10 MARCH 1855, Page 2

litimito and Vturrthingo in Varlinnuut.

'PRINCIPAL BUSINESS OE THE WEEK.

HOUSE or Loans, Monday, March 5. Royal Assent to the Consolidated Fund 3,000,0001. Bill, and the Consolidated Fund 6,000,0001. Bill—Education in India; Lord Monteagle's Motion.

Tuesday, March 6. Recall of Lord Lucan ; Lord Raglan's Letter—Roman Catholic Processions; Bishop of Exeter's Motion.

Thursday, March 8. Leave .to the Duke of Cambridge, Lord Cardigan, and Lord Hardinge, to give evidence before the Committee of the House of Commons on the Army before Sebastopol.

Friday, March 9. Ticket-of-leave System ; Lord St. Leonards's Statement— Colonial Secretaryship ; Lord Derby's Question.

House or COMMONS. Monday, March 5. Army Organisation ; Mr. Rich's Mo- tion—Supply; Ordnance Estimates—Tea-Duties Suspension Bill read a second time —Ecclesiastical Courts Bill committed.

Tuesday, March 6. New Writ for Portsmouth—Army Authorities.; Mr. Hutt's Question and Lord Palmerston's Answer—Caffre Frontier; Sir George Grey's State- ment—Recorder of Brighton; Mr. Craufurd's Motion-" Count out.'

Wednesday, March 7. Public Libraries ; Mr. Ewart's Bill committed—Judgment Executions, &c.; Mr. Craufurd's Bill thrown out—Secretaries and Under-Secreta- ries of State (House of Commons) Bill committed.

Thursday, March 8. Public Schools and Universities ; Mr. Heywood's Motion— Stoppages for Wages; leave to bring in a bill refused—Sir Charles Napier's Case ; Mr. 31 alines Motion—Purchasers' Protection against J nd gmentr; Lord St. Leonard ell Bill committed—Tea-Duties Decline Suspension Bill read a third time and passed —Mutiny Bill read a third time and passed—Secretaries and Under-Secretaries of State Bill read a third time and passed. Friday, March 9. New Wnt for Tamworth—Supply; Ordnance Estimates— Lunatic Asylums (Ireland) Advances Bill read a second time—Marine Mutiny Bill read a third time and passed—Ecclesiastical Courts Bill read a third time and p6ssed.

TIME- 'EARLY'

The Lords.

The Commons, .Hour of flow of

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Monday ....

Meeting. Adjournment.

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Tuesday.

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Tumday

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Wedneadly No sitting.

Wednesday

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Thursday. ...... flit .... en Om

Thursday 45 .(m) 12h 20ra

Friday

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Friday Sh .... 115 Om

ORDNANCE ESTIMATES.

Mr. Moxszrz, in Committee of Supply, moved the Ordnance Esti- mates; describing, first the supplemental estimate, previously voted, and next the regular vote for the ensuing year. In doing this, he ex- plained a variety of matters, especially connected with the supply of arms and munitions of war. Among the items in the supplemental es- timate, was 26,0004 for the factory for the manufacture of Lancaster shells. In the first instance the Lancaster shells cost 61. each : they had not then been sufficiently tested to warrant the erection of a large fac- tory. But Lord Raglan transmitted an extremely satisfactory report from Colonel Lake ; and, after consultation with Mr. Nasmyth, the Go- vernment adopted his suggestion and determined to erect a factory at Woolwich. In two months that factory was erected'; it is producing 60 shells per day, and will shortly produce 100 ; which, instead of costing 6/. per shell, only cost 11. 16s. 2d. There is also an item of 55,0001. for the gun-factory at Enfield. After the sitting of the Small Arms Com- mittee of last year, which recommended a factory on a limited scale as an experiment, Colonel. Burn, Captain Warlow, and Mr. Anderson, were sent'to America, and -authorized to spend 10,0004 in machinery. But the results of their investigation were so satisfactory that they were au- thorized to spend 17,0001. It was then resolved to erect a factory at En- field capable of producing 50,000 muskets -per annum, because the same quantity of machinery would be required for 25,000 as for 60,000. The total cost of the erection of this factory will be 44,0004 ; and it will begin to work in July next.

Coming to the general estimates, Mr. Afonsell stated that there is an in- crease over last year of 103,4931. iu the vote for barrack supplies ; of 19,6041. for ordnance establishments; of 81,027/. for wages; of 543,6004

for small-arms ; of -454,6794 for barracks ; and of 38281. in the scientific branch. There is a diminution of 16,336/. in the amount asked for the new factory at Woolwich, which arose in this way. In May last shells were very deficient. Mr. Monsell consulted Captain. Boxer ; who under- took to meet the difficulty, if machinery costing 70004 were erected at Woolwich, and to save that sum in six months. The factory was con- structed, and in one week it saved 12001. ; and whereas in May last there were only 4398 .shells in store, there are now 10,886. Still the supply does not come up to the demand. The price, too, has unaccountably risen - for, after making allowance for the increase in the price of iron, in freight, and in labour, the rise in the cost of eight-inch shells per ton— from 71. 8e in 1852, to 131. 16s. in 1855—leaves 41. 17e. 11d. unaccounted for. It has therefore been determined to establish a foundry at Woolwich. In these days of discovery it is inexpedient to have large stores which some new invention may rendes. useless ; and therefore, as a matter of economy, it is of great importance to have establishments where large quantities can rapidly be produced when required.

The debate turned mainly on the small-arms question, as between the Birmingham manufacturers and the Government ; but there were some other matters mixed up with it. Sir Josaru Pexxorr complained that the tender for the 'erection of huts for 20,000 men at Aldershott bad only been issued on the 22d January, yet that 'the huts were expected to be-• ready'by the 15th March. It is impossible that they can be completed in that time. It would be impossible even-to supply the materials ; -nor is there in the country enough wood of the description required to make half the huts. It was the same with regard to the bricks for the foundations ; there was not time enough to obtain them. Mr. LAYARD complained of many things,—the badness of the shells sent to the Crimea ; the imperfection of our engineering operations ; the establishment of a hospital at Smyrna, an unhealthy site • the appointment of General Vivian to the command of the Turkish contingent ; and the arrangement for the Turkish contingent itself.

The case of the Birmingham gunmakers was advocated by Mr. Morris,

Lord SEYMOUR, and Mr. NEWDECIATE. Their allegations were, that the gunmakers are so embarrassed by the mode of business adopted at the Ordnance Office, that they cannot furnish the requisite supply. The patterns and materials are not supplied until months after the order is given. How' under these circumstances, can contracts be completed in time ? With fair play, Birmingham could produce 100,000 muskets in the year. Mr. MONSELL said that the delay in sending the patterns had arisen because it required some time to consider the changes suggested by Mr. Westley Richards, Mr. Newdegate's great authority. The contract- ors do not complain. When it is said that the Enfield factory will dis- courage private trade, he replied, that he had told the tirmingbam makers that the Government will take all they can produce. Lord PALMERSTON expressed his surprise that hostility should be dis-

played against the attempt of the Government to secure a supply of small- arms, at a moment when they are so deficient that the Irish Militia are doing duty with broomsticks ! He trusted the House would not allow the country to be made the victim of local interests and of particular branches of trade. We want all the arms that Birmingham can affivd, and we have been obliged to go to Liege and America for an additional supply. On the first item, 1,406,8834 for Commissariat and Barrack supplies, &c., Mr. Munrz moved as an amendment that it should be reduced by 15,0001. This amendment was negatived by 170 to 34. On the vote of 2,792,3481. for Ordnance stores for the land and sea services, Mr. Muem moved that it should be reduced by 40,0001., the amount of the charge for the small-arms factory at Enfield. This was negatived by 110 to 24.

The Committee also agreed to votes of 22,346 officers and men. for Ord- nance Military Corps ; and the sum of 117,8331. for the pay, allowances, and contingencies for the above 'force.

MILITARY EDUCATION.

On the motion for going into Committee of Supply on the Ordnance Estimates, Mr. Rica moved that measures should be taken for promoting the efficiency of our military academies and other established provisions for preparing officers for regimental and staff appointments. While our, Sittings this Week, 4 ; Time, on tom this Session. 31; — 615 Ins Sittings this Week, 6; Time. 32h 45,n this Session. 39; — 204h Om military service has met with frequent misfortunes, the naval service has experienced almost unbroken success. The reason is, that naval officers are specially educated, and make the service a profession. Why cannot that course be followed in the Army ? Our only school of arms is in In- dia. To insure profit at school, same incentive in the shape of reward must be held out : but instead of this, we appoint men on the. Staff with- out any military quality whatever ; these unfit men get promotion, and become our future leaders ; hence disaster. More young men are not educated at the Military College for commissions, because that would di- minish the patronage of the Horse Guards. Outof 1269 commissions sold, or given away by favour, during the last seventeen years, one-half have been given to persons who had no intention of following the army as a profession. In France, officers am employed for eight years in every branch of the service before they are placed on the staff. But in our ser- vice, excellence in carving, in writing invitations, in talky; agreeable stories, and in singing a good song, are the qualifications required. We should adopt the common sense rule of making men fit for employment in the army, as we do in the other business of life. Captain SCOSELL seconded the motion. Mr. PEEL said, there can be no doubt that education increases the re- sources of an officer and fits him better for the exigencies of the service. But the standard must not be too high, otherwise the services of many com- petent persona would be lost to the country. The institutions at present in existence were not intended to supply the want Mr. Rich lamented. The reason why there are not more cadets at Sandhurst is because the House of Commons reduced the number. The best officers are made of men who have passed through public schools and the Universities. With re- spect to a distinct Staff corps, Government are sensible of the importance of the question, but it requires mature deliberation.

Colonel Drawn -said, that study and knowledge-are no passports to Staff appointments ; that is why we have no good staff-officers. Too much reliance must not be placed on academies. Every man who has received the education of the son of a gentleman can educate 'himself for the military profession.

Lord PALMERSTON observed, that.2n epplyii4 tests they should select those that are peculiar to the employment. The attainments of a good officer are not those of a learned professor ; the qualities that make a great general must be inborn : on the other hand, it is important that officers should " keep their minds, as it -were, going" ; and not only Should a test b6 applied on their entrance into the service, but they should be made to understand that perfecting themselves in the know- ledge of those matters essential to the profession is necessary to enable them to attain the position to which they aspire.

- Motion withdrawn.,

ARMY ADMINISTRATION.

On Monday, Mr. Herr put a question to Lord Palmerston which he dexterously evaded. But on Tuesday Mr. Hutt repeated his question in a form which elicited an answer. He said— "As the noble Lord evaded my question yesterday with one of his good- humouredjokes, I beg to repeat it. Seeing, by official correspondence, that when the Duke of Newcastle found it necessary to recall Lord Lucan from the command of the British cavalry in the Crimea, he was compelled to ob- tain the interposition of Lord Hardinge for that purpose, I beg leave to ask the First Lord of the Treasury, whether, among the improvements in the administration of the Army which he promised to the House on his accession to office, he proposes to empower the Secretary for War to effect such changes without the intervention of the Horse Guards? "

Lord PALMERSTON replied— "-Now that. I understand the full bearings of the honourable gentleman's question, I will give him a complete answer. No change is intended to be made in the military subordination of the Army. Therefore, the Comman- der-in-chief is the authority whose orders and directions will either appoint or withdraw any of the Staff. The action of the Commander-in-chief is necessarily subjected to the decision of the Government in matters of im- portance, and that decision will be communicated to the Commander-in- chief by the proper official."

Loan Lucas's Rztaim.

From his place in the House of Lords, on Monday, the Earl of LIIOAN, saying that he rose to read a document he had received from her Ma- jesty's Government, began to make a statement respecting the Balaklava charge; but he was called to order. He then said he should make no comment, but move for-the production of papers. From the conversa- tion which ensued it appears that Lord Iknmure, seeing that Lord Lucan had read, on the preceding Friday, an incomplete correspondence, had supplied him with a copy of a despatch From Lord _Raglan to the Duke of Newcastle respecting the charge of the Light Cavalry at Balaklava. Lord Lucan now said that the correspondence he had read was incom-. plete because he did not know of the existence of this document; which he proceeded to read.

" Before Sebastopol, Dec. 16,1851.

" My Lord Duke—I regret to be under the necessity of forwarding to your Grace the copy of a letter which has been addressed to me by Lieutenant- General the Earl of Lucan. When I received it I placed it in the hands of Brigadier-General Airey, the Quartermaster-General, and requested him to suggest to his Lordship to withdraw the communication, considering that it would not lead to his advantage in the 'slightest degree ; but, Lord Lucan having deolined to take the step recommended, I have but one course to pur- sue—that of laying the letter before your Grace, and submitting to you such observations upon it as I am bound in justice to myself to put youin posses- sion of. Lieutenant-General the Earl of 'Liman complains that in my de- spatch to your Grace of the 28th of October I stated that from some mis- conception of the instruction to advance the Lieutenant-General considered that he was bound to attack at all hazards.' His Lordship conceives this statement to be a grave charge, and an'imputation reflecting seriously upon his professional character, and he deems it to be incumbent upon him to state the facts, which he cannot doubt must clear him from what he respectfully submits is altogether unmerited. He has referred to my despatch, and, far from being willing to alter one word of it, I am prepared to deolarethat not only did the Lieutenant-General misconceive the written instruction that was sent him, but that there was nothing in that instruction which called on him to attack at all hazards, or to undertake the operation which led to ouch a brilliant display of gallantry on the part of the light brigade, kutel, unhappily, at the same time occasioned such lamentable.casualtiesin every regiment composiag it. In his Lordship's letter he is wholly silent with respect to a previous order which had been sent him. He merely says that the cavalry was formed to support an intended movement of the infantry. That previous order was

in the following words The cavalry to advance and take advantage of any opportunity to recover the heights. They will be supported by in- fantry, which has been ordered to advance on two fronts.' This order

did not seem to me to have been attended to, and therefore it was that the instruction by Captain Nolan was forwarded to him. Lord Lunen must have read the first order with very little attention, for he new states that cavalry was formed to support the infantry, whereas he was told by Brigadier-General Airey that the cavalry was to advance and take advantage of any opportunity to recover the heights, and that they would be supported by infantry'—not that they were to support the infantry ; and so little had he sought to do as he had been directed that'be had no men in advance of his main body, made no attempt to regain the heights, and was so little informed of the position of the enemy, that he asked Captain Nolan where and what he was to attack, as neither enemy nor guns were in sight.' This, your Grace will observe, is the Lieutenant-General's own admission. The result of his inattention to the first order was, that it never occurred to him that the second was connected with and a repetition of the first. He viewed it only as a positive order to attack at all hazards (the word attack,' be it observed, was not made use of in General Airey's note) an unknown enemy, whose position, numbers, and composi- tion he was wholly unacquainted with, and whom, in consequence of a previous order, he had taken no step whatever to watch, I undoubt- edly had no intention that he should make such an attack—there was nothing in the instruction to require it—and therefore I conceive I Was fully justified in stating to your Grace what was the exact truth—thht the charge arose from the misconception of an order for the advance, which Lord Lucan considered obliged him to attack at all hazards. I wish I could say, my Lord Duke, that, having decided against his conviction to make the movement, be did all he could to render it as little perilous as possible. This, , indeed, is far from being the case, in my judgment. He was told that the Horse Artillery might accompany the cavalry. He did not bring it up. Ile was informed that the French cavalry was on his left. He did not invite their cooperation. He had the whole of the heavy cavalry at his disposal. He mentions having brought up only two regiments in support, and he omits all those precautions either from want of due consideration or from the sup- position that the unseen enemy was not in such great force as he appre- hended, notwithstanding that he was warned of it by Lord Cardigan after the latter had received the order to attack.

" I am much concerned, my Lord Duke, to have to submit these observations to our Grace. I entertain no wish to disparage the Earl of Lump in your opinion, or to oast a slur upon his professional reputation ; but, having been accused by his lordship of having stated of him what was unmerited in my despatch, I have felt obliged to enter into the subject, and trouble your Grace at more length than I could 'have wished in vindication of a re- port to your Grace in which I had strictly confined myself to that which I knew to be true. I had indulged in no observations whatever, or in any expressions which could be viewed either as harsh or in any way grating to the feelings of his Lordship.

" I have &c.,

RA Lord Lucan then read a letter from the Adjutant-General, dated dlMar'ch 5, informing him that, " after a careful review of the whole correspond- ence," Lord Hardinge could not recommend to her Majesty that Lord Lucas's conduct should be investigated by a court-martial; and a letter from himself to the Adjutant-General, stating that as the charges involved in Lord Raglan's despatch were " new " and "grave," he was com- pelled to express his wish that Lord Hardinge should reconsider his de- cision, and consent that Lord Luean'a conduct on the 25th October should be investigated by a court-martial.

Lord Parraruan explained, that he had only withheld the correspond- ence until Lord Lucan should have reached England ; and that he had that night brought it down to lay on the table.

SIR Crcentirs Nannies CASE.

Mr. Mannis took an unusual course on Thursday night. He called attention to the recent naval operations in the Baltic, and moved for a copy of any correspondence that had passed between the Board of Ad- miralty, or any member of the Government, with Sir Charles Napier, since the 20th of December last. The object of the long speech with which Mr. Molina accompanied his motion, was to show that Sir Charles Napier had been ill-used, and to prove that Sir Charles had been cen- sured and dismissed from his command. In doing this, he made a large use of a "private correspondence" which bad passed between Sir Charles Napier and Sir *James Graham, and which had been supplied to him-by Sir Charles himself. His main allegations were, that the conduct of Sir Charles had met with the unqualified approval of the Admiralty up to the 24th September; that subsequently Sir Charles had been goaded to attack Sweaborg, at a season when the weather could• not be depended on for two hours at a time, and when the French fleet had departed ; that on the 10th October Sir Charles tendered his resignation; that an "angry correspondence" ensued ; and that when Sir Charles returned he was ordered " to strike his flag and come ashore."

Sir THOMAS HERBERT seconded the motion.

Sir JAMES GRAHAM commented severely on the conduct of Mr. Malins, in making a lawyerlike use of a brief held for Sir Charles, reading " gar- bled extracts" from documents that could not be produced, and from private letters without the permission of the writers. Sir James COM- plained that he should be called upon to defend himself with his hands. tied : for he had brought no papers, and his fidelity to the public service would not permit him to disclose confidential correspondence respecting naval operations only suspended during the winter, to be carried out in the epring. Sir Charles had not been urged to attack Sweaborg except in accordance with his own plans, at the time he should select, and " at his own discretion." Upon "the whole," Sir James had approved of the discreet conduct of Sir Charles in his command ; but his language in ad- dressing the Admiralty was " turbulent and insubordinate," and could not be submitted to ; nor could the course he had subsequently pursued be passed over without animadversion. The course taken by the Adnu- ralty in what was called the " dismissal" of Sir Charles was only in accordance with precedent. Admiral Wor,corr said that Sir Charles Napier was dismissed in a curt way, " but then the Admiralty deals in curt ways." He thought that some mark of approbation should have accompanied the order to strike his flag. Sir CHARLES WOOD said, he had never witnessed a course similar to that pursued by Mr. Malins, and he must protest in the strongest man- ner against it. It is impossible, consistently with the interests of the public service, to produce papers discussing the possibty WI d the mode pro-

of attacking certain fortresses in the Baltic, just as a fleet is about to pro- ceed to the Baltic.

Mr. MILNER GIBSON, Mr. WHITESIDE, and Mr. °TWAY, following closely in the track of Mr. Malin!, and making use of the confidential papers placed in their hands by Sir Charles Napier, supported the motion. Surely some despatches, or extraota of despatches, could be produced, that would throw light on the complaint of Sir Charles Napier, without injuring the public service. On the other hand, Mr. COWPER and the ArronstEir-GEREasE supported the Government view. At length, after much speaking, Lord PALMERSTON brought the debate to a close. He said he must vote against the motion ; but he should be sorry to think, admiring as he did the professional and personal character of Sir Charles Napier, that ho stood in the position of a man who had been censured and dismissed. Sir Charles had rendered important service in the com- mand of the Baltic fleet ; and nothing which occurred last year in the slightest degree diminished the high character he had previously attained in the service of his country.

Mr. Mamas, at the suggestion of Sir Joust WALSH, and having ob- tained this recognition of Sir Charles's merits, withdrew the motion. ROMAN CATHOLIC PROCESSIONS.

The Bishop of ExErna moved for copies of the opinions taken of the Irish Law-officers of the Crown in 1852, and in 1854, relative to the construction of the Roman Catholic Relief Act; and also a copy of a proclamation by her Majesty bearing date 15th June 1852, warning Ro- man Catholic ecclesiastics of the unlawfulness of wearing their eccle- siastical habiliments except in places of worship. In 1852, a Roman Catholic Bishop in Galway called upon his clergy to join a procession in their sacerdotal habiliments. The Lord-Lieutenant took advice, and in- timated to the Bishop that the course he proposed would be illegal ; and the

Bishop abstained. In 1854, the Roman Catholic Archbishop at Tuam held si Synod, his clergy wearing their robes of office. In consequence, ques-

tions were put to the Irish Law-officers and the English Law-officers. In 1852 the Law-officers of both countries agreed that the act alluded to was illegal ; but in 1854, it appears, a doubt arose on the subject ; the Irish Law-officers were not unanimous in their opinion as to the ille- gality of the act. Now, that doubt ought to be settled. The rule of law is that statutes shall be "strictly" construed,—that is, according to " the plain, literal, and grammatical meaning of the words in which they are expressed." The words of the 26th section of the 10th George chapter 7, are these. "And be it further enacted, that if any Roman Catholic ecclesiastic, or any member of any of the orders, communi- ties, or societies hereinafter mentioned, shall, after the commencement of this act, exercise any of the rites or ceremonies of the Roman Catholic re- ligion, or wear the habits of his order, save within the usual places of wor- ship of the Roman Catholic religion, or in private houses, such ecclesiastic or other person shall, being thereof convicted by due course of law, forfeit for every such offence the sum of 50!." The Bishop argued at great length,—supporting his view by reference to an earlier statute, and appealing to Lord Lyndhurst, who framed the act of 1829,—that by the grammatical sense of the words, punishment was incurred

by the commission of the offence either by an ecclesiastic who belonged to an" order " or one who belonged to no order at all. But it was contended

that the offence of exercising any of the rites or ceremonies of the Roman Catholic religion applied only to the Roman Catholic ecclesiastic who had no habits of an order ; and that the words " wearing the habits of his order,

save within the usual places of worship" applied only to the member of an order. If the law is to be enforced, it should be known upon what author- ities we are to rely.

Lord LYNDHURST said that the appeal of the Bishop had placed him in a difficult position. It is possible the construction of this act may come judicially before the House, and a Law Lord ought not, under such cir- cumstances, to pronounce a final opinion. He would state the case, and leave the House to draw its own conclusion.

In 1852, the Law-officers of England and Ireland were unanimous in the construction they put upon the statute, and a proclamation was issued against the proceedings in question. But in 1855 the Law-officers are divided in opinion. No man will dispute the maxim that a penal statute must be strictly construed ; but there is another maxim, that it should be construed according to its grammatical construction, unless that construction leads to some inconsistency, or is obviously at variance with the object of the statute. "Let us consider for a moment what is the grammatic construc- tion of this clause. The words of the clause are shortly these. 'If any ecclesiastical person professing the Catholic religion, or any member of a religious order '—shall do what ?—' shall exercise any rite or ceremony of the Roman Catholic religion, or wear the habits of his order, except in cer- tain places, he shall be subject to a penalty.' What is the grammatical construction of that clause ? We must consider the operation of the word, or,' and I submit the construction is this,—if any ecclesiastic of the Ro- man Catholic religion shall perform any rite or ceremony of that religion, or wear the habits of his order, except in certain places, he shall be subject to a penalty ; or if any member of a religious order shall perform any rite or ceremony of the Roman Catholic religion, or wear the habits of his order, except in certain places, he shall also be subject to a penalty. That is the grammatical construction of the clause : where, then, is the difficulty ? Does not every man know that the ecclesiastics both of this country and of the Romish religion are divided into certain orders, distinguished from each other by their peculiar habits ? Are these not words sufficient to satisfy the grammatical construction I have pointed out ? If they are, there can be no inconsistency in enforcing it. No proposition can be more simple. Why, my Lords, different orders have been established in the Church from the tune of the Apostles. If you look in the Book of Common Prayer, you will find that in the preface to the ordination service it is expressly stated, that from the time of the Apostles different orders have existed in the Church. These orders, as mentioned in the document to which I refer, are the orders of deacons, of priests, and of bishops, all of them distinguished by different habiliments. If you look at the service for the ordination of deacons, you will find it expressly stated in one of the documents read on those occasions, that these orders were instituted by the Apostles, in consequence of Divine inspiration ; and it is stated, with respect to the order of deacons, that so distinguished an individual as the martyr St. Stephen belonged to that order. We therefore find that these orders existed from the earliest period—from the time of the Apostles—and that they were established by Divine inspi- ration. There is a similar document in the service for the ordination of priests, and the same thing is repeated in the service for the consecration of bishops. These orders are mentioned over and over again in the Canons, and they have been sanctioned and confirmed by act of Parliament. The statute of Elizabeth expressly states that no person shall belong to the order of deacons or priests unless he shall subscribe the Articles. What reason is there, then, for not adhering to the grammatical construction of the clause, no one being able to doubt for a moment what that construction is." The object of the act, which he had assisted in preparin_g, was to prevent all public displays which might increase irritation. "How imperfectly that

object would be attained if you were to confine its application to the mere appearance of monastic orders in the streets—how little feeling their ap- pearance would create whereas the ceremony which gave rise to this ques- tion is one of the most exciting and irritating that can possibly be conceived. It is described as a most gorgeous ceremony, the bishops being present in

pontifical habita of the moat splendid kind, with their mitres and crosiers; and yet you say that such a case does not come within the act, as it is con- fined solely to the monks. Is this the mode in which such an act ought to be construed ? We must consider what is the evil intended to be remedied, and what is the remedy provided." Having stated thus much, Lord Lyndhurst wished to clear himself from any impression his statement might have created as to the policy of enforcing the act. On that subject he said nothing ; he did not know enough of the state of Ireland to form a solid opinion one way or the other.

Earl GRAN-mix said that Lord Lyndhurst had, although he said he should not do so, given the strongest possible opinion upon the construc- tion of the law. There is no doubt that the Irish Law-officers were divided in their opinion on the question submitted to them • the English were not. But it would be contrary to precedent to produce these opinions.

The Lorin CHANCELLOR said, he felt the force of Lord Lyndhurst's remark, that it was difficult for a Law Lord to place a construction upon the penal clauses of an act that might judicially come before the House. He would follow the precept and not the example of Lord Lyndhurst. The Lord Chancellor then contended that there are good grounds for argu- ing that Roman Catholic ecclesiastics, wearing their habits in the streets, do not come within the purview of the act of Parliament. The word " orders" in the act does not mean the orders of "priests and deacons," but simply "monastic orders " ; and it is a question of fact whether a member of the monastic orders can "exercise " any ceremony of the Church of Rome. If they cannot, then the first nominative case can only apply to the first verb— namely, "exercise," and the second nominative case can only apply to the other verb, " wear."

Lord ST. LEONARDS enforced the construction implied by Lord Lynd- hurst.

The motion, except that portion referring to the proclamation, was withdrawn.

COLONY OF SOUTH AMU..

In reply to Mr. LIDDELL, on Tuesday, Sir GEORGE GREY said that no act of hostility had taken place at the date of the last despatches from the Cape of Good Hope. Considerable uneasiness and alarm were felt on the Eastern frontier as to the intentions of the Caffres and Fingoes, who were believed to be combining together with no very friendly object. The last accounts received by the Governor were of a more reassuring character ; and he was on the point of going to the frontier to hold com- munication with the Caffre and Fingoe chiefs, which it was hoped would, be attended with satisfactory results.

EDUCATION IN INDIA.

Lord MONTBAGLE, in moving for correspondence respecting education in India, called attention to the minutes recently issued by the late Pre- sident of the Board of Control. The object of his remarks was to show that the Natives will be subjected to great disadvantages under the new system of testing the proficiency of candidates for the civil service by marks. The course of the examination is so framed as to exclude the Natives. The total number of marks is 6875 ; of these, 2625 are to be given for proficiency in Greek, Latin, French, German, and Italian, while only 750 are to be given for proficiency in Sanscrit and Arabic ; and in such an examination Indians will not stand upon an equal footing with Europeans. Then 1500 marks are given in English, and all the exami- nations in history are to be in English history. He feared this system would practically exclude Natives. Lord ASHBURTON pointed out, that Sir Edward Ryan had remarked that in English composition, history, and literature, some Indian students surpassed English students; while in the study of pure mathematics the Hindoo is superior to the Englishman. There is no intention of excluding any candidates whatever. Lord AL- BEMARLE, concurring with Lord Monteagle, suggested that a certain num- ber of appointments should be placed in the hands of the Governor-General for the benefit of the Natives. Lord WYNFORD, taking the same side, said that it is absurd to suppose Indians will come ten thousand miles to avail themselves of any advantages they might derive under the act of 1853.

Earl GRasrvrLLE said, the object of the Commissioners was to obtain the ablest men. It is desirable that the number of Natives admitted to civil employments in India should be gradually increased. But if the examination were removed to India, the Natives would not have an op- portunity of showing that they possess that energy of character and moral courage so remarkable in the case of Mr. Chuckerbutty. He be- lieved that one if not more of the Natives of India will compete the very next year for the prizes offered.

Motion agreed to.

PUBLIC SCHOOLS AND UNIVERSITIES.

Mr. HEYWOOD moved that a Select Committee should be appointed "to inquire into the best means of affording to the nation a full and equal participation in all the advantages, which are not necessarily of an ecclesiastical or spiritual character, in- the Public Schools and Univer- sities of England and Ireland, and of improving the educational system in those great seats of learning, with a view to enlarge their course of instruction in conformity with the requirements of the public service." Mr. EWART seconded the motion.

Lord PALMERSTON opposed the motion. Commissions have inquired into and reported upon the state of the Universities of Oxford and Cam- bridge. A bill is in preparation for applying to Cambridge, mutatis mutandis, the improvements carried out at Oxford. The proposed in- quiry would be a waste of time, and would lead to no practical result. Motion withdrawn.

PUBLIC LIBRARIES.

The Wednesday sitting of the House of Commons was chiefly occupied with Mr. Ewart's Public Libraries and Museums Bill, in Committee. This measure extends the previous act from towns having ten thousand, to towns having five thousand inhabitants. Mr. Bum, at the outset, moved an amendment to limit the operation of the bill to towns of ten thousand inhabitants. But he met with no support, and withdrew his motion. Clauses 14, 17, and 18, touching the powers of borrowing of money, were postponed. On clause 19, empowering the Commissioners to appropriate, purchase, or rent lands, &c. under the act, Mr. HADFIELD moved that the words " with the approval of her Majesty's Treasury " besstruck out. The amendment was negatived by 64 to 25. In clause 22, Mr. EWART moved that the word "newspaper" be inserted after "books." Mr. SPOONER and Mr. WErrEsinE strongly objected to this amendment, which would make the libraries mere newspaper-rooms and " sedition-shops : " it was supported by Mr. HILDTARD, Lord STANLEY, and the ATTORNEIGENOBAL j and carried by 64 to 22. Sir RUSICINE PERRY moved that a proviso should be added to clause 22, to the effect that libraries established under the act should be " lending libraries." It was urged that the libraries hitherto established had become lending libraries, and that it had better be left to the managing bodies. The Committee took this view, and negatived the proviso by 49 to 32. A

n ew clause was added, to the effect that the provisions of the bill shall not extend to Ireland or Scotland ; and the bill passed through Committee.

JUDGMENT EXECUTIONS, &C. BILL.

Mr. Citeurtran moved the second reading of this bill, the object of which was to make judgments available throughout the United Kingdom. Mr. MACARTNEY, objecting to piecemeal legislation, moved that the bill be read that day six months. The SOLICITOR-GENERAL suggested that it should be referred to a Select Committee. Mr. Name's said that it had been referred to a Select Committee last session. The Arroarrzy-Gzsz- HAL said, he was not aware of that ; but if the Committee could suggest n o better bill, it had better be rejected altogether. Legislation by private Members is not desirable when the Government are endeavouring to sweep up all the statutes. Other Members expressed considerable objec- tion to the details of the bill; and the second reading was negatived by 89 to 18.

STOPPAGES FROM WAGES.

Sir HENRY Harzoan moved for leave to bring in a bill to restrain stoppages from wages in the hosiery manufacture. It was literally the same as the bill of last session. Mr. PACER Sir JOSHUA WALMSLEY, Mr. W. I. Fox, and Mr. NEWDEGATE, supported the motion : it was op- posed by Sir Groans GREY, Mr. Gennicza, Mr. BIGGS, and Mr. BARROW. On a division, the motion for leave was negatived by 96 to 58.

THE RECORDER OF BRIGHTON.

Mr. CRAUFUB.D moved for a Select Committee " to take into consider- ation the case of the appointment of Edwin James, Q.C. to the office of Recorder of Brighton ; the said Edwin James having been refused ad- mittance to the Bench of the Inner Temple, on account of his conduct in respect of certain transactions connected with the election for the bo- rough of Horsham in 1847."

Sir JOSHUA. WALMSLEY seconded the motion. The ArroaNzr- GENERAL defended the character of Mr. James.. The Benchers select members in the same way that men are elected to a club, by ballot, and it is monstrous to say that a man's professional advancement shall be marred because he is excluded in that way from the Inner Temple. With respect to Horsham, Mr. James, in his private capacity, became privy to a compromise; the Benchers had refused to take any cognizance of that matter sal.

Mr. GEORGE Burr, Mr. Arsinerox, and Lord Paiannuerow' also vindi- cated Mr. James. Sir Josnms WALMSLEY said, though he had seconded the motion " on the impulse of the moment," he should-vote against it. The motion was negatived ; and, on the motion of Mr. Derr, it was or- dered that nothing connected with Mr. Craufurd's resolution should be entered on the journals.

" COUNT Our."

Mr. Pzmarr was making a statement on Tuesday, as a preface to a motion for a Select Committee to inquire into the acts regulating inter- meats in parochial burial-grounds, proprietary and other cemeteries, when a Member moved that the House should be counted ; and as only thirty-seven were present, the House stood adjourned.

THE SEBASTOPOL INQUIRY.

The Committee began its investigation on Monday, in the Committee- room No. 17. All the members were present; and after the Committee had deliberated from twelve till one with closed doors, the public were admitted, and the room was crowded with eager auditors.

The first witness examined was Mr. George Dundee' formerly an offi- cer in the Rifle Brigade, now M.P. for Linlitbgowshire. He had been in the Crimea, unofficially, from the 17th to the 29th December ; and while at Balaklava he had visited the front every day, " weather per- mitting." His statements touched on a great variety of matters, which he had already stated in the House of Commons. The cavalry horses were picketed in the open air, without rugs, and dying of starvation. At first he was supposed to have said they had eaten each other's manes and tails ; but when the question was put distinctly, he said he had not himself seen the horses eating each other's manes and tails, but they looked as if they had suffered severely from hunger. The artillery horses were better off—" perhaps " they had sheds. There were some fifteen or twenty tons of bran in bags lying ashore at Balaklava, and trusses of hay floating about, he knew not why ; it might have come ashore after the wrecks on the 14th November. He did not know whe- ther the cavalry men had sufficient food, nor how they got it; they were in rags, and "seemed in a state of great dirt and misery." The infantry were " mostly in rags ": he " understood " that their rations were short • that half-rations were common ; that they had

no regular supplies re of rice, which is a specific for diarrhoea ; they were badly shod ; they had little fuel, while an abundance of wood, the debris of the Wrecks, was floating in and out of the harbour. The roads were very bad. The water at Balaklava was " very dirty," but there were no - dead bodies floating about. The graves in the burial-grounds were very - shallow, because of water in one, and the shallowness of the soil in - another. There was no regular pier ; the best pier was made of trusses of hay ; but the water was deep, and there were great facilities for landing from boats. The main street at Balaklava was muddy. The hospitals there were in better condition than he had " heard " they had been. He could not speak with certainty as to the state of the sick in the camp. The men would have been well supplied had there been facilities for getting up stores from Balaklava.

The second witness was Sir Do Lacy Evans, but a good deal of what he said was nearly inaudible. The scope of his examination extended to the movements of the army before they reached the Crimea. With re- spect to the encampment at Varna, he said there was great difficulty in finding healthy sites, in consequence of the want of water ; but, during the prevalence of cholera there, he only lost sixty men out of his own di- vision of six thousand. At the landing in the Crimea, the soldiers had the option of carrying their knapsacks. The tents were not taken on the march, because means of transport could not be found. With respect to the road down from the heights to Balaklava Mr. Roe- buck asked, Could not a certain number of men have rendered it secure ?"

General Evans—"I think if a thousand men had been employed upon it for about ten days, they could have rendered it practieable." Mr. Roebuck—" Then why was that not done ? " General Evans—" The men could not be spared, as they were so over- whelmed with work in the trenches. I think, now, it would have been as well if they had been employed on the roads : but it is much easter to form an opinion after than before."

As to the food of the men, General Evans said—" There were difficulties ; but there was constantly a great pressure from the want of means of trans- porting it, and there were contests besides among the parties in charge of the Commissariat department. Those contests arose in consequence of the persons who were sent out being utterly incompetent for their duties. They might be very good clerks in the Treasury, but they knew nothing about the duties of the Commissariat department. So great were the differences among them, that I was compelled to write to the Commander-in-chief ; and ono by one they were removed. I believe one died from disappointment at his removal." The Commissariat ought to be removed from the civil, and placed under military authority.

General Evans repeatedly attributed the loss of men chiefly to "over- working beyond all proportion." "There was a difficulty in getting the stores at Balaklava ; which arose from no person being there to sign the necessary documents; and those forms were rigidly observed."

Sir De Lacy Evans continued his evidence on Tuesday. Commenting on the great deficiencies of the Transport and Commissariat services, he expressed his firm belief, that when the war was commenced, it was never imagined that gunpowder, or even the magazines to which he had referred, would be required. Certain it is that those arrangements were not made which were absolutely necessary. At Varna, it was very evident that the army was waiting for the results of protocols and conferences, while, on the other hand, the Russians were still carrying on the campaign. At that time the deficiency in the personnel of the Commissariat department was remarkable. There were great complaints of the shoes and tools sup- plied to the men.

His division was very inadequately supplied with medicines. There was but little fault to find with the medical staff. It may have been too weak. Speaking of the hospital arrangements, he said that it seemed as if at first it was expected there would be " no wounds." The ambulance carts were "too large and too heavy." There was a deficiency of fuel and of tents.

The witnesses examined on Wednesday were General Bentinck, Mr. Stephen Owen, the only surviving officer of the Resolute, lost on the 14th November, and Captain Wrottesley of the Royal Engineers.

General Bentinck left the Crimea on the 8th November. His evidence, therefore, threw little light upon the state of the army.

The men wounded at the Alma were all taken off the field before noon the next day. There were not sufficient medical men in the brigade of Guards. While he was there the brigade began to want clothing; there was some in store at Constantinople, but it was at first uncertain whether the army would winter in the Crimea or not. The men did not want food ; they wanted fuel. The ambulance carts were "too large and too heavy " ; the men complained of them. The sanitary state of the camp was satisfactory. He thought the mortality was principally caused by the want of clothing and exposure under canvass at such a season, the hard work and want of rest. As to the state of the road to the camp, he thought very little could have been done to improve it, as, even had there been labour enough avail- able, macadamization would have made it almost as impassable as the mud ; there was nothing between it and the plank road or rail. No men could be spared to attempt to make it. Mr. Owen's evidence was to the effect that the master of the Resolute had asked, but could not obtain, permission either to go into port at Ba- laklava or lie off the coast under topsails. The Resolute carried ammuni- tion : there were other ships laden with ammunition in the port; that might have been the reason why the Resolute was not allowed to remain there.

Captain Wrottesley spoke to the deficiency in the supply of land trans- port when the troops were at Varna. It was the chief difficulty against which the Engineers had to contend.

The mistake of our Commissariat was supposing that what worked well in the high civilization of Great Britain would do in semi-civilized countries. The Commissariat ought not to be charged with the transport of the army : it was the chief cause of the inefficiency of the department ; it was over- whelmed by applications for the means of conveyance.

General Bentinck added to his evidence on Thursday. The other wit- nesses were Dr. Vaux, surgeon of the Harbinger steamer, and Mr. Lay- ard M.P.

General Bentinck said that the Commissariat officers attached to his bri- gade were very efficient. "The Commissariat were sometimes very strict. On one occasion a voucher was sent back to me because it was signed half an inch too low. I then took the liberty of saying, that if this ever occurred again I would have that commissary turned out of the service. The diffi- culty never did occur afterwards." "The tools supplied to the pioneers were bad ; they were too few and of inferior quality. The same tools had been tried at Chobham, and found inefficient ; yet the tools supplied to the pioneers in the Crimea were of the same kind." "All my staff spoke French, but none of them had passed an examination at the College of Sand- hurst."

Dr. Vaux described bow the Harbinger had taken a cargo of vege- tables to Balaklava ; how they were detained a fortnight delivering it ; how it got offensive and dangerous before it was discharged, and the whole rotted on the beach. There was bread spoiling on the beach also.

Mr. Layard was present and saw the army disembark in the Crimea. The infantry and parts of the artillery landed in British boats; but they were unfit for landing the horses, and for the horses and part of the artillery French flat-bottomed boats were obtained. Our troops had not the same means of conveying baggage as the French. The field department of the French is very perfect. Their men cook better. The moment they arrived on the heights before Sebastopol, they set about building hospital-sheds. The English troops had no idea how tents ought to be pitched.

Before he left Balaklava the harbour was in a filthy state. Nothing had been done to provide storeage, but all was in confusion. Balaklava was not so favourable a landing-place as Kamiesch Bay ; but if wharfs bad been built matters would have been better. The burial-ground et Balaklava was

I

very badly selected. The road to the camp, although the badiwe ea at h was not set in, was "broken up." The sanitary condition of Constantinople there is nothing else going on but cothx-roas. Ling" ; and he had suggested

that persons should be engaged at Constantino d le to roast c ffoee that

was not attended to. Mr. Layard said be ha lived wihteh ttoohles Engineersupplied officers on the right attack, and they complained that t were " very bad indeed." Some of the fusses were so bad they disabled not buret at all. The new traversing platforms for the guns were disaa the first day of firing, and on the second disabled and destroyed.