 1812, to 28,000,000/. ; and in 1839, to 41,000,000!. The acts of Parliament which had been passed of late years respecting railways had very much contri- buted to increase the business of the Equity Courts; and the consequence was that there were frequent and just complaints of the slow administration of justice in those courts. The arrears were very great, amounting at present to between 1,200 and 1,300 causes. Between the time of a cause being set down for hear- ing and its being heard, a period of not less than three years elapsed; and upon an average it was five years from the date of the institution of a cause to its perfection. When a cause was heard, it might not be definitively disposed of, but would come on again for further directions ; and this might happen re- peatedly before the cause was finally disposed of. The consequence of this procrastination was great distress to individuals. Another evil, also resulting from such a state of things, was the encouragement of fraud. Persons having property intrusted to them frequently set the law at defiance, presuming upon the inability of individuals to brave the expenses and anxieties of a Chancery snit. Compromises on equal terms were matters of daily occurrence. The enormous amount of extra costs arising from delays, constituted in itself a great grievance. Upon a moderate calculation, the term-fees and other ex- penses arising from delays, amount to not less than 40,000/. per annum.

The remedy proposed for this monstrous state of things was an increase in the judicial strength, to enable the Judges in Equity to dis• pose of the business more quickly— The bill now introduced would abolish the Equityjurisdiction of the Court of Exchequer, and appoint two new Vice-Chancellors. At a subse- quent stage it would be necessary to introduce clauses respecting salaries and compensations. It might, however, be satisfactory to the House to know, that neither for salaries nor compensations would it be necessary to impose any burden upon the country. There were funds belonging to the Courts of Ex- chequer and Chancery amply sufficient to defray all reasonable salaries, and all the compensations which would be necessary.

Sir Enwenn SUGDEN deprecated so extensive an alteration as that proposed, without due consideration. He referred to the hasty legisla- tion in Bankruptcy as a caution against proceeding with reforms on too extensive a scale at first. The Court of Review had been found to be useless, and, as far as it went, had tended to bring the legal institutions of the country into contempt. He thought the Attorney-General had unintentionally overrated the amount of arrears in the Court of Chan- cery. One additional Judge would, he conceived, be sufficient to clear off all the arrears in the course of one year. He admitted, however, that the great accumulation of business rendered it necessary that more judicial power should be applied. As an instance of the increase, he said it had been computed by a competent judge that the railway motions alone have been sufficient to occupy the attention of one Court during the times of sitting for a whole year. His mind was open to conviction respecting the necessity of two additional Judges, but he thought it better to begin with one— At all events, if they were to appoint two Courts, two things were im- peratively necessary : one was the improvement of the Master's offices, and the other was the improvement of the Courts of Appeal, so as to render them ready to receive the great increase of business that would necessarily accrue from the appointment of two additional Judges. As the case now stood, the Lord Chancellor was the sole Judge of appeals in the House of Lords.

Sir E. Sugden pointed out forcibly the faults of the present appellate jurisdiction. His proposition was this— In the first place, he maintained that it was not fit to leave the Lord Chan- cellos to the decision of appeals in the House of Lords without assistance— without constant, regular, authorized assistance. He said, further, that it was not fit that there should be an appeal from the Lord Chancellor in one court to the Lord Chancellor in another court : he maintained that this was a mere mockery of justice. Be was not prepared to trench upon the jurisdiction of the House of Lords. He would introduce two permanent Judges, to whom ho would give the name proposed by Lord Langdale in the bill introduced by that noble lord some years ago—the name of Lords' Assistants. These two Judges should hold office during good behaviour ; should be paid a proper salary ; should not necessarily be Peers, though they might be Peers ; if not Peers, should have no voice in the House; but upon all occasions and at all times, should sit with the Lord Chancellor to hear causes, and to deliver their opinion upon those causes openly as judges. Such assistance as this afforded to the Lord Chancellor, would at once sweep away all the anomalies to which he had re- ferred, and of which the suitor in Chancery had so much reason to complain. Be proposed that the Lord Chancellor, with the Lords' Assistants, should have the power of calling to their assistance the other Equity Judges.

He proposed also to reform the constitution of the Judicial Commit- tee of the Privy Council, which was at present a tribunal without a head. He would give it the character of a regular court, over which the assistants of the Lord Chancellor should preside. Having explained the outlines of his proposed plan, he said he should bring in a bill to carry it into effect.

Mr. LYNCH supported the bill brought in by the Attorney-General; but he thought the proposed additional judicial power would not be suf- ficient.

Leave was then given to bring in the bill.

Sir E. SUCHEN afterwards obtained leave to bring in a bill to faci- litate the administration of justice in the House of Lords and the Privy Council.

EQUALIZATION OF DUTIES.

In the House of Commons, on Tuesday, Mr. LABOUCHERE moved for a Committee of the whole House, on Monday next, to consider so much of the Customs Duties Act (3 and 4 William IV. c. 56) as relates to the duties on rum and rum shrub, the produce of any British possession within the limits of the East India Company's charter : and in doing so, he explained the nature of the resolutions which he intended to pro- pose on that day. Their object was, to equalize the duties on rum, the produce of our East and West India possessions, as well as the duties on sugar, which had been already equalized. The burden of proof, he thought, lay with those who resisted a motion which was prima fade so reasonable and just. When the subj ect of the East India trade was referred to a Select Committee last year, he then stated that he should consider it his duty to carry their recommendations into effect. That Committee, however, had not reported ; and though he had not the sanction of the Committee of the House of Lords in equalizing the duties on rum, he should feel it to be a dereliction of his duty if he sheltered himself be- hind the report of a Committee, and did not bring forward measures which were necessary to the public interest. And the Lords Commit- tee had sanctioned the principle of equalization ; as they had expressed an opinion, that the rum as well as the sugar-duties ought to be equa- lized ; though they thought there was something in the present transition from slavery to freedom which rendered it harsh to apply the principle. He would not, however, have made the proposal, if he bad not been satisfied that the measure was in itself just ; and he thought he should be able, before he sat down, to show that nothing could be more exaggerated than the fears which some gentlemen expressed before the Committee as to the effects of an equalization of the duty on rum. He saw nothing in the present circumstances of the West Indies which could prevent'its being done at all ; but, on the con- trary, much calling for it. If the effect of the House equaling the duty on rum should be to cause a greater production of sugar in the East Indies, he thought there would be no cause to lament the alteration. No one who had paid attention to the sugar-market at home—to the high price of the article— to the great privation endured by the people in consequence—and to the injury inflicted on the revenue, but would admit that it was the duty of the House to enlarge the supply, not of slave-grown sugar, but of sugar the produce of our own free-labour colonies, whether in the East or West Indies.

Of course, to induce the House to .1.5 ithhold its assent from the pro- position which he was about to make, it would be necessary to prove that there would be some sudden falling-off in the production of West Indian rum, or that the market for it in this country would be suddenly stopped, in a manner injurious to the West Indian interest. The cases of sugar and rum were different : the supply in this country of sugar from the West Indies was very inadequate ; and there was a great dif- ference in the price of sugar paying duty for home consumption and the price in bond or abroad— But what was the case with respect to rum ? Nominally, the West India colonists enjoyed nearly the same monopoly with regard to rum as they did with regard to sugar, but practically the two cases were very different. The West India colonies alone were able to send, and did actually send to this country, a very considerably larger quantity of rum than the British market MS able to take off. What was the consequence ? Just this—the surplus quantity was exported to find a market abroad ; and it did so chiefly in the North of Germany. What followed from that ? Necessarily a lessening of the price of the rum in the British market, thereby making it not really a mono- poly price ; because it must be obvious that the price of rum in this country must be governed by the price which the surplus, when exported, fetched in those foreign markets where it had to compete with East India rum and foreign ruin. East India rum could be sold in bond, without paying duty, at the same price RS rum which came from the West Indies, which was admitted for consumption here as well as exported abroad. He would mention a fact that would at once prove this. In the Navy contract for rum the number of gallons contracted for was 100,000, 50,000 gallons of East India rum, and 50,000gallons of West India rup. The rums were both of the same quality, and were sold precisely at the same price.

If the West Indians would not lose much by the measure, it might be supposed also that the East Indians would not gain much. He ad mitted the force of the argument ; though it had been much exaggei ated. The present system was inconvenient ; and the finer qualities of Jamaica rum enjoying a monopoly in the home market, there was no inducement to improve the manufacture in the East Indies. It had been feared by some, that cheap spirits produced from rice or other materials, and flavoured with rum, might be introduced from the East Indies, to the prejudice of the West Indies ; but the Chief Commissioner of Customs had shown him that there were no grounds for such an

apprehension. Mr. Labouchere said that he restricted his observations to explaining the grounds upon which he made the proposition, as he un- derstood that Members opposite did not mean to discuss the question that night. He concluded by announcing, that it was the intention of Government to abolish, by an Order in Council, the discriminating duties on East Indian and British or British Colonial produce and manu- factures, by which the former were excluded from the markets of Ceylon and Australia, as soon as the duties imposed in Ceylon had undergone some necessary alterations.

Mr. EWART and Mr. HUDIE expressed a regret that Mr. Labouchere had not done more in the removal of restrictions ; and Mr. Hoc° claimed further relief for India. Mr. GOULBURN said that the propo- sition had taken him by surprise: it was most important as affecting the feelings of the inhabitants of the East and West Indies and the great question of slavery. He asked whether Mr. Labouchere pro- posed to act according to reciprocity, and to place West Indian upon the same footing as East Indian produce, in those colonies where the latter enjoyed an advantage ? Mr. LABOUCHERE replied in the affirma- tive. Mr. O'CosteELL gave notice, that on Monday he should call the attention of the House to the fact that East ludian sugar was a slave produce ; and to the conduct of the East India Company in not passing certain regulations to put a stop to slavery, as they were bound to do by act of Parliament. And Dr. LUSHINGTON announced his intention of bringing forward a motion for the abolition of slavery in the East Indies, founded on certain papers for which he should ask Sir John Hobhouse. Mr. Labouchere's motion was agreed to.

SOUTH AUSTRALIA.

On the motion of Lord Joni; RUSSELL, a Committee was appointed on Thursday, to consider the Acts relating to South Australia— Although he used the term "acts" in framing his motion, yet be by no means wished to limit the objects which would engage the attention of the Committee to the mere subject of the legislation that had taken place in regard to that colony. On the contrary, Ile 1,ropcned that the Committee should extend its inquiries to the whole condition of that colony. It must be in the recollection of the House that the colony had been founded upon principle. rather unusual, and in his opinion highly objectionable : there was a division of authority between the Crown and certain Commissioners in some sort con- nected with the Crown. The result of this was, that the Colonial functionaries conceived themselves to hold office under two distinct authorities. Captain Hindmarsh, a gentleman of high character, and who had been recommended for another government, experienced the utmost difficulty in maintaining any thing like sound or efficient control, sod the whole colony was in a state of complete disorganization. There was nothing in any department which ap- proached to order or subordination. In 18:39, the financial difficulties became extreme • and it was found that the expenditure amounted in the last quarter to 3.4,0041/., and that the average expenditure of the year was not less than 110,000/., while the real bond fide revenue did not exceed 20,000/. No doubt, there were considerable sales of land ; and though money could be borrowed on the security of the anticipated advantages of those sales, yet the existing condition of the colony was clearly not such as Parliament ought to sanction. Bills had been drawn by the Governor, and at first view it was doubted whether the advisers of the Crown ought to sanction their payment; but, having consulted with the Chancellor of the Exchequer, they thought it best not to expose the inhabitants of the colony to the disappointment and distress which the non-payment of those bills might occasion. He anticipated that Parliament would not object to a loan, founded upon the security to which he had just referred, to meet the emergency. His impression was, that the acts relating to this colony must undergo material alteration. The effect had been to increase the expense and fetter property.

Lord MAHON recommended investigation into the state of other co- lonies besides South Australia. He instanced Van Diemen's Land as one in which great dissatisfaction existed, particularly as regarded the employment of convict-labour. The susia•zsion of the convict assign- ment system had occasioned a scarcity of labour, which threatened those colonies with great distress, and even with famine.

Lord STANLEY objected to delegating the powers of Governs. ' a Committee, excepting in extreme cases. He hoped the whole st. '-

was not to be thrown loose before the Committee without some sug- gestions from the Government to regulate their proceedings.

Lord Joust RUSSELL replied, that as the colony of South Australia was not established by the Crown, but by act of Parliament, examina- tion before a Committee of the House of Commons seemed to be the most proper mode of ascertaining the operation of the act. The Under Colonial Secretary would state to the Committee those points to which it was necessary to attend, and also what were the general views of the Government on the question.

With regard to the question of the noble lord (Lord Mahon) on the sub- ject of transportation, he did not think Van Diemen's Land was an unfit place

to which to transport convicts, nor did he think the system of convict labour was of itself objectionable; but the system of assignment, as he bad heard it described by Sir Richard Bourke and by many witnesses before the Select Committee of the House of Commons, who were almost unanimous on the sub- ject, was as nearly as possible a system of slavery, and liable to all the abuses of that system.

UNION OF THE CANADAS.

In reply to Sir ROBERT PEEL, Lord Jou:: RUSSELL said that it was the intention of the Governor-General of Canada to proclaim the Union at the end of January or the beginning of the present month ; or, at all events, in sufficient time to render it unnecessary to issue writs for the assembling of the Legislature of Upper Canada.

PRINCE ALBERT AND THE REPEAL ASSOCIATION.

Captain Ponnix, on Tuesday, repeated his question, whether the Government were aware of the letter addressed to the Secretary of the Repeal Association in Dublin, on behalf of Prince Albert, thanking that body for an address of congratulation ? Lord JOHN RUSSELL said, be had seen the letter in the newspapers, but he had not thought it necessary to make any inquiry on the subject.

LORD CARDIGAN'S TRIAL.

On Monday, Lord SHAFTESBURY presented the first report of the Committee appointed by the House of Lords to inspect the journals of the House respecting the trials of Peers. It recommended that the trial of Lord Cardigan should take place at the bar of the House on Tuesday the 16th February ' • and that all the Judges be summoned to attend. An address to the Queen was agreed to praying that direc- tions might be given to fit up the House for the trial.

The Earl of Sizes-mainly, on Thursday, brought in a further report from the Committee appointed to inspect the journals of the House upon former trials of Peers in criminal cases ; which stated the total number of seats that could be provided at the trial to be 640 ; and also contained. certain regulations as to the delivery of tickets of admission, and other similar matters.—Report agreed to.

On Tuesday, Lord Cardigan, on the motion of Lord Smarms- BURY, was ordered to be taken into custody. He appeared at the bar in custody, but declined saying any thing. The indictment preferred at the Central Criminal Court was then, in pursuance of a writ of certiorari, returned to the House of Lords. Lord SHAFTESBURY moved that Lord Cardigan be admitted to bail. The motion was agreed to ; and two sureties were bound in 5,000/. each, and Lord Cardigan in 10,000/. to appear when ordered to attend. The sureties were Lord Cardigan's brothers-in-law, Mr. H. B. Baring and Mr. H. C. Sturt. The usual arrangements for state trials were then agreed to, in strict conformity with previous precedents ; except that the trial was to take place at the bar of the House, instead of Westminster Hall.

NAVAL OPERATIONS ON THE SYRIAN COAST.

In the House of Lords, on Thursday, Lord MINTO moved the thanks of the House to Admiral Stopford, Commodore Napier, and the cap-

tains and officers of the fleet under their command during the opera- tions conducted on the coast of Syria, and particularly for the decisive attack on St. Jean d'Acre. In making this motion, he alluded to the cavils as to the supposed degeneracy of the naval service, to which the recent orations in the Mediterranean gave a triumphant answer. Lord COLCHESTER, the Duke of WELLINGTON, the Earl of HARDWICKE, and Lord firm, concurred in the tribute of praise on the officers and men employed— The Duke thought it his duty to warn their Lordships on this occasion, that they must not always expect that ships, however well commanded, or however gallant their seamen might be, were capable of commonly engaging successfully with stone walls. The present achievement be considered one of the greatest deeds of modern times. (" Hear, hear ! ") That was his opi- nion, and he gave the highest credit to those who had performed such a service. It was altogether a most skilful proceeding.

CHURCH-RATES.

Lord BROUGHAM, in presenting a petition from Leicester against Churcu-rates, asked Lord Melbourne whether it was the intention of Government to propose any measure on the subject this session ? Lord MELBOURNE'S reply was—" It is not in my power to announce any such intention." Being again pressed by Lord BROUGHAM to say whe- ther this alluded merely to his present intention, his Lordship said—" I am unable now to announce any such intention." Lord BROUGHAM aid he was sorry he must take the answer in the negative.

REGULATION OF RAILWAYS.

Mr. LABOUCHERE moved, on Thursday night, for leave to bring in a bill for the better regulation of railways. The main principle of the bill he described to be, to increase the safety of railway travelling— He was aware that by injudicious interference they might increase the evil they attempted to remedy ; that by taking away all power of control from the directors of the railway companies, and by minute interference with their particular province, they would attempt to do what Government could perform very inadequately, and the directors of railways much better : but upon some points the directors of railways were themselves of opinion that Government could interfere beneficially. There had been a great deal of exaggeration, owing to the panic created by the accidents; but on the whole, no mode of convey- ance was so safe as railways. Considering the dreadful nature of the accidents, however, it was not at all wonderful that a great impression should be made upon the public mind; and it was for the interest of railway companies that the public should be satisfied by means being taken to diminish the chance of accidents ; and he was 'convinced that measures might be taken, with- oat materially interfering with railway companies, to mike travelling on rail- roads safer than it was at present. The powers he was about to ask were of a very general nature, and he was to take upon himself their responsibility. He could not take less powers without crippling the efforts of Government, and rendering its interference of no avail to the public.

He referred to a Report which had been presented by the Railway Board of the Board of Trade, the principal recommendations of which it was proposed to carry into effict. The Report recommended that the Government interference should not extend to questions of an experimental nature, in which difference of opinion existed among experienced men, but should be confined to enforcing those regulations which were generally admitted to be requisite. Among these were— The propriety of introducing upon every railway such arrangements respect- ing time-tables and signals as experience has shown to be necessary for pre venting collision, of establishing a proper and uniform code of regulations for engine-drivers, guards, and other servants placed in a responsible situation, and for maintaining strict discipline, and generally of introducing upon all rail- ways whatever has been adopted and proved to be conducive to safety by the practice of those which are considered to be the best conducted.

Another point of great importance was the licensing of engine- drivers. It was an anomalous state of things that a cab-driver should be required to have a licence before he was declared competent to drive his vehicle, whilst engine-drivers should be unlicensed. He proposed, therefore, that every engine-driver should be required to have a licence, of which he should be deprived for misconduct. As the House last year refused to invest the Government with so mach power as they sought, it was not their intention now to ask for so much.

Colonel SInTHORPE designated railroads as " public frauds and rob- beries"; but he was alone in this sentiment. After a few general com- ments on the necessity of proper regulations for railways, the bill was brought in and read a first time. The second reading is fixed for the 12th instant.

DEPOSITS ON PROPOSED RAILWAY BILLS.

Mr. H. HINDE moved, on Thursday, for an alteration in the standing order respecting railway bills, which requires one-tenth of the amount subscribed to be deposited in the Court of Exchequer : he proposed that ...ne-twentieth part should be substituted. He contended that the order as it now stood operated injuriously as a check upon a most im- portant system of commercial enterprise. Mr. LABOUCITERE opposed the motion. He expressed his desire to encourage the development of the railway system so long as the speculations were of a bond fide cha- racter; but he did not believe that so small a deposit would act as an obstacle to the execution of any undertaking which could be safely re- commended to the public, while it formed a salutary check upon those gambling schemes which had inflicted so much injury upon the country. Mr. WARBURTON and Mr. BROTHERTON opposed the motion; and after a short conversation, it was rejected, by a majority of 144 to 15.

MISCELLANEOUS.

COPYHOLDS ENFRANCHISEMENT. On Thursday, Lord REDESDALE brought in his bill for the enfranchisement of copyholds ; which was read a first time.

Cams!. PuNnsaMmeT. Mr. Fox MAME announced, on Thursday, that it was the intention of Ministers to bring in a bill for the further abolition of the punishment of death in certain cases. NEW MEMBERS. Colonel FERGUSON, for the Kirkcaldy Burghs, took his seat on Tuesday ; and Mr. GransrONE, for Walsall, took his seat on Thursday.

NEW Warr. A new writ was ordered, on Wednesday, for St. Alban's, in the room of the Honourable E. H. Grimston, who has accepted the Chiltern Hundreds.