11 MAY 1844, Page 2

Debates anb 13roicebings in VarliamEnt.

THE BANK CHARTER AND BANKING REFORM.

'1'he House of Commons, on Monday, having resolved itself into a Committee-on the Bank of England Charter Acts, Sir ROBERT PEEL to propound his- meastues on the subject of the Bank of England I don of banking generally. * kiffshe subject, nearly touching as it does every contract 6 16 'overrated. By the Act passed in 1833, conferring upon Bina of England'aertain privileges, the charter will expire in 1855; but the power was reserved to the Legislature, by giving six months' notice, to fLozEnT,PuseS speech occupied three hours in delivery: of course , fa. We eiumot give more than a meagre outline of it in our crowded pages. revise the charter ten years sooner : Ministers thought that the time had come when that should be done ; and he was sure that all the Members of the House would rise above party considerations in handling the subject. At all events, he trusted that they would not so far yield to the representations cir- culated by a Committee of Country Bankers as to come down havingprejudged the question. It is necessary to ground the question on some basis of first principles ; and, without talking of " measures of value," but taking a strictly popular view of it, let us consider what is the common denomination of value- s " pound." Unless we are agreed on that, it is vain to legislate on the sub- ject : if a " pound " is a mere visionary theory, one class of measures respect- ing paper currency would be needed • if a " pound " is a given quantity of precious metal of fixed weight and fineness, then another class of measures respecting paper currency will be requisite. Be went upon the assumption that a " pound " is that definite quantity of precious metal, and that a promise to pay a " pound " means a promise to pay the bolder that definite quantity of precious metal. In the reign of William the Conqueror, a pound of silver was the " pound " of account. By successive debasements of the currency, a great alteration was made, not in the name but in the intrinsic value of the pound sterling ; and it was not until a late period of the reign of Queen Eliza- beth that silver, then being the standard of value, received that determinate weight which it retained, without variation, and with constant refusals to alter it, until the year 1816. In 1717, a guinea was fixed to be worth 21s., and gold and silver were both made standards of value ; but in 1774, it was enacted that no legal contract should be discharged in silver for any sum of more than 251. ; thus substantially making gold the standard of value. In 1797, that fatal measure which restricted cash payments by the Bank, and enabled parties to issue paper-money at their discretion without being convertible into coin, disturbed not only the speculations of men but their theories and notions ; and in 1810 attention was much drawn to the subject. A Select Committee then reported, that a " pound "meant in fact nothing else but a definite quantity of the precious metals. The theory was much contested at the time ; and some who denied it had the fairness to give their definition, in sentences which at least enabled you to comprehend their meaning, although you could not com- prehend the meaning of the thing signified. One writer said, that a "pound might be defined to be a sense of value in reference to currency as compared with commodity." Another writer, who pretended that he had exhausted his faculties in considering. this subject, was dissatisfied with that definition, think- ing the public had a right to something more definite and tangible, and that "a reference to currency as compared with commodity" was not very obvious to enlightened minds : he said," There is a standard, and there is an unit which is the measure of value, and that unit is the interest of 33/. 6s. 8d. at 3 per cent—that being 11., and that being paid in a bank-note as money of account." The last definition, which he quoted from three parties writing without con- cert, and coming to their own determinations with respect to the standard of value, amounted to this," The standard is neither gold nor silver, but it is something set up in the imagination, to be regulated by public opinion." Anticipating discussions now going on by a century, Mr. Harris, an officer of the lint and a most eminent writer on the subject, laid down the true principle with respect to the measure of value, when he said—" Alter it if you please: in your own dominions you may break the public faith and curtail the long- established measure of property ; but foreigners will make ample allowance for whatever you do, and, however we may rob and cheat one another, they will secure themselves, and take advantage of our discredit by bringing the exchange against us." He wished that those elementary truths could be considered as fully established ; but reading the different publications on the subject bad convinced him that there is not that general and pervading agree- ment as to what constitutes the true measure of value. "I may suppose that men give good proof of their sincerity when they publish octavo volumes : well, here is a specimen of the whole of these publications [holding up a large volume.] It is a most complete proof that this great truth, which to many of us appears to be established on the same evidence as a proposition in Euclid, is at this day and hour utterly denied by many persons. Here is a book published on the 25th of January in the present year, at Birmingham ; and more than one person professes to be concerned in its publication. Now I wish to do justice to all parties, and I say at once that I do not believe that in any other town than Birmingham this publication could have appeared ; and moreover, that I do not believe it is in the power of any one person to write so much nonsense in any one volume. It purports to be the production of Gemini.' In this volume the writers laugh at the notion of still using a standard which was used three hundred years ago,—for, they say, the wealth of the country has enormously increased : as if, because we have in- creased wealth and more railways, we ought now to have sixteen inches in the foot ! A change of measure, indeed, would affect past contracts : if you call an ounce of gold "five pounds," you take a proportionate discount from a debt of 31. 17s. laid.; but it will not alter future contracts, nor evade the foreigner. The supply of bullion, in fact, is regulated throughout the markets of the world by the same rules as the supply of other commodities—the profit of furnishing : if it be in excess, men bring cotton or other goods more in demand; if it be deficient, they prefer gold to cotton, as commanding the more profitable market. After glancing at the opinions of Mr. Ricardo, Mr. Locke, Sir Wil- liam Petty, and other writers, Sir Robert quoted the Earl of Liverpool's letter to the King on the regulation of the coinage, as containing the true principle. "After full consideration of this extensive, abstruse, and intricate subject, I humbly offer to your Majesty, as the result of my opinion,"—now this was in 1804, that is, before silver had been made a.merely representative coin,—" first, that the coin of this realm, which is to be a principal measure of property and the instrument of commerce, should be made of one metal ; secondly, that in this kingdom gold coin only has been for many years past, and is now, in the opinion of the people, the principal measure of property and the instrument of commerce. It has been observed that, in a country like Great Britain, so dis- tinguished for affluence and the extent of its commercial connexions, gold coin is the best adapted to be the principal measure of property in this kingdom ; and accordingly, gold coin is now the standard coin, or, as it were, the sovereign archetype by which the value of all other coins is regulated, and by which the prices of all commodities bought and sold are adjusted. For these reasons, gold coins should be made as perfect and kept as perfect as possible. And thirdly, where the functions of the gold coin cease, there the functions of the silver coin should begin; and where the functions of the silver coin cease, there the func- tions of the copper coin should begin; and so far gold, silver, and copper, should be made a legal tender. But sliver and copper should be subordinate and sub- servient, and merely representative coin, taking their value from the gold coin, according to the rate which the Sovereign sets upon it." These are exactly the principles which now regulate the measure of value. Silver and copper are made ancillary to gold; the humblest classes obtain 51. in gold for 5/. worth of produce—a much better security for perfect convertibility than making 1001. notes exchangeable for gold; and as to any change which should diminish the chances of "panic," it is to be doubted whether legislation with that object would have any beneficial effect. He now came to the paper circulation,—meaning promissory notes payable on demand, as distinguished from bills of exchange and other kinds of paper credit, sometimes spoken of as creating an auxiliary paper circulation. The promissory note is a real substitute for money. The other kind of paper- currency has some slight effect on the price of gold, to whatever amount, say five or six millions, it saves the use of in various sums sent abroad; but the proportion is so small as scarcely to be felt in the circulation of the country.

the real paper-circulation has a different effect on prices and exchanges. Early ba the history of the Bank, when confidence in it was so high that shares issued

M 60 sold at 112, a guinea in gold was worth 30s. in paper : the large issues of paper were contracted, the value of the notes was restored, and the exchanges Were once more in our favour. Similar results were observed when the Scotch, and afterwards Irish banks, contracted their redundant issues. A paper-cur- rency, therefore, may be regulated without touching that valuable class of commercial instruments of exchange; and Lord Liverpool pointed out the "artifice" by which it is sought to confound them, that neither may be touched. Mere convertibility of a paper-currency does not give security, with unlimited competition : however good competition in commerce may generally he there is this peculiarity in the present case, that you do not want the cheapest article, but you do want the very best; while, instead of being go- verned by variable principles, such as competition could usefully affect, its 'value is governed by fixed principles. It is true that, with perfect converti- bility, notes and gold must ultimately conform in value : but with unlimited competition the depreciation of gold would not be immediately felt ; it would be perceived when far advanced; and by neglecting its early warnings, you force the Bank to the necessity of precipitate contractions. Mr. Hobhouse, Chairman of the Committee of Private Bankers, and other eminent Country bankers, gave evidence before the Parliamentary Committee, which clearly showed that the issues of Country bankers have no regard to the state of the exchanges, but only to obtaining the greatest extent of custom for each. The Country bankers tell you they have no control over their currency. The in- crease of price determines their increase of issue ; and there is going on at the lame time this double operation of an increased speculation'and an additional stimulus given to that speculation. And this arises because the Country banks have no control over thew own issues. Indeed, the history of the United States hanks, with excellent arrangements for immediate convertibility based upon the infinite liability of shareholders, is a warning against unchecked competition. • Having stated principles, he came to practical measures; first premising, that principles should not be pushed so far as to raise up private interests in ob- struction of the very reform sought, and that in any but a new state of society it is desirable to make use of instruments already in existence. In a new con- dition of society, the state might claim the whole profit derived from the repre- sentative of money : but there are political disadvantages in a purely Govern- ment Bank ; and as the true policy is to work with the instruments you have, he had come to the conclusion that it is best to select the Bank of England as the coutroling central body for a bank of issue, rather than to appoint Com- missioners under Parliament to issue a paper-currency. ".1 propose, there- fore, with respect to the Bank of England, that there should be an actual separation of the two departments of issue and banking—that there should be different officers to each, and a different system of account. I likewise propose, that to the issue-department should be transferred the whole amount of bullion now in the possession of the Bank, and that the issue of bank-notes should hereafter take place on two foundations, and two foundations only—first on a definite amount of securities, and after that exclusively upon bullion ; so that the action of the public would, in this latter respect, govern the amount of the circulation. There will be no power in the Bank to issue notes on deposits and discount of bills, and the issue-department will have to place to the credit of the banking-department the amount of notes which the issue-department by law will be entitled to issue. With respect to the banking business of the Bank, I propose that it should be governed on precisely the same principles as would regulate any other body dealing with Bank of England notes. The Lied amount of securities on which 1 propose that the Bank of England should kale notes is 14,000,0004 and the whole of the remainder of the circulation is to be issued exclusively on the foundation of bullion. I propose that there should be a complete and periodical publication of the accounts of the Bank of England, both of the banking and issue department, as tending to increase the credit of the Bank and to prevent panic and needless alarm. I would there- fore enact by law, that there should be returned to the Government a weekly account of the issue of notes by the Bank of England—of the amount of bul- lion—of the fluctuations of the bullion—of the amount of deposits—in short, an account of every transaction both in the issue-department and the banking- department of the Bank of England; and that the Government should forth- with publish unreservedly and weekly a full account of the circulation of the Bank."

It would here be convenient to explain the regulations proposed for Private Banks. The general rule would be, to draw a distinction between the privilege of issue and the conduct of banking business ; the object being to limit com- petition, but to make the great change with as little detriment as possible to private interests. From this time no new bank of issue will be constituted ; but those which are existing banks of issue will be allowed to retain the privilege upon condition that they do not exceed the present, amount to be calculated upon the average of a term of years. This is necessary to enable the Bank of England to know the extent of issue with which it will have to compete. While restraining their issues, banking business will be facilitated : the privilege of suing and being sued, at present withheld from Joint-Stock Banks, will be accorded ; the law of partnership will be so altered, that while the acts of an individual director or other aathorized partner would bind the whole the acts of an unauthorized partner would not do so ; Joint-Stock Banks in London, at present forbidden to accept bills for a date of less than six months, will be placed on an equality with other banks, and allowed to accept bills of any amount and any date. If the last privilege were abused by the circulation of small bills, he should at once appeal to Parliament to correct the evil. Joint- Stock Banks would be required to publish a full and complete periodical list of all partners and directors, and banks of issue to publish an account of their issues,—a much better security for the public than many delusive checks to which his attention had been invited. Joint-Stock Banks would be prohibited from having shares of less than 1001., 501., or some fixed amount ; and no new Joint-Stock Bank shall be constituted except upon application to a Government department, on registration of prospectuses, and probably registration of shares and paid-up capital. He reverted to the proposition respecting the Bank of England. It is to be allowed issues to the extent of a fixed amount of securities-14,000,000/. The existing loan of 11,000,000/. to Government at 3 per cent will be continued, there appearing no advantage in change. The remaining 3,000,0001. will be based upon Exchequer Bills and other securities, over which the Bank will ' have entire control; with the power, however, of limiting its issues on that portion of the securities, to restore the exchanges and so forth : there could hardly be a case in which the securities could safely be diminished to less than 11,000,0001. The Bank will also be allowed to extend its issues beyond the 14,000,000/. on emergency, but only with the assent of three members of the government; and in such case the whole of the net profit on any amount beyond the 14,000,0001. to revert to Government. A case might arise, such as the sudden extinction of 2,000,000/. of the provincial currency, which would need an extension of the Bank currency to fill the gap. Without seeing any great advantage in the "legal tender" clause, he should continue it, in order to facilitate the circulation of Bank paper. The pecuniary arrangements between the Bank and Government have to be explained. The Bank retains the privilege of issuing notes on securities to the amount of 14,000,000/. at 3 per cent ; which would yield 420,000/. From this there are deductions to be made. The total cost to the Bank, on an issue of 20,000,000/., has been estimated (by the Committee of 1833) at 117,000/. • but take it at about 113,0004 which taken from 420,000/., leaves 303,000L There is then to be deducted shoat 60,000/. composition with the Stamp-offiee for the privilege of issuing notes. Then there is about 24,000/. paid by the Bank to those bankers who undertake to issue Bank of England notes (taking 1 per cent received on a payment of 3 per cent.) The result, after subtracting these items, is 220,000/. derived from the issuing of notes. Hitherto the Bank has paid 120,000L to Government for its privileges: its privileges are now to be affected ; but on the other hand increased stability is to be given to its banking business; and he proposed that in future the Bank should still pay that sum, besides the i 60,000/. for the composition with the Stamp-office, making n all about 180,000/. Government pay to the Bank 248,000/. for the management of the Public Debt, and the difference between the two last sums would be the balance that Government would have to pay over to the Bank.

These regulations would be confined to England and Wales; the subject of Scotch and Irish banks being reserved for future consideration. Sir Robert concluded by glancing at the act of 1819, which gave increased stability to English credit, and expressing satisfaction should his new measure also tend to advance that stability, and obviate such panics as those which occurred in 1826, 1834, and 1839. [ The speech was often cheered, especially from the Opposition side of the House.] The CHAIRMAN read the following resolutions; the first of which Sir ROBERT PEEL moved pro formd- " 1. That it is expedient to continue to the Bank of England, for a time to be limited, certain of the privileges now by law voted to that corporation, sub- ject to such conditions as may be provided by any act to be passed for that purpose. "2. That it is expedient to provide by law that the Bank of England should henceforth be divided into two separate departments, one exclusively confined to the issue and circulation of notes, the other to the conduct of banking business.

"3. That it is expedient to limit the amount of securities upon which it shall henceforth be lawful for the Bank of England to issue promissory notes payable to bearer on demand; and that such amount shall only be increase4 under certain conditions to be prescribed by law. "4. That it is expedient to provide by law that a weekly publication should be made by the Bank of England of the state both of the circulation and of the banking departments. 5. That it is expedient to repeal the law which subjects the notes of the Bank of England to the payment of the composition for stamp-duty. "6. That, in consideration of the privileges to be continued to the Bank of England, the rate of fixed annual payment to be made by the Bank to the public shall be 180,000/. per annum ; and shall be defrayed by deducting the said sum from the sum now by law payable to the Bank for the management of the Public Debt.

"7. That in the event of any increase of the securities upon which it shall be lawful for the Bank of England to issue such promissory notes as aforesaid, a further annual payment shall be made by the Bank of England to the public, over and above the said fixed payment of 180,0001., equal in amount to the net profit derived from the promissory notes issued on such additional securities. "8. That it is expedient to prohibit by law the issue of promissory notes payable to bearer on demand by any bank not now issuing such notes, or by any bank hereafter to be established in any part of the United Kingdom. "9. That it is expedient to provide by law that such banks in England and Wales as now issue promissory notes payable to bearer on demand shall con- tinue to issue such notes, subject to such conditions and to such limitations as to the amount of issue as may be provided for by any act to be passed for that purpose. "10. That it is expedient to provide by law for the weekly publication of the amount of promissory notes payable to bearer on demand circulated by any bank authorized to issue such notes.

"11. That it is expedient to make farther provision by law with regard to Joint-Stock Banking Companies."

The pro formci motion was carried ; the CHAIRMAN reported progress, and obtained leave to sit again that day fortnight ; the resolutions to be printed for the deliberate consideration of Members.

GOVERNMENT OF INDIA.

In the House of Commons, on Tuesday, Mr. FIUME moved for " co- pies of all correspondence between the Court of Directors of the East India Company and her Majesty's Government respecting the recall of Lord Ellenborough, Governor-General of India."

He alluded to the anomalous method of governing India, partly by the Court of Directors, who may appoint and recall Governors. In 1833, Mr. Charles Grant, then President of the Board of Control, hinted at taking away that power of recall : but the step was strongly opposed by the Directors, and by Mr. Tucker, who feared that the Directors would then " only become a screen between the British Government and the British people"; and Mr. Charles Grant gave up the point. Out of the twenty-four Directors, eighteen are sup- porters of Government: it could therefore have been no ordinary reasons which made them unanimous in recallirg Lord Ellenborough ; and, judging by what had fallen from Mr. Hogg and Mr. Astell, he believed that the Directors wished the information to be produced to the House. He asked for informa- tion, because an important Minister of the Crown, in another place, had pro- nounced this to be " the indiscreeteat exercise of power he had ever known." The cause of that accusation should be explained and cleared up.

Sir ROBERT PEEL gave the motion his most decided opposition.

The same considerations of justice which induced Mr. Macaulay to postpone his motion on the subject of Gwalior would induce the House to postpone its judgment on Lord Ellenborough in his absence ; and therefore, even if Mt Hume got his papers, he would not have made much advance towards an in- quiry. But he resisted the motion on the ground of the interests of India and the maintenance of British power. No doubt, the East India Company had recalled Lord Ellenborough, and Government had dissented from that recall. They thought that there was nothing in Lord Ellenborough's conduct that made it wise, or just towards himself, for him to be recalled. Lord Ellen. borough's conduct met with their approbation. They contrast the present state of India with that in which he found it. Seeing the devotion with which he has performed every duty, and looking at his conduct throughout his ad- ministration, and at the results of his policy, the Ministers of the Crown thought that nothing had passed which, in their opinion, should diminish the confidence which they had placed in him originally. But, however, the Court of Directors, having full power, took a different view of this subject, and exercised their power of recall. The question then arose, what was to be done with respect to the appointment of a new Governor-General ? Ministere might have thrown the responsibility on the Court of Directors ; but they thought it best to continue to act in friendly concert. "I had inter- views with the Chairman and Deputy-Chairman of the Court of Di. rectors, and I gave it as my opinion that all considerations connected with past differences should be merged in the deliberation of this question, What is best to be done in the present crisis? ' I said, You have appealed to het Majesty's Government to assist you in the appointment of a successor : on the part of the Government I am willing to concert With you for that purpose; but I can suggest no one on the part of the Government unless I can have the assurance that he will have the confidence of the Court of Directors, and that it is probable that the line of policy which he will pursue will be approved. sI • named to the Chairman and Deputy-Chairman the name of my right honour- able friend Sir Henry Hardinge; and thought upon the whole, In the present Condition of India, from a long experience of his public character, from his military eminence, and from his great experience in civil duties, that be was the man best qualified to undertake the office of Governor-General. I was informed at once by the Chairman and Deputy-Chairman, that the same name had occurred to them, and I was assured that no person could be sent out to India as Governor who would he so consonant with their wishes and they wished that I would undertake to propose the duty to my right honourable friend. I did propose it to him ; informing him at the same time that he com- manded the confidence of the Crown and of the Court of Directors, and urged him to permit no private considerations to deter him from under- taking this great responsibility. My right honourable friend did not hesitate ; he at once accepted the trust : but ray firm belief is, that be accepted it from the highest and the purest considerations of public utility, and not from motives of private ambition. Thus there is with respect to the selection of a new Governor-General between the Crown and the Court of Directors a cordial understanding; and I have every reason to believe that the general policy will be one which will meet with the general sanction and concurrence and support of the Directors. My right honourable friend will proceed at once by the next packet to undertake ;his new duties ; and no considera- tion on earth shall induce me to fetter his administration of affairs by S ending out by the same packet a detailed correspondence showing the exact nature of the differences which have prevailed. 1 have no hesitation in say ing. that nothing could be more calculated to add to the excitement which probably may exist, than to send forth to India, liable to all those mis- constructions that probably will be avoided here, the exact record of the differences which have prevailed, and which, I believe, will not affect the future administration of India. I call on the House not to send out with a new Go- vernor the decisive proof of the Home authorities having held different opinions." The Member for Montrose said that the Duke of Wellington charged the Di- rectors with indiscretion : "I never heard the honourable Member make a speech in my life without making such a charge. or worse, against the Go- vernment. But whether my noble friend the Duke of Wellington did use that phrase or not, is a question subordinate to the great question whether it is for the public interest that that correspondence should be produced." Mr. A STELL begged the country to suspend its judgment. It would be an act of indiscretion to publish the papers ; but let those who accused the Directors make their accusations, and he was there to defend them.

Mr. Hocc did not feel that it would become him to say more than that the Court of Directors had exercised the power of recall under an • imperious sense of public duty, and had come to that resolution most reluctantly and with great pain. He had only to add, if the Court of Directors were to remain subject to the imputation of having acted in- discreetly, he individually would rather remain subject to the charge than seek for the production of papers to avoid it, if he thought it might be detrimental to the public interests ; which in the present in- stance he did.

Mr. MACAULAY advised Mr. Hume not to press his motion ; though he had as yet heard no argument why it should not be made on a future occasion, after Lord Ellenborough's return. The Directors were charged with the greatest indiscretion known in his- tory—an exercise of power compared to which the sending forth the Walcheren expedition was trifling—the bill imposing pains and penalties on the Queen a alight indiscretion ; and that is a charge a hich ought not to he made except to be substantiated. After Lord Ellenborough's return, therefore, the papers must be granted, unless the House meant to abdicate all control over Go- vernment, and unless Ministerial responsibility were to become a mere name. Be did credit to the skill with which Sir Robert Peel managed the subject, flying away as fast as possible from the past to the future: hut since the House was to be left in doubt for months to come—since a menace had been held out that the Directors were to be deprived of a power which they had abused—be felt bound to stand up for their power as one which they ought to retain, and which should not be taken from them without a long and an obstinate struggle. The very composition of the Court of Directors ought to prevent a precipitate judgment. " I know that there is to be found in that Court one gentleman, for example who himself acted as Governor- General of India for some time. I know that there are persons to be found there of the highest distinction, whettor in war or diplomacy, or any other branch of the public service. I believe most firmly, and I believe that no person who is acquainted with India will dispute what I am about to say, that at least there are ten gentlemen in that Court the least informed of whom is better acquainted with and is better informed upon India, than (I say it without any disrespect to them) the whole of the Treasury-bench opposite Those gentlemen are unanimous : and can it he said that they are not informed upon the subject on which they sat in judgment ? It has been said—it has been ignorantly said—that they see nothing of what goes out to India; that they are mere organs of conveyance. The fact is not so: there is not one paper in two hundred goes to India which does not pass under the survey of the Court of Directors. The few papers that issue from the Secret Department pass u der the eyes of three of the Directors ; and we know that the Directors were unanimous."

Mr. MANGLES and Lord JoHN RUSSELL viewed the production of the papers much in the same light with Mr. Nlacaulay.

Mr. ROEBUCK asked, whether the Court of Directors removed Lord Ellenborough for his public or his private conduct ; whether there had been any compromise or agreement between Government and the Di- rectors ; and whether they, having removed Lord Ellenborough from some private pique or personal feeling, would allow his successor to govern [he country after the policy of his predecessor? Sir ROBERT PEEL said that there had been no compromise; and, re- peating a little of what he hid already told about the appointment, he added, " My belief is, that as regards the principles which will govern his conduct, Sir Henry Hardinge will decide for himself ; and that they will be the principles of justice and moderation I have every confi- dence."

Mr. HUME persisted in dividing the House ; and the motion was ne- gatived, by 197 to 21.

In the other House, the Marquis of NORMANDY drew attention to the subject ; putting a question-

-- He was aware that he should have been more formally in order if he bad moved for papers; but as it was natural to suppose that, after the opinion ex- pressed by the Duke of Wellington, papers would be produced—and as, if re- fused, it could only be on_the one ground of detriment to the public service, which would prevent his pressing for them—he thought it would prove more convenient only to ask a question. His regret that occasion had been taken to pronounce a decided censure on the East India Directors, would he increased if the papers were not produced; and it would be great precisely in proportion to his inviolable respect for the Duke of Wellington, and the weight with which his opinion would fall upon those alio had no opportunity of stating their own case. In the absence of facts, what are the probabilities of the case? The majority of the Directors have a leaning to the present Government ; they are perfectly well informed—for the alleged " secrecy ' of the Secret Commit- tee only relates to certain questions of peace, war, and diplomacy; and they now come into such collision with the Government for the first time. If, however; Lord Ripon desired to postpone the discussion upon the conduct of the Go- vernor-General until Lord Ellenborough's return, or until some period when a more perfectjudgment could be formed, Lord Normanby himself knew too well how liable to misconstruction are persons exercising distant government to op- pose such a plea. Some hint had been thrown out that Government ought to take this opportunity of reducing the power of the Court of Directors; acourse the impolicy of which had formerly been pointed out with great perspicuity by Lord Ellenborough; and at least let the discussion on that point be reserved until the most able advocate of the East India Company should be restored to the walls of the House.

The Earl of RIPON approved of the course taken by Lord Normanby ; and was quite ready to answer his question, put in a manner perfectly fair, just, and reasonable ; but he must refuse the production of papers, as unjust to Lord Ellenborough, embarrassing to his successor, and in- jurious to the administration of affairs in India.

0 I pledge my honour to the House, that it would be an act on the part of her Majesty's Government most injurious and most inconvenient to the ge- neral administration of affairs in India, if the whole of that correspondence were to he produced. And to produce a part would be obviously unsatisfac- tory ; although it is impossible for me to explain why it would be so, because in so doing I might be indistinctly and unintentionally doing that which it is my duty to avoid. The same principle induces me not to enter into the other matters to which my noble friend alluded. But I will take the liberty of say. ing, that however I may regret the step taken by the Court of Directors— however inconsistent I may have thought that step with the course which would have been advisable—I am nevertheless bound to say, and I do say, that I am entirely convinced the Court of Directors, in taking the course they did, were influenced by no other motives than an honest and sincere conviction that they were doing that which they were called upon by their public duty to do. In saying this, I do justice to their motives; and if I do justice to their motives, I trust I may also ask your Lordships to do justice to me and to her Majesty's Government, and give us credit for being influenced by no other considerations than those of public duty in the course we have taken."

Lord BROUGHAM concurred with Lord Ripon ; and defended the Duke of Wellington, the Government, and Lord Ellenborough.

His noble friend the noble Duke opposite, the least indiscreet of human kind, was now charged, for the first time in his long and illustrious life, with indiscre- tion—with having pronounced an opinion upon a question, the means of forming an opinion upon which were not before the House. The position of the Govern- ment ought, in justice, to be remembered. They were called upon by an act of the Directors to pronounce their opinion, because, if they did not, it would be inferred that they adopted the act of the Court of Directors. What could they do but say that they differed from the Directors, that they disapproved their conduct, that they thought the Directors had been guilty of an act of great indiscretion ? No impeachment of the purity of their motives, no imputation of dishonesty, of corruption; but a charge of great, or, if you will, of gross, or if you will, of unprecedented indiscretion, which is quite compatible with in- corrupt motives. It is said that the Secret Committee was only required to keep secret questions of peace or war or negotiation: why, Gwalior and Scinde are questions of peace or war. It was said in some parts of the City, we'll trust the twenty-four Directors, and suppose that they will be right. He had great confidence in the decision of twelve men sitting in judgment under the direction of a judge, but he had not yet learned that confidence in twenty-four Directors sitting in Leadenhall Street. If they were right, it must be on the ground stated by their advocate, his noble friend behind him, that they knew all the facts, inasmuch as all the facts were known to the public at large. But if the facts which justified the Directors were known to the public at large without the production of more papers, what harm was there in bring- ing on a discussion as to their conduct ? He highly approved of the appointment of Sir Henry Hardinge but how much that unanimous choice of the Directors narrowed the question between them and Lord Ellenhorough ! They had elected Sir Henry Hardinge for the purpose, he supposed, of throw- ing discredit on his predecessor's conduct—for the purpose of annulling the acts of his predecessor—for the purpose of pursuing a different course of policy in our Indian dominions—for the purpose of rescinding all that he had done—so gloriously done in point of success, no man denied that—so admirably done in point of ability, no man doubted, even those who thought that he was ill- advised in the foundation of his policy ! But if they chose Sir Henry Hardinge for carrying out a policy and principles just the contrary of those on which Lord Ellenhorough acted, then it became to him an inexplicable mystery and an insoluble doubt, why they who disapproved of the policy of Lord Ellenborough should choose a man a ho was of all others the most certain to pursue the same course. Why did he say so ? Because Sir Henry Hardinge, in the first place, was a near connexion, the brother-in-law, of Lord Ellenborough; because he was, in the next place, the bosom friend of Lurd Ellenborough ; because, lastly, be was one of her Majesty's present Government, who had joined in ex- pressing their approval of Lord Ellenborouglis policy and their disapprobation of his recall hy the Directors. Therefore it remained for the Court of Direc- tors to explain, how it happened that they bad recalied Lord Ellenborough on account of the policy he hail pursued in India, and yet had chosen to succeed him the person mostly likely of all the men who could be sent to India to carry the same policy into execution. Did not this make it appear very likely that it was not from disapproving his noble friend Lord Ellenborough's policy as Governor- General, in any part of the extensive range of subjects it embraced, that he was recalled ? Did it not, from this very circumstance, seem absolutely certain that some most trifling, insignificant, personal motive, had produced the act which had been styled one of perfect indiscretion, hut whicti was admitted by his noble friend who spoke last to have been one of perfect ho ■eety of purpose and purity of motive? That was the conclusion which he drew, as a spectator of what had passed. and which ] every friend of the Governor•General must feel extremely gratified at having an opportunity of drawing ; especially as it would be the most complete preventive that could possibly be administered in India to the otherwise mischievous consequences which the recall of the Governor-General might have had, if that had been presumed to have been made as au absolute disapproval of the policy he had hitherto pursued towards the Native Powers.

The Duke of WELLINGTON wished to say a few words, without con- tinuing a discussion that had arisen merely on a question.

" I beg to state, in answer to one part of what the noble Marquis stated, that certainly there is no intention of proceeding to any alterations in the constitu- tion of the East India Company. I had no such intention on my mind at the time I addressed your Lerdships a few nights ago. If the noble Marquis had condescended to recollect any thing 80 insignificant as the course I have taken in Parliament, not only in this hut in the other House, on all questions which have concerned the East India Company, be must have entirely acquitted me of being the originator of any measures of that description, to deteriorate the power of the East India Company or the Court of Directors." The subject was not first mentioned in the House on Monday week, but there had been a discussion on the previous Friday, in which several Peers joined : he did not think it necessary to speak ; and he afterwards understood that his silence was taken as proof that he had not a favourable opinion of Lord Ellenborough's policy. "When I found, what I did not know till Monday, that I was to be called upon to answer a question put to me on that day, I considered it my duty to state my opinion on that transaction itself; and 1 thought the opinion 1 stated as moderate as possible. As there had been a question as to the power of recall on the preceding Friday, I stated that there was no doubt whatever respecting the power : I showed what the power was, and where it was to be found ; and I believe I quoted the very act of Parliament in which it was to be found. I stated at the same time, that it was a power which ought to be exercised with discretion on this occasion ; and I stated my reasons for so thinking. That was the full amount of what I stated • and I guarded myself over and over again in stating that it was a power which I thought had not been exercised with discretion. I stated my reasons for thinking so, with no desire to give offence at all. I had no intention to offend anybody. I certainly thought, as my silence on the former day had been considered as giving a cen- sure on the Governor-General, which was far from expressing what 1 felt—and moreover, as when there is any doubt of that description It M incumbent on the person who addresses the House for her Majesty's Government to protect the absent public servant who is engaged in the performance of his duties—in my opinion, I say, it was my duty to protect him from the great authority who had so far censured him as to recall him from the performance of the duties of his office." He also said, that if Parliament thought proper to call for the reasons stated by the Court of Directors for adopting thie measure of recalling the noble Lord, Parliament ought to have those reasons, as far as they could be communicated without injury to the public interests. The Marquis of NORMANDY said, be had not charged the Duke of Wellington with intending to bring forward any measure detrimental to the interests of the East India Company.

. The Marquis of CLANRICARDE approved of Sir Henry Hardinge's appointment ; but could not at all jump to the conclusion to which Lord Brougham had passed in his usual rapid manner; and be firmly relied on the new Governor-General's taking a course totally different from that of his predecessor.

The Marquis of NORMANDY asked Lord Ripon, whether the Board of Control have not the power to release the Secret Committee from their oaths; and whether in point of fact such application had not been made, and the papers relating to Gwalior and Scinde had not been com- municated to the Court of Directors ?

The Earl of RIPON replied, that some papers relating to Scinde had been communicated to the Court, but not those that went through the Secret Committee. All the papers relating to Gwalior had been corn- Municated.

Lord COLCHESTER and the Earl of WiNcart.sEa regretted that the papers were not produced, in vindication of Lord Ellen borough. Lord CAMPBELL observed, that the course taken by Government had given universal dissatisfaction : if they thought it necessary to repudiate the recall of Lord Ellenborough they might simply have said, " It is not our act," without denouncing it as the "greatest indiscretion." What would be said if the Government had recalled him and the Di- rectors had charged the Government with gross indiscretion ? He did not believe that Sir Henry Hardinge would be guilty of any Somnauth proclamation ; and he thought that in making that appointment the Di- rectors had been guilty of rather a felicitous "indiscretion ": he might say with Hamlet, "Indiscretion sometimes serves us well when our deep plots do fail."

The conversation dropped.

ABOLITION OF THE IRISH LORD-LIEUTENANCY.

In the House of Commons, on Thursday, Mr. Hums brought forward *motion for abolishing the Lord-Lieutenancy of Ireland.

Be had always opposed the Repeal agitation, and he was desirous to remove a principal cause of it. He made a similar proposition twenty years aeo, but did not proceed to a division ; in 1830 he again introduced it, and 117 Members divided with him. By the Union it was promised that peace and contentment should be given to Ireland ; but now, at the end of forty-four years, it is found that those promises have not been realized, and that Ireland is as distracted and discontented as ever. Seeing the many evils arising from party feeling in that country, he thought that the worst kind of Government which could be given to her was that of deleeated authority. She is now little better than a colony of England, governed by a Governor-General, like Jamaica or Canada. Compare this result with the effect of the complete union between Scotland and England under one Government ; Scotland having prospered. Ireland would be better governed by a responsible Minister of the Crown residing in London, than by several officers acting under a delegated authority in London, and con- tinually shifted. In thirty years preceding the Union there were fourteen Chief Secretaries for Ireland ; in the thirty years after it, sixteen ; and there have been several since. To the complex delegated authority might be imputed the delay in issuing the Clontarf proclamation. Ireland is now in the condition of a conquered country ; and it would be impossible to assimilate her institutions to those of England without removing the Viceroyalty. The arrangement, moreover, would conduce to public economy, as the Viceregal expenses amount to 100,0001. a year, and it costs 1,000,0001. a year to keep the people down. He moved, "That an humble address be presented to her Majesty, praying that she will be graciously pleased to consider whether it would not be for the ad- vantage of Ireland, said to the interest of the United Kingdom, to abolish the office of Lord-Lieutenant of Ireland."

Captain BERNAL seconded the motion, following up Mr. Home's ar- guments. He cited the opinion of Mr. Recorder Shaw and the Duke of Leinster against the Lord-Lieutenancy ; suggested that the present grant for the Viceregal expenses should still be spent in Dubliu, in public works and relief from local taxation ; and proposed, as a substi- tute for the Lord-Lieutenant, a fourth Secretary of State, with a seat in the Cabinet.

Lord ELIOT opposed the motion. The office of Lord-Lieutenant has lasted for six hundred years, and its abo- lition now would only be productive of evil. Mr. O'Connell, whom nobody will deny to speak the sentiments of the Irish people, is against it, and eajs that it increase ncrease alkenteeism ; Sir John Newport's authority is decidedly opposed to it ; and though there is nothing in the Act of Union to provide that the office should be continued, yet there was a tacit understanding that it should not be abolished. Among the objections to the proposed change is this, that every act of Parliament would require to be revised for the purpose of trans- ferring to the authority proposed to be substituted for the Lord-Lieutenant those functions which be at present discharges. It would not do to say gene- rally, that they are to be so transferred—every act must be gone through in detail. Honourable Members had probably no idea of the extent of legislation which such a change would render necessary. On the removal of the office, abuses would creep into every department, which are now prevented by his residence on the spot. Mr. Hume had alluded to Scotland ; which is not a parallel case : such an appointment never existed in Scotland, and the laws and institutions of Scotland are widely dissimilar from those of England, whilst those of lrelaud are similar. Disturbances are more frequent in Ireland than in Scotland; and it would be difficult to preserve the peace unless there were an officer on the spot possessing the Lord-Lieutenant's power.

Lord JOHN RUSSELL could not vote for the motion, though on general grounds he was in favour of it. He had formerly considered the question, and be thought that there were strong reasons in favour of abolition; but it would be inexpedient to effect the change in the present state of the country. As to the difficulties suggested by Lord Eliot, arrangements might be made to meet the altered circutnetances. It was at one time proposed to have a separate Council for Scotland ; but Lord Somers maintained that with one the Union would never be complete : and the dissimilarity of English and Scotch laws rather furnished an argument fertiori for thorough amalgamation of England and Ireland. Were the office abolished, the Secretary a State would be the proper person to exercise its functions. If the Government would not consent to the abolition, he had no doubt it was because they felt very strougly the difficulty of carrying on the Government in Ireland ; and in consequence of that opiuion he should be sorry to interfere. Mr. SHAW would rather not express a positive opinion ; but he per- ceived in Ireland a growing dislike to the office.

Captain LAYARD thought that the abolition would increase absentee- ism and want of employment. Mr. BELLEW supported the motion ; and laughed at Lord John Rus- sell for being under the influence which has so strong an effect upon every person who has been or expects to be in office.

Sir ROBERT PEEL deprecated paralyzing the authority of the Lord- Lieutenant by condemning the office, unless the House were prepared at once practically to deal with the subject; and he suggested diffi- culties.

Very few honourable Members were prepared to say that they could at once and without any hesitation abolish the office. He should be sorry to express any opinion as to the permanent upholding of that office : his impression was that they should govern Ireland as they would govern England or Wales; but he should most strongly deprecate any resolution sleekening the authority of the office till they were prepared to consider what they would substitute for it. There are greater difficulties in the way of the abolition than are generally sup- posed to exist. As to patronage, that does not weigh at all : be did not believe that patronage influenced the conduct of any Government, either Whig or Tory. Nobody ever thinks what is to come out of patronage : Governments really do act upon more enlightened and more enlarged views. If they did not, however, nothing would add so much to the power of the Government as the transfer of the whole of the patronage from Dublin to Dawning Street. He certainly was afraid that the abolition of the office would tend to encourage absenteeism. Every person who now goes to Dublin to state his case, to make an application, or to hold a conference with the Executive, would have no occasion to go there at all ; and he confessed he thought that the presence of the Lord-Lieutenant and of such persons encourages expenditure upon the part of others. And how is the Administration to be conducted ?—for a fourth Secretary of State involves very serious consideration. If they cuuld amalgamate'the two countries, of course that would be a great advantage; but when they had a Secretary of State for Ireland, let him tell the House that they introduced a division at once. Two Secretaries of State for the interior of the country, would be a great anomaly ; and so he thought also would be the appointment of one for Ireland and one for England, as it would be likely to lead to disputes and altercations between those two officers. Then the responsible Minister for Ireland must be away from his seat in the Privy Council for six months ; and on the other hand, the substitute for the Lord•Lieutenant must be in attendance in London when he ought to be administering affairs in Ireland. To throw the whole business upon one Secretary of State, would surpass the limits of human endurance : no man has a greater capacity for business than the present Home Secretary; but he knew something of the manner in which he is occupied, and there are hounds to human exertion. The feeling of the Irish people ought to be almost universally in favour of such a measure before the House could be called upon to cope with its difficulties and disadvantages.

Mr. Drt,Low BROWNE opposed the motion ; which he characterized as an attempt made to deprive Ireland of the remnant of her national dig- nity, because England was compelled to subscribe to its maintenance in a small fractional proportion. - Mr. HUBIE withdrew his motion.

CHIEF JUSTICE PENNEFATHER MORALS OF COUNSEL.

Mr. Butler had given notice of a motion relating to the conduct of Chief Justice Pennefather when at the bar ; and on Thursday, the SPEAKER called upon him to make it. Mr. BUTLER wished to postpone it for a week, in order to the presence of more Irish Members; but Sir ROBERT PEEL and Mr. Suaw objected to the delay.

Mr. BUTLER therefore proceeded.

He felt some reluctance, on account of his respect fur Mr. Pennefather'a pH- vate character; but he most do his duty. Twenty-five years ago, the Corpora- tion of Kilkenny were at variance with the inhabitants, who refused to pay a certain toll, believing that the Corporation had no right or authority to demand it. Mr. Edward Pennefather, now Lord Chief Justice of the Court of Queen's Bench, was then a man of some local connexions as well as standing in his profession, and the Corporation enlisted him on their side. A short time after- wards, a disputed election led to the issue of a Speaker's warrant to overhaul toe papers of the Corporation ; and among them was found an "opinion "given by Mr. Pennefather, which created great noise at the time, and was regarded as rendering his elevation to the bench impossible. During the recent proceed- ings in the Irish State trial, the opinion was republished by the Irish papers and by two London papers. It is this- " OPINION AND ADVICE.

" The proofs that defendants should be repot ed to make are—tat, the Charter of James the Fast. if the original Is enrolled in the Auditor-General or Rolls Office. AU attested tuld compared copy should be produced and proved is the usual was; lithe original be not enrolled. but among the Corporution papers, it should be produced; but -till a copy ot it. proved to be such, should be produced, for very few eau read the original; and if the origival be in Latin, a translation, proved to be correct, should be produced. " N.H. I advise that a person should be produced to prove that he has made search among the Curporatioo papers, the records at the Rolls or Auditor-General's otlice, aud hi the Dirminghain Tower. tor any anterior patent, and that none such has been round. Good care should be taken to employ some one in this search alto has never heard of the charter of James the Second; and wherever he goes to seared, that charier should be kept out of his way, for it would greatly embarrass the case, and, in fact, falsify the pleas, which all state that slue, the charter of James the First the Cuiporation nave held under it ; and consideriug how the charter of James the Second has been repu- diated. it would not be safe or easy for the Corporation to plead they ever accepted or

held under it. • • • •

" It often happens that persons best acquainted with Corporation usages and rights are member- of the Corporation : to render them competent witnesses, they must first be disfranchised. I think, however. I should be disinclined to callais a witness any oue acquainted with the charter of James the Second, or who, at least, is aware that it was ever acted upon."

Mr. Butler moved for a copy of the opinion and advice given by Mr. Penne- father in the case of the King versus Kingsmill.

Mr. DII.Lox BROWNE seconded the motion. Lord Emox objected to this proposal to produce an opinion of counsel, and explained the facts— That the Corporation of Kilkenny claimed certain tolls in right of a charter granted by James the First ; that James the Second issued a subsequent charter, which the corporation of Kilkenny refused to accept, and never acted upon; that they felt it would not have been consistent with the rights which they conceived themselves to possess under the charter of James the First to produce the charter of James the Second, the validity of which they altogether denied; and that it was in that state of things that Mr. Pennefather, as their counsel, advised them not to produce a charter which could only have the effect of throwing a doubt upon their case. Mr. SHAW censured the motion as an attempt to overawe and defeat justice in the present State trial. He repeated the explanation just given; and insisted that no counsel would advise a client to produce evidence against himsel£ He concluded by reading an extract of a letter by Chief Justice Pennefather- " This motion is in its character quite in keeping with much that has pre- Ceded it. I have during the course of these trials, since their commencement, received letters of violent abuse, and very serious threats and menaces, both towards myself and my family. Public insult has been offered to me in my judi- cial capacity. But of none of this have I made any complaint : it could have no effect on me in the conscientious discharge of my duty ; though I feel the pre- judice and injury which are offered to the administration of justice."

Mr. Butler was supported by Dr. BOWRING, Mr. M. O'CONNELL, Mr. M. J. O'CONNELL, and Mr. BLawrrr ; opposed by Mr. DARBY and Mr. Breixaast Escorr. Mr. F. FRENCH, though originally in favour of the motion, was quite satisfied by the explanation.

The motion was negatived without a division.

IRISH APPOINTMENTS.

In the House of Lords, on Monday, the Marquis of CLANRICARDE drew attention to the appointment of Mr. Thomas O'Brien to be a Stipendiary Magistrate : that gentleman having signalized himself first as so violent a Repealer that he was expelled from the Association ; after which he tamed to the opposite extreme and vituperated Mr. O'Connell, calling him "a monster," "one only born to grace a gibbet or to fertilize a foreign soil," and the like. It has been said that he is a man of property, of family, and of a legal education : it should be a much greater source of pride to a man to be told that be is the first gentleman of his family, than to be known as the first of his family who is not a gentleman. Mr. O'Brien has two estates in the counties of Galway and Roscommon : Lord Clanricarde knew pretty well the rental, and he held in his hand a list of the judgment-debts recorded against that property in the public courts of Dublin. If Government were in want of persons to appoint, the seven Stipendiary Magistrates whom they had dis- missed had peculiar claims upon them. He moved a resolution, " That it is the opinion of the House, that to appoint as a Stipendiary Magistrate in Ireland a person who had published intemperate and violent expressions, and extreme opinions on those public questions which agitated the minds of the country, was calculated to disturb all confidence in that steady and efficient adminis- tration of justice which it should be the object of such appointments to insure."

Lord WHARNCLIFFE regarded the motion entirely as a party affair. He insisted that Lord De Grey was the proper person to judge of claims to the office; and argued that Mr. O'Brien was not to be held as per- manently disqualified for having written a foolish letter. He is a Roman Catholic, and it is desirable that persons of that creed should be convinced that there is nothing in the creed which disqua- lifies them from holding office: but then, it is necessary that they should not be engaged in treasonable transactions. Mr. O'Connell boasted that Lord Normanby had offered him the post of Chief Baron—[Lord NORMANBY dissented.] Mr. O'Connell had said so; and in that case he must have said what was not true. If Mr. O'Con- nell was a person in whom the late Ministers had confidence, they were perfectly justified in offering him a situation : if they had not confidence in him, then he must say, in his opinion, the offer of that situation was unjustifiable. The Marquis of NORMANBY explained the facts as to the offered ap- pointment. Mr. O'Connell, he believed, knowing at the time in question that the office of Chief Baron was vacant, had communication upon the subject with certain parties not authorized by Government, and did expect to be appointed to that office. Now he (the Marquis of Normanby) had had communication with bis noble friends then in the Cabinet, and his impression—an impression in which there was an unanimous concurrence—was, that the Chief Baronship, the office of a criminal Judge sitting at Assizes, was not an office which could be offered to Mr. O'Connell; that, however anxious the Government might be to secure his eminent services in a legal capacity, they could not yet make him such an offer as the Chief Baronship. This determination was communicated by himself to Mr. O'Connell. It might certainly have been the case, that, in his eagerness to disclaim any intention of accepting a judicial appointment, he had not clearly observed—at least not so clearly as he saw it—the distinction between the two offices of Chief Baron and Master of the Rolls. The assertion had before been made this session, [by the Earl of Haddington] ; he had before contradicted it; and at the same time he showed his noble friend a letter which he had written to Mr. Drummond, telling him the views of Ministers. The Earl of HADDINGTON corroborated that statement.

The motion was negatived without a division.

RAILWAYS.

On Tuesday, Earl FITZWILLIAM asked Lord Dalhousie whether Go- vernment objected to his motion for inquiry into the railway system? The Earl of DALHOUSIE said, he only objected to it, because the sub- ject had been investigated by a Committee of the House of Commons, whose final report would be presented to Parliament in a few days. The Committee recommended that all future railway-companies should pro- vide a convenient time of starting and proper travelling-accommodations for persons who went by the third class, in order that there should be none of the evasions and shifts which some companies had recourse to—such as travelling by night for sixteen hours a distance that should only take seven and a half, Itiathat standing. There was no doubt that they would also recommend such seipaa,„.as to be extended to existing railways. Another point which they Lad taken into znnsideration was the giving a company a perpetuity in the profits, to whatever unreasonable amount they might, in course of time, have swelled. They suggested it should be an indispensable condition in all future railroad companies, that at the end of fifteen years they should submit to the alternative, either of consenting to a revision of fares when the dividends were above 10 per cent, (and this was not looked upon as an extravagant profit, considering the great risk of such undertakings,) or allowing the Government to take the concern into its own hands at twenty-five years' purchase on the visible profits. With respect to competing lines, he should not give any opi- nion as to the best mode of proceeding; but he was persuaded, from the greet variety of local and individual interests in this country, that the plan which was in full operation in Belgium and half operation in France, that of Govern- ment pointing out what line shall or shall not be adopted, could not be put in force with advantage here. It was possible, however, leaving the construe.. tion of railroads to private enterprise, to invest the Board of Trade or some such body with the power of making a report to accompany each railway-bill, stating the possible amount of traffic, and the engineering difficulties, Esc of such a line.

MISCELLANEOUS.

A NEW WRIT was ordered on Monday, on the motion of Sir GEORGE CLERK, for Abingdon, in the room of Mr. Thomas Duffield, who had accepted the Chiltern Hundreds.

DISSENTERS CHAPELS BILL. In the House of Lords, on Thursday, the order for the third reading of this bill haying been moved, the Bishop Of EXETER begged to ask the meaning of the words in the bill, " the usage of the congregation." The Loan CHANCELLOR replied, that by these words he understood the doctrine which had been preached before the congregation in the particular chapel for a series of years. The Bishop of EXETER thee instanced a chapel in Cork where there were two preachers, one a Trinitarian, and the other an Unitarian, Unitarian doctrines having been artfully insi- nuated about thirty years ago; and he asked bow the " usage of the congrega- tion" in this case would be construed under this act? The LORD CHAN- CELLOR answered, that if the case put were true, the act would not apply to it at all ; but he had reason to believe that the case was a pure invention. The Bishop of EXETER would not accept Lord Lyndhurst's anonymous au- thority, in opposition to his own, the Reverend Dr. Neligan. Lord Moser- EAGLE said that the authority against the report was the Reverend Dr. Hinckes, who had been sent for to the chapel from an Unitarianestablishment in England. The bill was supported by Earl FITZWILLIAM ; opposed by the Earl of WINCHILSEA, Lord BENTON, the Earl of Moinsircasnar., and Lord TEYNHAM. The motion was affirmed, by 44 to 9; and the bill passed. MORTMAIN. On Tuesday, Lord Jona MANNERS obtained a Select Con. mittee to inquire into the operation of the law of mortmain and the expe- diency of revising the same. SUGAR-DUTIES. Lord Joists RUSSELL announced, on Thursday, that when the question of the Sugar-duties should come before the House of Commons, he would move to fix the duty on all Foreign sugars at 34s. per hundredweight.

IMPORT-DUTIES. Lord MONTEAGLE has given notice, that on Monday the 20th instant he will move for a Committee to consider the question of Import. duties.

ALLEGED BRITISH INHUMANITY AT ALICANT. On Tuesday, referring te a question asked by Mr. Borthwick on a previous evening, Sir ROBERT PEEL read a letter from Captain Drummond, the commander of the sloop-of-war Scout; who had been charged with refusing to receive the insurgent Bonet, when flying from the Spanish troops. It appeared that Bonet only once came on board the Scout, and, in his capacity of Governor of Alicant, offered the British officer any assistance he might require : but he had never applied in his distress; and the Scout left Alicant the day before it was en- tered by the Spanish Royalist troops. Mr. BORTHWICH only desired to elicit information.