&hairs ne rnurIng in p r lt m ut.
PRINCIPAL BUSINESS OF THE WEEK.
"HOUSE OF LORDS. Monday, July 14. Crystal Palace—Horfield Manor Estate— Court of Chancery and Judicial Committee Bill ; Lord Brougham's Farewell to the Session.
Tuesday, July 15. Cape of Good Hope; Earl of Derby's Motion for a Select Com- mittee, rejected by 74 to 68.
Thursday, July 17. Oath of Abjuration (Jews) Bill; second reading negatived by 144 to 108.
Friday, July18. Importations of Foreign Flour ; Petitions for imposition of a duty —Inhabited House-duty Bill, read a second time. HOUSE OF COMMONS. Monday, July 14. Burial in London—Water Supply of London—Horfield Manor Estate—Supply Votes : New Zealand ; Slave-trade, 8:c.— Approaching Close of the Session.
Tuesday, July 15. Morning Sitting—Harwich Election; Mr. Crawford unseated —County Courts Further Extension Bill; considered in Committee. Evening Sit- ting—Select Committees ; Motion by Mr. Ewart, after debate, withdrawn—Milling Interest in Ireland ; Lord Ness's Motion for a Committee, negatived by 128 to 93. Wednesday, July 16. Metropolis Water supply; Lord John Russell's Statement —Harwich Election ; Motion by Mr. Bankes, for a Select Committee on Govern- ment interference at the last election, agreed to—Charitable Purchase Deeds Bill ; Committal opposed by the Solicitor-General, and bill withdrawn—Law of Evidence Amendment Bill, passed through Committee—Pharmacy Bill, withdrawn by Mr. Wakley—Victoria Park Bill, passed through Committee—County Courts Further Extcm.ion Bill, further considered in Committee. Thursday, July 17. Irish Business; Complaint by Mr. E. B. Roche that Govern- ment neglects it—Harwich Election ; Motion by Mr. Bankes that the General Com- mittee of Elections select the Committee, carried by 82 to 80—Committee of Supply : Hawlboline ; Motion by Sergeant Murphy for a Select Committee, rejected by 104 to 26—Biehop of Gloucester and Bristol ; Mr. Miles's Defence of the Bishop—Sup- ply: Mr. Urquhart's Amendment for reducing the Consular Estimate by 40001., ne- gatived by 143 to 53; other Votes agreed to. Friday, July 18. Mr. Alderman Salomons; ineffectual attempt to take his seat as Member for Greenwich—Supply : General Board of Health ; Working of the Encum- bered Eetates Act; Harbours of Refuge; Slave-trade Statements; Civil Contin- gencies; Foot-office Packet Services; Conclusion of Supply Votes.
The Commena. The
Mascot Hour of
Hour of Hoar of
Meeting. Adjournment, Saturday Meeting. Adjournment.
Noon 2h 30m Monday 511 Sh Om Monday 4h 111 Om .(m) Tuesday
6h .(rs) lb. Om
Tuesday Noon.... 3h 25a
5111 1211 45m Wednesday No sitting. Wednesday Noon 5h 97m Thursday Friday 6h .. 10h 5nt 5h .... 7h 45m Thursday Friday 4h .(m) lb 45m 4h .(m) 2h Om
Sittings this Week, 4; Time. 18h ions this Session, 80; — 162h 47ta GOVERNMENT or THE In the House of Lords, on Tuesda "That the papers laid before their- heir
Sittings this Week, 7; Time,47It 42rn — this Session, 109; — 7528 23m CAPE OF GOOD HOPE.
y, the Earl of DERBY moved, Lordships during the present and last
session of Parliament relative to the greeting representative institutions to the Cape of Good Hope be referred to aRelect Committee." wig a an apology for wlost Might to some appear to be a supererogation, though.it would'not be so to others, he rapidly sketched the past history of the Cape constitution, The colony. of the Cepa of Good Hope was one of the Crown Colonies ; whieh, having been acquired: originally by conquest, were subject to the authority of the Crown, and in which the Crown had the power of framing c.unstitutions, or rather of framing them to a certain extent, but with this limit, that having granted to the colonists certain concessions, it had no sub- sequent power to restrict those concessions, although it had the power of ex- tending them. The grant once made by the Crown became the inalienable right of the colony. At first the government was carried on by the authority
of the Governor alone; was afterwards assisted by an Executive Council to advise him ; in 183 that became the Legislative Council, nominated by the Governor and comprising a majority of officials. In 1842, a petition was sent from the Cape praying for a new constitution, to comprise a Governor appointed by the Crown, an Executive Council, and a Legislative Council to be elected by the people. Lord Derby, who [as Lord Stanley] was then in office, replied to this communication, pointing out difficulties in the adoption of representative institutions, especially such difficulties as arose from the diversity of races, from the recent emancipation of the Negro slaves, and the bad communication between the capital, Cape Town; and the remoter districts. He pronounced no final decision against the prayer of the petition, but in- vited further information and explanation.
Lord John Russell had recently alluded to this despatch, the allusionbeing based on another despatch by Lord Grey ; and Lord Derby took this oppor- tuhity of correcting a misrepresentation. The petitioners of 1842 asked that their petition should be referred to the Committee of Council for Plant- ations and Trade : but he objected to depart in that way from the "es- tablished system,"—meaning the system under which the Secretary of State for the Colonies is responsible for the Colonial measures of the Government. This reply, however, was thus grossly though no doubt unintentionally mis- represented by Lord Grey-
" The form of government thus proposed appeared to Lord Stanley, who was then Secretary of State, altogether at variance with the ordinary legislative system of British possessions, and he consequently declined advising her Majesty to refer the petition to the Privy Council."
In 1846, Lord Grey, then become Secretary of State for the Colonies, called for an answer to Lord Stanley's letter of 1842, which had been all that time neglected. Sir Harry Smith, who had succeeded to the government of the Cape, laid the despatch before his official advisers ; who were called upon to give their opinion, not as to the propriety of introducing representative in- stitutions, but as to the plan which would be safest and most practicable. Mr. Montague, the chief Secretary of the colony, set himself to supply the materials desiderated by Lord Stanley ; but could not refrain from expressing doubts "sate the likelihood of eliciting good government, for some time to come at least, from the exercise of representative institutions." Another functionary thought that "the peliod had arrived when representative government could be safely extended to the Cape of Good Hope"; ; a third, that representative government was "a bold experiment, but could not well be avoided." Mr. Porter, the Attorney-General of the colony, said, "it is an experiment, and one which none but a very silly or a very sanguine man can contemplate without anxiety." But all these official advisers were unanimous that there should be a Governor, a Legislative Council, and a House of Assembly, sit. ting in Cape Town, for the whole of the colony. Lord Grey, instead of act- ing on his own responsibility, referred the matter to the Committee of Coun- cil for Trade and Plantations; who at once hit upon a constitution entirely novel in its character, and not at all contemplated by the able official gentle- men who spoke with local knowledge : the Committee of Council suggested that the Legislative Council should be elective as well as the House of As- sembly ; and- that the Chief Justice should preside in the Lower House. The report was sent to the Government at Cape Town ; and the Governor was instructed that the details should not be included in the letters-patent, but should be supplied by the members of the Council on the spot.
In the interval, however, occurred those differences under which the Anti. Convict Association arose into being. Lord Derby felt that a great and grievous error had been committed on that point by her Majesty's Govern- ment; for when pledges were held out, under the authority of the Crown, that convicts should not be admitted into certain colonies except when their labour was asked for as a boon, as it sometimes was, and when, in the teeth of all the public bodies of the colony of the Cape of Good Hope' convicts were sent out to it and their reception was pressed—he would not say on a reluctant colony, for reluctant was not the proper word—but on a colony unanimous in refusing their introduction, there was no other mild expres- sion applicable to such transactions except that of great and grievous error. No error, he repeated, could be more great and grievous than to hold out, in the name of the Crown any expressions or pledges respecting boons to be granted or privileges conceded, and then to. recede from those pledges in spirit as well as in letter. The error on this occasion met with a grievous punishment, of which the example would be followed not only in the colony of the Cape but also in all our other colonies. The spirit of resistance had been evoked in a just cause, and had been carried to such an extent, that, after a vain resistance on the part of the Crown, its authority had been re- jected and lowered in the colony ; and not petitions, but threats and menaces, and even hostilities, had been directed against the Governor on the spot, which compelled him first, and afterwards the Government at home, to suc- cumb. To such an extent had the resistance been carried, that by dint of violence the Legislative Council was dissolved. Lord Derby rapidly recited the subsequent history of the colony : the re- tirement of the four unofficial members of the Council at the Cape,—with whose view, however, that they could only act as a constituent body, he dis- agreed; the new instructions from Lord Grey, that the Governor should go on if he had as many as six members of Council,—a course which Lord Derby believed to be illegal; and the discovery of new difficulties in the way of completing the new constitution. Governor Smith said that the vacancies could not be filled up without exciting a ferment in the colony : he offered, if Lord Grey wished it, to proceed with the residuary Council, or to complete the Council by new appointments; but he thought that the in- troduction of representative institutions would be more practicable if it were provided for by "some instrument to be issued in England." Lord Derby cited again Lord Grey's proposal to carry on the government with only six members, and to appoint the Chief Justice speaker of the second chamber ; the latter as a mark of his pertinacity, the former as a proposal decidedly illegal. Briefly referring to the opinion signed by Sir Fitzroy Kelly, Mr. Walpole, and Mr. Kenyon, Lord Derby left it to be expounded by a legal authority in that House whose opinion was entitled to still higher respect—Lord Lyndhurst. For himself, he concurred in the Governor's opinion, that the final and satisfactory adjudication of this question could only be given by the authority and intervention of Parliament. He re- gretted to say, that after what had occurred—after the colony had been called upon to try what amount of respect should be paid to the Crown, whose powers were practically exercised by the Secretary of State—after the colony had seen the authority of the Crown so set at nought, unless the consent of Parliament were men to the constitution sent over on the author-
ity of the Secretary of States, with whom a laree„ portion of the colony were en- gaged in an angry and hostile war, he believed there was little chance of such a constitution being aoceptable to the colony. To an act of the Imperial Legis- lature all sections of the community would defer ; and that alone would solve the problem that had threatened the whole framework of the colony with dissolution, more especially if a power were reserved for the Legislature, so to be constituted by a majority, to alter and amend the institutions which in the first instance should be granted with the authority of Parliament. For himself, he might have hesitated to grant so large a measure of repre- sentative government as that now proposed ; but as such a proposal had been made on such high authority, and as it had obtained the sanction of the colony and the implied sanction of the Crown, any danger or risk was to be encountered rather than not fulfil those expectations. The labours de- volving upon such a Committee need not be of long duration ; and even if it should add a week or a fortnight to the session, he believed that a small portion of the time of Parliament would be well bestowed by conferring it upon this distant colony—torn by intestine convulsions and distracted by ex- ternal war—weakened as it was by the disinclination of the colonists to stand by the Crown, towards which they were rendered disaffected by these dis- putes. The object he had in view was, that with the least possible loss of time a bill should be passed during the present session, which should settle
at once and for a lengthened period this most difficult and complicated subject. A curious scene here took place. Earl GREY and Lord LYNDHURST rose together. There were cries for the latter, but Earl GREY refused to give way. The Duke of RICHMOND moved that Lord Lyndhurst be heard : whereupon Lord GREY, turning to his friends on the Ministerial bench, said, "Move, move !" as if desirous that they should move that he be heard. The Marquis of CLANRICARDE rose to order, and said a few words
which were inaudible. Lord Misr() then came to the table ; but was in- terrupted by the Earl of DERBY, who wished for the convenience of the House that one part of the subject to which he had not adverted, that re-
lating to the law, should be supplied by Lord Lyndhurst ; and Lord LYNDHURST expressed his wish to say a few words upon that question, and that alone. But Earl GREY insisted upon addressing the House : he
was not competent to match Lord Lyndhurst on the legal question, but he should be better able to deal with the general view of the case just opened. Ile went on to say, that he concurred in much which had fallen from Lord Derby, but had failed to catch any reasons for the particular motion.
He attempted to show that Lord Stanley's reply to the petition from the Cape implied a strong opinion against the proposed change at that time ; and on the other hand, that Mr. Montague had, of his own knowledge and motion, expressed the opinion that there were only two forms of govern- ment which would practically answer in the colony—one which concentrated all the power in the Governor and his responsible advisers, and the other a bona fide and complete system of representation. The actual state of things, however, constituted that kind of half-measure which Mr. Montague depre- cated; and the only question was, therefore, how a representative constitu-. tion might be established, with least danger and the greatest probability of success. He should almost have shrunk from a task so difficult ; but he thought it best to refer that question to the Board of Trade and Foreign Plantations. In the ease of the Australian Bill that course gave great satis- faction in the Colonies ; and the result was, that the bill passed through Parliament by large majorities, without any essential alteration of the sys- tem originally proposed. Passing to the history of the letters-patent in 1850, he concurred in the censure of the four members who have resigned their seats in the Council.
He was inclined to believe that there was too much reason for entertaining the suspicion that the resignation of the four members was not occasioned by the ostensible cause, but by the fact of their being overruled on other questions of considerable importance by other members of the Council. They objected to proceed with the estimates,—contending that no pecuniary provision should be made for the public service until the Legislative Assem- bly should meet. Now, "if the new Parliament had been allowed to come in force with no salary fixed for the Governor or any officer under him, and without one shilling appropriated for the civil service of the country, the whole power, without check or control, would have been thrown into the hands of the new Parliament, representing for the first time a large popula- tion, some parts of which were in such a low state of civilization as to make the introeuction of representative institutions an experiment not without some danger. Now, in granting representative institutions to a colony, this prin- ciple had been acted upon, as in the ease of Canada and other ISforth Ameri- can Colonies and Australia, that there should be some provision made for the public service beyond the annual voting of estimates." Glancing at the opinion of counsel upon the question of legality, Lord Grey contended that it did not apply. His despatch of May 13 empowered the Governor to proceed with a Council of a reduced number, and the legality of that instruction is contested. Lord Grey admitted that the despatch was hastily and therefore to a certain extent inaccurately expressed, he having somewhat misconceived the grounds on which the Law-officers of the Crown considered the instruction legal. But the fault lay only in the expression. Lord Derby had cited the opinion of undoubtedly eminent lawyers; but it is
an old maxim in the law, that no opinion carries much weight with it unless you can see the case upon which the opinion is founded, and in the present instance, being formed upon a case in which the facts were utterly misstated, the opinion was completely valueless. In the case of Grenada, Lord Mans- field's judgment was founded upon the fact that the Crown had foregone the legislative power, and was therefore not in a position to resume it. But in the present instance, the Crowns instead of foregoing the legislative power, reserved not only the legislative power of Parliament, but also the full and entire power to legislate by orders in Council, "as fully as if these presents had not been made." In their opinion the counsel said, that "the letters- patent of 1847 conferred upon the colony a Legislative Council, constituted in part of official servants of the Crown, and in part of the independent mem- bers selected from among the people and there must be always at least four of such independent members." Now, the letters-patent did no such thing ; but only this—after stating that there should he two separate and distinct Councils, one to be called the Legislative Council, and the other the Execu- tive Council, the letters-patent went on to say— And we do direct that the said Councils shall respectively be constituted in such manner as in that behalf directed by the instructions herewith given to you, or ac- cording to such further powers, instructions, or authorities, as shall at any future time be granted to or appointed for you under our signet and sign-manual, or by our order in our Privy Council, or by us through one of our principal Secretaries of State."
Lord Grey agreed with Lord Derby, that the Crown ought to adhere to its promises, and fulfil them with as little delay as possible ; and he beg- ged to say, that it was the intention of Government that the institutions should be brought into operation at the earliest possible period. Nothing but the factious and vexatious conduct of the four retiring members of Coun- cil had prevented those representative institutions from being at this moment in full and complete operation. But Government must proceed in the manner Which they thought most fit and proper. The papers which had been sent home from the colony contained most complete information upon all the Points upon which information was necessary. With all these papers, he
entertained no doubt that there would be little difficulty in framing in this country draft ordinances for the completion of the letters-patent already issued ; and for this purpose, as he believed his noble friend at the head of the Government had already informed some of the gentlemen interested in the colony, the Government were prepared without delay to apply them- selves to the consideration of those draught ordinances, which would be transmitted to the colony as soon as possible. Ile was sanguine enough to believe that, with the means now at the disposal of the Governor, the Caffre war would soon be at an end, and that the only obstacle to the completionof the constitution would then be removed.
In the course of a good deal more to the same effect, Lord Grey said, that if he had really behaved so ill as to have lost the confidence of the colony, Lord Derby should move an address to the Crown praying her Majesty to place the seals of the Colonial Department in other hands. He 'ustitied the course now taken by that taken with Jamaica in 1661. He dou aed Cie ne- cessity of Parliamentary intervention, and deprecated the delay incidental to proceeding by Select Committee and bill. lie ascribed much of tit:, bad feeling in the Cape to Lord Stanley's measure respecting the emunciprtion of slaves in 1833, which provoked an insurrection in 1842-'3, suppressed by Lord Stanley after considerable loss of life on both sides. As to the sending of convicts to the Cape in 1849, it might have been a mistake ; but Govern- ment had been placed in a situation of extreme difficulty by Lord Stanley, who had brought Van Diemen's Land into such a state that convicts could no longer be sent there.
Again adverting to the gentlemen sent home as organs of a partieular party, acting in opposition to the home and local Government, Lord Grey told a talc ta illustrate the kind of intimidation used in the colony. A gen- tleman named Stanford—who had since been knighted [at the instance of Lord Grey himself] for his services—a man of remarkable energy of character, had retired from the army, in which he had served as an officer, and settled at the Cape as a farmer ; and by his perseverance he had acquired a large landed estate and property of considerable value. When this gentleman be- came acquainted with what was going On, lie went to the Governor and told him, that as long as he had any supplies he would not allow the gallant army to which he once belonged to be without, nor sutler the unhappy convicts in the Neptune to die a lingering death for want of fresh provisions, nor per- mit the sick sailors in the naval hospital to be deprived of the viands neces- sary for their recovery. Having a large stock of cattle and corn, and being a man of great energy, he succeeded in assisting the Governor in the way he had offered. What was the consequence ? He became a marked man, and continued to be so up to the present hour; for the Anti-Convict persecution did not cease with the withdrawal of thc order for the landing of the convicts, . but remained in force at this moment. The servants of this gentleman were intimidated ; nobody would buy or sell with him ; the grain of his crops nearly fell out of the ear before he could employ labourers, at an exorbitant rate, to reap them. He was left without money ; no banker dared to advance him a shilling, and his most intimate friends were afraid to furnish him with . articles of the first necessity. This unmanly vengeance was extended even his wife and children. Lady Stanford being unwell, the chemist refused to make up a prescription forter. On another occasion, one of his children was taken ill ; and the farm being situated a considerable distance from Cape Town, Lady Stanford was obliged to proceed thither for medical assistance and a nurse. Under these circumstances, the Anti-Convict party had the barbarity so to exercise their power that no livery-stable-keeper in Cape Town would furnish horses to take the distressed mother and a physician to the sick child in the country. It was not till late in the evening, and by the assistance of the Governor's secretary, that Lady Stanford obtained a earriage and horses to take her home. The case did not stop here. The child eventu- ally died, and Lady Stanford proceeded to Cape Town for the purpose of having it interred. She stopped at an inn by the road-side in order to feed her horses; and the innkeeper, although aware of the danger he iusiftcred, said that, haying children of his own, he would not refuse to aid a insther in distress. For this the vengeanse of the party was extended to the inn- keeper ; the travellers in his house at the time left it in a body ; and the man was ruined. The real object of those proceedings:was, not to exclude convicts from the Cape, for that had already been conceded, but to consolidate and confirm the power of a party, on which the success of the noble Lord's motion would operate as a direct encouragement; for he begged to inform their Lordships, that the ringleader of the Anti-Convict Association and the editor of the newspaper which had been the most efficient instrument in carrying out the atrocious system of intimidation existing in the colony, was the very Mr. Fairbairn who was at present in this country as the organ and representative of the party.
The Earl of MALMESBURY, in supporting the motion, made a vehement attack on Lord Grey.
Lord CRANWORTH supported Lord Grey's construction of the law.
Lord LYNDHURST explained the legal question more coherently, and also the grounds of the opinion of counsel. On their authority he stated that they had taken into view the portions of the letters-patent in 1847 on which Lord Grey relied.
The Cape of Good Hope was a conquered colony : the Crown therefore had power to make laws for it. After a certain time, and in consequence of the increase of the European population, it was considered prudent to give the colony a Legislature; and a legislative power was given to it by the name of the Legislative Council. If they looked to the constitu- tion of that body, they would find it consisted of two parts. It was consti- tuted of not more than twelve nor less than ten members ; six of whom were to be official persons dependent on the Crown, the remainder to consist of persons representing the interests of the inhabitants of the colony, and who were placed in the Council to form a check on that part of it nominated by the Crown, thus being a primary element in the body. It was evident that these persons had been so considered by the officers of the Government at the Cape; for when they came to discuss the propriety of extending or contracting the free element, they regarded it as an element to check the nominees and officers of the Crown. Thus the legislative body consisted of two parts, one arbitrary, the other intended to be a check on that arbitrary part, and representing the inhabitants. In the case of Grenada there had also been a conquest of the colony—the Crown gave a promise to confer a legislative authority on the colony, and issued a Commission which, in April 1763, authorized the assembling Of a Council in the colony whenever its cir- cumstances admitted of its meeting. The Council was not called till the end of the following year, and in the mean time the Crown passed a law to legislate for the colony ; but it was held this law was invalid, because the Crown had not reserved to itself any power of legislation, as it was said to have reserved in the present case. A most deliberate and comprehensive judgment was delivered in
popular element. That was an authority of the gravest kind ; the same general words were used—the case would be found reported among the State Trials ; the commission corresponded with this. Could these general words be interpreted as Lord Cranworth contended ? What! that the Crown should grant a free constitution today, rescind it tomorrow, reg,rant it again the next day, and so from time to time, according to the caprice and whim of succes- sive Governments ? But, supposing there were any real justice in this point, what was the case afterwards ? Letters-patent were issued declaring that the Legislative Council, so constituted, should continue to legislate for the colony until the writs for the election of members under the intended new constitution should be issued. Supposing the Crown could have exercised that power, here was an absolute grant that this Legislative Council should be continued in the form it then took, until a future period; here was an absolute grant of legislative power for that time; there was no qualification, no reservation, no restriction, but an absolute and entire grant for that time. Now, when the Crown granted a franchise or liberties of any description, whether to the inhabitants of a district or of a colony, the grant was irrevocable ; it could only be put an end to by surrender, by act of Parliament, or by forfeiture established by proceedings in a court of justice; and there was neither of these here. That grant, then, of May 1850, by which the then Legislative Council was to continue for the period pointed out in the letters-patent and not yet expired, whatever construction might be put upon other clauses of the Commission, deprived the Crown of the rio-lit of interfering till the arrival of the period referred to. But the noble and learned Lord said that there was a reservation of cer- tain powers to the Crown. When there was a reservation of this descrip- tion, the power could not be extended beyond the nature of the reservation. What was the reservation here ? Why, it gave a concurrent power of legis- lating. It did not import that the Crown might rescind the acts of the Le- gislative Council the words did not go to that extent, nor would they admit of it. The manner in which the power was to be exercised was pointed out in the reservation—by the Privy Council or by Parliament. But there was nothing of the kind here; nothing but instructions under the sign-manual. Instead of a Council having a popular element in it, the popular element was taken away ; instead of consisting of ten persons at least, the Council might consist only of six and those six be all official men. A free Legislature was turned into an arbitrary one. Deporting from the mere question of law, Lord Lyndhurst concluded with an eloquent peroration, calling upon Lord Grey to break through these un- certainties and perplexities, to complete the work at once, and seize the op- portunity of framing a constitution adapted to the colony ; so that the colo- nists might at least see it before the end of the Caffre war. Why not send out the constitution to be proclaimed as soon as the circumstances admitted ? It was to this constitution, these institutions, the people were aspiring. This simple course would restore peace and tranquillity. The Lona) CHANCELLOR amplified the special: pleading of the Ministet rial argument. One of his main pleas was, that the Grenada case did no- apply, because the letters-patent of 1847 were not the grant of a consti- tution, but only the promise to grant a constitution, and authorizing cer- tain measures for that purpose to be performed by the officers of the Crown. He called upon the House not to weaken the hands of Govern- ment. The carrying of the motion would be but a party triumph, and would increase the feelings of animosity which now existed in the colony.
The Duke of Anoym. did not believe that this motion bad been brought forward in a party-spirit ; but he felt unable to vote for it, and he would state the reasons.
This was one of the motions which had in itself no absolute meaning. Its meaning was entirely derived from the circumstances under which it was brought forward, and more orless from the parties by whom it was supported. To a certain extent also it derived its character from the observations with which it had been introduced; and he must confess, that having read the papers with the greatest attention, he must say that the narrative given by the noble Earl seemed most faithful. But although lie did not put the mo- tion as one intended to convey any vote of censure on the Government— although he said he wished to consider it on its own merits alone—yet the noble Lord who spoke third or fourth in the debate [the Earl of Malmesbury] did not fail to declare that the vote to which he was about to come was a vote of censure on the whole policy of the noble Earl. That observation would attach in the minds of others, and would necessarily at- tach in the colony to which the motion referred. Not only did he object to the motion of censure with reference to the affairs of the Cape on the ground that such a vote was hardly sufficiently deserved, but he most distinctly de- clared his opinion that, with the one exception of the convict case, about which some mistake had been made, but afterwards corrected, the conduct of the noble Earl towards the colonists at the Cape had been marked by the most liberal spirit. With regard to the proposed constitution, although he was not prepared to defend, because he could not approve of the policy of making the Upper House a partly elective body, yet on that ground he did not feel justified in coming to a vote which should iteply any want of con- fidence in the Government.
He severely censured the conduct of the four seceders from the Legis- lative Council, as factious and improper. Lord WHARNCLIFFE could not concur in a vote of censure ; but he was not satisfied with Lord Grey's assurances. Earl GREY repeated what he had said before ; adding, that with a Council of eight, Sir Henry Smith would find no difficulty in getting two additional members to give him the necessary technical and formal power to pass the ordinances.
The Duke of NEWCASTLE said, he had always felt convinced that the only way of settlino.' the question was by the Legislature of this country ; and nothing which had occurred during the debate had altered his Opinion.
He had been disappointed by the statement of the Secretary for the Colo- nies. If the noble Lord could have given an assurance that by orders in Council we could now send out to the colony not merely draft ordinances, but a constitution, then it would be better that it should be left in the hands of the Executive Government than to be taken up by either House of Parliament. But he thought the plan which the noble Earl had explained, although somewhat different from what he understood him to say in his first speech, would merely be throwing another apple of discord into the colony, and that at the next session it would be found that the constitution was no further advanced, and that the feelings of the people were more exasperated than ever. He was not sure that he would have risen at all at that late hour, but for a point which had been referred to by the noble Duke on his right, and his noble friend on the cross benches. One noble Lord especially gave a character to the motion, which it certainly did not admit of from the speech of the noble Lord in introducing it, or from the words of the mo- tion itself; but he was anxious to hear from the noble Lord some explana- tion of the course he intended to pursue if the House should graut the Com- mittee which he asked. He understood that the Committee was not for the purpose of reopening every question which had hitherto been agitated and debated in connexion with this subject. He understood the motion to be solely for a Select Committee to give counsel to the Government with respect to some bill to be introduced, and in the hope that it might pass without further debate. One noble Earl supported the motion upon totally different grounds, and, iti what the Duke of Newcastle considered a strictly party speech, said he should support the motion as a vote of censure upon the Go. vernment. He did not intend, to be degraded into giving a vote of a party character upon this occasion. He desired no vote of censure urn the Go- vernment. He desired nothing but legislation upon this subject, with a view to the settling of the differences in the colony ; and if he gave a vote it must be upon that sole ground. His opinion, that legislation was the only mode of settling the question, was based upon the two grounds of law and policy. He would not be so presumptuous as to enter into any question of law, or to say whether his noble friend (Lord Lynd- hurst) or the noble Lord on the Woolsack was right upon this question. But when two men of such eminence differed so completely as to whether the steps recently taken by Government were valid in law or not—when, moreover, the Law-officers of the Crown took one view, and men like Sir Fitzroy Kelly, Mr. Walpole, and Mr. Kenyon took another opposite view— there was a grave doubt as to the validity of what Government had done ; and it would be imprudent, nay all but suicidal, to allow such a doubt to re- main without some inquiry being made into the subject; otherwise every encouragement would be given to the inhabitants of the Cape to dispute the validity of the Legislature. But upon the ground of policy, legislation was the only way to settle this question. He had the assu- rance of the Governor himself, who was well acquainted with the country and the persons there, that it would be impossible to settle the matter in any other way; he stated in as strong a manner as he could, that this question must be settled in England. He said it would be impossible to revive the Legislative Council, and that any attempt to do so would only expose the Government to fresh and aggravated defeats. Upon these grounds he came to the conclusion that we ought to legislate. The Secretary of State for the Colonies opposed the proposition, however, because he thought it most objectionable to give those who had been carrying on a factious opposition to the Government a party triumph. The Duke of Newcastle concurred in that ; but he believed the course proposed would have quite the opposite effect. They had the bill drawn out to their hands, in the same way that bills were frequently submitted to Committees ; and he thought the peculiar circumstances in which the Government was placed rendered this form of introducing legislation justifiable, if not especially desirable. The Govern- ment was placed in this position, that, being obliged to submit to constant defeats upon questions of importance, it had not efficient control either to prevent or to enforce legislation. It was far better that legislation of this kind should emanate from individuals in authority, and under the sanction of the Committee, than as a bill introduced in the House by the noble Lord who stood in that House as the leader of a large party in opposition, or by any independent member of the House.
The Earl of DERBY characterized Lord Truro's reply to Lord Lynd- hurst as nothing but a play upon words, which should have been left to some junior member of the lower branch of the profession of which he was so great an ornament. Lord Derby intended to rake up no quarrels, he intended no censure upon Government or Lord Grey, no party motion : he believed legislation to be indispensable, and thought that a very few days would enable a Select Committee to lay a bill before Parliament which would obtain general approval.
On a division, the numbers were—
Content 68 Not content 74 Majority against Lord Derby's motion —6 SUPPLY: COLONIAL ITEMS.
The Supply Committee has been continued this week, on Monday and Thursday ; and various items have been voted. Amongst the votes which attracted debate, were those of 5000/. for the Falkland Islands, 15,500/. for Hongkong, and 20,0001. for New Zealand. The payment of these sums was objected to, and especially that for New Zealand, by the Financial Reformers, on the general ground, in the first and second cases, that these stations occasion useless expense; Mr. HUME significantly in- timating that "Spain and Holland always made their colonies pay their own expenses." The Hongkon gvote was carried, on a division, by 65 to the 39 who voted for a reduction.
The debate on the 20,0001. for the expenses of government, law, church, schools, public works, &c., in New Zealand, turned upon the money value of the colony to England. Why, exclaimed Mr. COBDEN, should the people of England be called upon to pay all these charges for people living at the Antipodes ?
Parliament should not go on wasting money where there was not the least prospect of getting a beneficial interest and return for its expenditure. Why should we pay for public works and roads in New Zealand ? Could not the emigrants pay for these if wanted ? What were we to have in return for all this yearly expenditure ? As to the commercial advantages of the colony, the English merchant would have none in New Zealand, where any one who sold cheaper could have the whole trade. Besides, New Zealand was not like a Tropical country ; as it possessed a climate like our own, and produc- tions like our own, we could never look for a large trade froth. it. He did not expect that this country would receive 5 per cent on what it had ex- pended in New Zealand.
Lord doms Russm, defended the vote, without reference to any profit and loss there might be on the transaction. He thought that in colo- nizing New Zealand, we were "doing one of those noble and heroic works " which it became us to do : we have relieved it from barbarism and the incursion of convicts, and endeavoured to bring it into a state of ci- vilization and Christianity. But he confidently expected that in a short time the colony would be able to defray its own expenses. The reduc- tion proposed by Mr. Hume, of 10,9351., was negatived by 50 to 23.
ACTUAL EXTINCTION OP THE SLAVE-TRADE.
In Committee of Supply, Mr. HOME having called for explanation touching the vote of 60,0001. on account of captured slave-ships, Lord PALMERSTON made a statement of his naval and diplomatic successes against the traffic.
On the coast of Africa, the trade may be said to have been almost extin- guished North of the Line, for the moment at all events, with the exception of the two points Lagos and Porto Novo. The propensity only survives among the chiefs : the people are learning to trade with us, and are anxious to extend the legitimate traffic in the products of the country. Besides oils, ivory, &c., hitherto exchanged, a good-priced cotton has lately been reared with such success as to promise a large supply to this country. The Portu- guese Government has cooperated with us heartily : at Loando and the other chief Portuguese stations on the coast, the slave-trade is so paralyzed that most of the slave-trirlers have suspended their business, and many have al- together tmusferred their ships, their capital, and their energies, to trade of a legitimate character. On the Eastern coast of Africa, the Imaum of Mus- cat has given us facilities never before conceded; the consequence has been, that in the rivers towards the Southern extremities of his dominions, where
a great slave-trade has hitherto been carried on for the supply of Brazilian and Portuguese traders, barracoons have been lately destroyed capable of holding several thousands of slaves.
On the coast of Africa, then, by the vigilance of our cruisers, by the effect of our treaties with native chiefs, (treaties, he was happy to say, observed almost universally with the greatest fidelity,) by the progress made by Li- beria, within the extensive territories of which country the slave-trade was suspended, and by the hearty cooperation of the Portuguese, French, and American officers,—for whose zealous, active, and intelligent aid, our Com- modore expressed the deepest gratitude,—very much indeed has been done towards effecting the great object for which this country has so long and so energetically laboured.
The chief point to which slaves hitherto went was Brazil. But early last year our cruisers concentrated on that coast, and Lord Palmerston addressed
earnest communications" to the Brazilian Government : "the consequence was," that the Brazilian Government, in September last, passed a law making the slave-trade piracy ; and otherwise exerted that vigour, and put forth that power in the suppression of the trade, which they ought long since to have exerted. In the last eight months they have almost extinguished the trade with Brazil; so that in 1850 the number was not one-half what it was, and in the first quarter of this year it will be hundreds in place of thou- sands. "In a word, the Government of Brazil has cooperated most efficient- ly with us towards effecting this great object. We have laboured under a great misconception in supposing that the Brazilian nation, as a nation, were clinging to this trade." The only persons active in promoting it had been certain Portuguese factors. There had been in the course of the last few years a powerful, active' intelligent Anti-Slavery party growing up in Brazil, acknowledged by the Government, supported by newspapers, and having representatives in the Parliament of Brazil. The result of all this was, that the Brazilian Government had lately employed several cruisers to cooperate with the British in seizing slave-traders on the coasts, in de- stroying barracoons' and in releasing slaves ; and many slave-dealers had been banished. As many as one hundred and forty slave-dealers have trans- ferred their capital to legitimate trade ; one, a member of the Fonseca family, had lost in consequence of the late active operations no fewer than eighty- one vessels, each of the estimated value of 25001., or nearly 200,000/. in all. Floating capital in Brazil, to the extent of 1,200,000/., previously engaged in the slave-trade, had been lately withdrawn from that pursuit and invested in a bank in Lisbon. (Cheers.)
Sir JOHN PAKINGTON observed, that an impression prevails that while the trade with Brazil has decreased that with Cuba has increased. Lord PALMERSTON stated, that the trade has been "reduced in Cuba, as com- pared with Brazil, to a very low amount." Mortality among the slaves has appeared to cause a display of greater activity ; but the Spanish Go- vernment has given assurance that they will do their utmost to prevent it ; and there is no reason to believe there has been "any great increase" of the slave-trade in Cuba.
There was much congratulation to Lord Palmerston after his state- ments, from Mr. DENISON, Mr. HUME, Mr. FORSTER, Sir THOMAS DYKE ACLAND, Sir E. N. BUXTON, Sir GEORGE Pscustr, and Lord HARRY VANE.
On Thursday, the LORD CHANCELLOR moved the second reading of the Oath of Abjuration (Jews) Bill. He reinforced the standing arguments on the case with long extracts from the writings of Vattel, Dr. Mendels- sohn a Jew, and Robert Hall of Leicester, to establish the natural justice of the Jewish claim, the liberal feeling of the Jews, and the Christian spirit which ought to animate a charitable legislation. He called upon the Peers of England not to "harden their hearts" against the Jews, like Pharaoh. In the course of his speech Lord Truro provoked a general burst of laughter, by asking, in reference to the social conduct of the Jews, "did they not furnish securaks ?"
Earl NELSON opposed the bill, on the ground, that although the words "on the true faith of a Christian" were not introduced into the abjura- tion oath on purpose to exclude the Jews, still, being there, they have been used for that purpose in two subsequent acts. He moved that the bill be read a second time that day six. months.
The measure was supported with a very considerable reiteration of the usual arguments. Lord WODEHOUSB objected, however, that it was limited to Jews, instead of admitting all religious persuasions without any religious tests. The Archbishop of DUBLIN argued, that true Christi- anity does not meddle with temporalities or "the things that are Omni's," even though Caesar should be an idolatrous emperor ; and that it is not right to restrict the free choice of Christian electors. The Earl of CARLISLE concurred. The Earl 6f WICKLOW would not exclude Jews where Socinians are admitted; and he blamed Government for having narrowed the scope of their bill. The Bishop of Noumea considered the spirit of exclusion more prejudicial than beneficial to Christianity. Among otheislarguments, the Duke a ARGYLL made a practical suggestion. A noble Earl said, "If the words were not in the oath I would not wish to insert them, but being there' I am not prepared to strike them out." What was the reason assigned by the noble Earl for his reluc- tance to strike out the words?—Because the act would appear, in the eyes of the people, an abandonment of Christianity. The force of the ob- jection, as far as it went, must be admitted by all ; but might not the ob- jection be removed by instructingThe people m the historical fact, that the words were not introduced into the Oath for the purpose of establishing any principle, and that their omission would involve no abandonment of prin- ciple?
The opposition was supported hy the Earl of SHAFTESBURY mainly with an amplification of the argument at whieh the Duke of Argyll had glanced, that there ought not to be the slightest yielding in the principle incumbent on the British Legislature, to make all its laws, directly and indirectly, in accordance with the Church of Christ ; for Christianity is the Alpha, and Omega of all public and private morality, and the Jews are necessarily Anti-Christian. The Earl of WLNelirt£3EA. would not renounce the Chris- tian character of Parliament. Lord ABINGER and the Earl of GALLOWAY concurred.
The LORD CHANCELLOR briefly replied ; and then caused much laughter by the briskness with which he moved from his place in the House to the Woolsack, as if he were anxious to prevent any one else from speaking by instantly putting the question. The numbers were—
Content [present, 60; proxies, 48] 108 Not content [present, 82; proxies, 62] 144 Majority against the second reading 36 HORFIELD MANOR ESTATE.
The Bishop of OXFORD brought before the House of Peers, on Monday, the charges which have been made by Mr. Herman and others against the Bishop of Gloucester and Bristol in respect of the Horfield Manor estate.
Bishop Wilberforce went over the whole of the charges, and repeated in expanded detail the answers to them which Dr. Monk himself lately made by a letter to the Times, the substance of which we transferred to one of our Topics. In reference to the principal position maintained—that the llor- field estate did not come into the Bishop's hands under any sort of engage- meat—Bishop Wilberforce quoted a resolution by the Board of Ecclesiastical Commissioners, dated 13th July 1848. " Present—the Arelibb.laqi of Canterbury (in the hair), the Earl of Harroubv, the Bishop of London, the Bishop of Durham, the Bishop of Chichester, the Bishrip of Gloucester and Bristol, the Bishop of Oxford, the Bishop of Salisbury, the ItiLritt lion. Henry Goulburn, the Right Ilon. Sir James It. G. Gialunn. The BishoP of Gloucester and Bristol having pressed the Board to an early se ttlement of the pend- ing negotiation concerning the liorfield estate, and expressed his desire to be set free from his agreement unless it can be speedily arranged, it was, after full elis.ms- sion and reference to the Secretary, resolved, That the Bishop of Gloucester and Bristol, having been under no obligation, legal or equitable, to deal with the Newfield estate otherwise than with any other estate of his see, and having made with regard to it liberal offers to the Board, the Board are anxious to avoid all needless del,- in bringing the negotiation to a close, and desire their Secretary to communicate this wish to the Law-officers of the Crown.'" In reference to the charge that on the dropping of Dr. Shadwell's life the Bishop renewed the lease of Horfield, made his secretary the nominal lessee, and put into the lease the lives of his three children, Bishop Wilberforce thus defended his friend, who is still absent from England, owing to severe illness. " Why, he had done this to carry out all those improvements on the Horfield estate which from first to last he intended. He had laid out large sums of money in enfranchising the copyhold tenures upon it ; he had spent much on this estate, and as yet had received nothing; and besides all this, he had given up a living which he held in commend:an. When he entered into the negotiation with the Ecclesiastical Commissioners, he offered to dispose of his interest in this estate for 11,000/. The mode in which he intended to appropriate it was well known, and did him the highest honour. Some years ago, he lent a sum of 50001. to establish a classical institution in the vicinity of Bristol. Ile had not given that sum to the institution—for his fortune would not permit him—but had made provision that under certain contingencies his children should receive it back again. Circumstances had occurred which rendered it problematical whether they would receive it back again. He had therefore arranged that 5000/. of the sum which he had already mentioned should be devoted to that institution, and that 60001. should go to endow small livings in the city of Bristol."
Bishop Wilberforce had told his friend that he would lay before their Lord- ships any written communication of his friend : his reply was this-
.' Those who know me will believe that the same feelings animate me now as be- fore ; but I will not at this time enter into any promises or engagements. Those who wish to know my particular views and intentions must infer them front what I have already done. ' Spectemur agendo.' I have surrendered an equivalent church in- come. I have expended a good deal, and have committed myself to expend a good deal more, in the permanent improvement of property to which the reversioners con- tribute nothing; and I have signified may intention to endow the living at the first avoidance with the rent-charge. It is true that I have ulterior views, should my life be spared long enough ; but I will not specify them, nor will I at the present time make the least further promise or engagement. You know the bitter and un- scrupulous warfare by which I am assailed. It is impossible for me to say or do any- thing, however disinterested, to which a bad colour would not be given; and were Ito make any promise with regard to Horfield at the present moment, it would infayibly be attributed to fear of him who has determined, per fan atlas nelits, to destroy my character."
In conclusion, the Bishop of Oxford assured their Lordship; that the ex- pression of their sympathy would be dear to his right reverend brother ; who, without friends or patronage, had by the force of his learning and ability raised himself to eminence in the Church and in society ; who, sick in body and depressed in spirit, at an age almost reaching the period assigned to man, is unable to defend himself in person against the unrelenting persecu- tion to which he has been so long exposed ; and who, under the unexampled misrepresentation of which he has been made the victim, would feel it one of his highest gratifications to find that he still retains the love and admira- tion of their Lordships. Ile moved for all the papers on the subject.
The Bishop of LONDON felt, from an intimate friendship of forty-five years, that the Bishop of Gloucester, during the short remainder of his days, will do nothing to discredit the high character which he has achieved in a well-spent and virtuous life. Lord CAMPBELL felt that the well- reasoned and well-proved statement of the Bishop of Oxford would remove every particle of suspicion from the well-earned reputation of one of the most kindhearted and generous of men. The Earl of Ilaanowny regret- ted that there is in any quarter a desire to presume evil of those of whom we ought to presume everything good. He could not consider those friends of the Church who do everything in their power to degrade the Church. In this case of the Bishop of Gloucester there is nothing to blame, nothing to question.
The papers moved for were ordered.
The subject was adverted to in the House of Commons on the same day ; the explanations given by the Bishop of Oxford having been at- tended by Members of the Lower House. The question, however, made no advance ; only Mr. Puma. MILES undertook to defeni the Bishop if necessary.
The Committee of Supply, on Thursday, afforded Mr. PHILIP MILES an opportunity of making his promised defence of the Bishop of Glouces- ter,—still substantially the same with that indicated above. But Mr. Miles made out some new points. For example, he showed that Mr. Murray admitted the possibility of entertaining an opinion that the Bishop had a moral as well as a legal right to renew the Horfield lease. He made out that Bishop Gray and Bishop Allen would probably have renewed the lease, if a snlicient fine had been offered. In retaining the Horfield estate, and at the same time surrendering an incumbency in Northamptonshire, the Bishop retained an income of 515/. and gave up one between 700/. and 800/.
Mr. HORSMAN adhered to his opinion, that these answers on special points were no answers to the printed evidence on which he relied, and which showed that there was an understanding. He had also the testimony of Mr. Gray, son of Bishop Gray, and of Mr. Rich- ards, Perpetual Curate of Horfield, that Bishop Gray and Bishop Al- len did not attempt to renew the lease. Mr. Herman admitted some inaccuracies in regard to date ; but adduced passages in the blue book to show that he was justified in making one of his remarks, which the Bishop of Gloucester and the Bishop of Oxford denied. [Mr. MILES ad- mitted that the passage in question did justify the remark.] Mr. Hors- man proceeded into a general statement, to show that the Bishop had manceuvered between leases, commendams, and the reports of his income to the Ecclesiastical Commissioners, so as to retain a larger average in- come than the one for which he stipulated,—namely, 7282/. in lieu of 5000/. It was true that the Bishop had not granted the lease to his were-
tary on three lives of his own children ; he had granted it on the lives of three of the youngest children in a family notorious for its longevity— the Royal Family ; and Mr. Finlaison calculated that such a lease might nearly equal in value one for seventy-two and a half years. Mr. Hors- man denied that he intended to attack the individuals; but it is only by individual examples that great abuses can be exposed and rooted out ; and he wound up with a passage designating the Bishops as marauders and despoilers of the Church.
Mr. GLADSTONE replied to this speech. Ire expressed his hearty con- currence, abstractedly, in Mr. Ilorsman's sound ideas of episcopal duties, and of the unworldliness with which the Bishops ought to discharge their office as trustees of the Church and of the poor : but our political system forces upon them altogether a different order of ideas ; it contemplates a close connexion between the Bishops and the world—between the Bishops and the views of the Minister. Having that legislative system in exist- ence, it is unfair to come down upon the men who are not the creators but the creatures of the ,system. Mr. Gladstone went into several of the figures, for the purpose of showing that Mr. Herman had been guilty of inaccuracies which were most unfortunate and inconvenient. For in- stance he had reckoned within fourteen years an aggregate surplus over the Bishops' stipulated receipts of 34,0001., "from episcopal sources alone" ; whereas the sum included the revenue from comruendams. Mr. Honsmix acknowledged his omission of the commendams.] Mr. Gladstone showed other inaccuracies. He admitted that the Bishop had acted in accordance with the existing system ; but he had done so with liberality, with munificence. Sir JAMES GRAHAM added his testimony that the Bishop had acted in the manner which he conscientiously believed most conducive to the in- terests of the Church ; and Sir ROBERT INGLIS stated that the Bishop of Gloucester has applied 10 per cent of his revenues to the augmentation of small livings. After a few more Anti-Episcopal sallies from Mr. AGLIONBY, Mr. WAws, and Mr. LENN-IRD, the subject dropped.
The first reading of the Court of Chancery and Judicial Committee Bill having been moved by the Marquis of LANSDOWNE, the opportunity was taken by Lord BROUGHAM, in his "last address to their Lordships this session,'" to deliver some criticisms on the bill, and earnest recom- mendations on the general subject of law reform.
He entirely approved of the bill in its general features. But in respect to the quorum, four is a better number than three. The experience of West- minster is in favour of four ; the peculiarity of which number is, that every decision must have the great authority due to at least three to one. During the last eighteen years the Judges have only once been divided two and two ; and in the Judicial Committee this consequence will be easily averted by calling in another member. He approves also of a change in the pre- sidency of the body. The president of such a body should be answerable for the regulation of the proceedings, for the attendance of the members of the court, and the distribution of its business ; duties which a lay president could not well undertake.
The measure is a step—not a great or a long one, but still a step—in the right direction. But there is one want in it. No provision is made in it to supply a very material defect in the appellate jurisdiction. In cases which rarely occur, but which have occurred, and which are likely to be of mole frequent occurrence, namely, eases involving spiritual questions of a highly important nature, of an exceedingly difficult nature, and which very often, with reverence be it spoken, are of an exceedingly obscure nature. They of the Judicial Committee are admirably adapted to deal with the Common Law, with questions of Colonial Law, with cases from the Consis- tmial Court, and embracing the learning of the Civil Law. It is a tribunal well adapted to deal with questions of evidence—whether that which is de- serving of the name, the evidence taken at common law, or that which passes under the name, which is taken, or which appears to be taken, in courts of another description. But with regard to those other matters which his noble friend the Lord High Commissioner of the General Assembly of the Church of Scotland, who dared to hold an episcopalian:conversation during the non-sitting of the session, [Lord Belhaven was at the moment conversing with a bishop, I would admit, were spiritually difficult questions, the Judi- ciul Committee had a confused authority; and his brethren had authorized him to confess that with those subjects they felt themselves wholly unfitted to deal. Upon this class of subjects they desiderate control. They do not want to be dictated to, but they wish to have what it is right they should have, the aid, the inestimable benefit of the assistance of learned men in that branch of the law.
Having thus disposed of the bill before the House, he passed to more general statements and recommendations. If any man thought that this or any other structural alteration in the Court of Chancery—if any man dreamed that such a measure laid the axe to the root of the greatest and most grievous of the many crying evils that afflict the subjects of this country— if any dreamer, he repeated, believed that any structural alteration of the Court of Chancery would do all that was wanted, such a dreamer was in a fool's paradise, and would awaken in the morning to a sad reality that would belie all that he had fancied in his slumbers. If the axe were not laid to the root of this crying and unbearable evil—if, to use the words of Lord Chatham on another occasion, they did not reform themselves, the people would come in upon them and reform them from without with a ven- geance ! Ile wished for no rash and imprudent changes : lie had con- stantly maintained that to make reform wholesome it must be safe ; and that reforms of the law, to be safe, must be left in the hands of skilful and well- informed men, without suffering the rude and the ignorant to interfere. But in proportion as that reform was delayed which was wanted and exi- gently required—if their Lordships should no longer do their duty in admi- nistering relief where it might safely be given—then he said that the re- sult would be inevitable ; that the good would be swept away with the bad, and that, having the good and the bad swept away together, the jurispru- dence and the judicature of the country would be put in a state and reduced to a condition of ruin such as to afford a sad spectacle of the vanity of human plans and the instability of institutions, and to supply a wholesome warning to those who, from a fear of granting moderate and safe reform, exposed their Lordships to the dangers of a violent revolution. He trusted that, in- stead of stopping at this measure, the other House would adopt the valuable measures sent down from that Mouse, and particularly one of the most im- portant measures that had ever passed through Parliament—he meant the County Courts Extension Bill, to which might be added the Law of Evidence Bill. If these bills were adopted by the wisdom of the other House of Par- liament, they would greatly diminish the evils of the present system. To those measures might be added a reform to which the public mind was be- ginning to be directed, and which had the sanction of some of the most learned men—namely, the adoption, as far as possible, of the combination of latwo systems of Equity and Law, by what has been called, after the ex- ..erience twhere obtained of its working, "the fusion of the tr Tenches
of the system." Be hoped that those who axe _younger mould have the happiness of seeing this among others .of the greatost improvements
prudence adopted, adopted, so that they might at length say that a real and effectual progress has been made towards the amendment of the law.
Nothing should have tempted him to take so unusual and unprecedented a course as to address their Lordships on the motion that this bill be-roads first time but that during the last bye or six ■weeks he had with the utniost difficulty, and against the I/pinions of his medical advisers, attended the-ser- vice of their Lordships' HOUSO. During the last week or ten days this diffi- culty had increased and become more severe. In the hope of assisting in the passing of this great measure, in a cause to which his life had been de- voted—(Cheers)—he had struggled to the last, until he found he could strug- gle no longer. It was with great pain that he was compelled to withdraw himself frolic their Lordships' Rouse, when he considered that the great cause of religious liberty, in more shapes than one, was in danger, and when he desired to cooperate in the philanthropic measures of his noble friend the Earl of Shaftesbury. It was a great pain to him to leave the service of the House at such a Lime; but it was his bounden duty no longer to incur the risk which he had not hesitated to run when he thought it absolutely ne- cessary. The LORD Cnexcati.on uttered a speech which began and ended with
sneers. 1.1e was aware of the many defects in the court over which he presided— defects which were the growth of time, and which had existed during the period when his noble and learned friend and others had held the great seal. Commissions have been appointed ; and his learned friend, knowing the character and ability of the gentlemen who compose them, will no doubt de- rive considerable comfort from the confidence he must feel that their recom- mendations will be followed by some-effective measure of reformation. The present hill addresses itself to the remedy of a particular evil, namely, to prevent the recurrence of the inconvenience which was felt to arise last year nom the absence of several of the learned Judges in the courts of Equity in consequence of illness. It does not profess to go further ; because, as the Commission to which he alluded is in actual operation, it was thought better to wait for the report with a view of then applying a general remedy for existing defects. Considering that the noble and learned Lord had presided over a court such as he had described, the details which he had given certainly entitled him to great sympathy.
Lord BROUGHAM observed, that he had striven to apply as much-re- medy as he could to the defects justly complained of; having brought in a bill in 1831.
He should like to know when steps would be taken to turn to public ac- count the Criminal Law digest. It was thirteen months since he received a letter from the Chancellor of the Exchequer stating that no time would be lost in doing so. Were proceedings in respect to that to be conducted with the same snail-like pace as business in the court to which he had just di- rected their Lordships' attention ? No reply was given. The bill was read a first time.
[Next day, before leaving town' Lord BROUGHAM gave evidence before the Committee on the Master's Jurisdiction Bill. He is reported to have said-
" Though he regarded the measure as well calculated to effect a most im- portant improvement in the proceedings, and to remedy some of the greatest evils now complained of, he was very far from considering it as sufficient to meet all the mischiefs of the system : that could only be done by making the Judges of the court work out their own decrees, sitting in court to hear important matters of a general nature with the aid of counsel, and disposing of matters of detail by sitting in chambers. This change involved the ne- cessity of increasing the judicial force of the court, and dispensing with the Master's Offices, which would become superfluous."]
LAW BILIS IN THE HOUSE OF COMMONS.
In Committee upon this measure, on Tuesday, the ATTORNEY-GENERAL failed in carrying the 13th clause, which gave banisters the right of ex- clusive audience in cases above 20/. and under 501. He proposed it on the ground that a combination to exclude barristers exists among the at- tornies ; who had agreed, as he was informed, in refusing to "instruct" counsel. Ile also drew collateral support from the admitted expediency of keeping the two professions distinct. Mr. FrrLaur opposed the clause : the bar, he said, had no right to restrict the public in the choice of an ad- vocate. Sir GEORGE STRICKLAND and Mr. HENLEY took similar views. Finally, after long debate, a suggestion of Mr. CARDWELL was framed as an amendment, and adopted.
It declares the proviso of the 9th and 10th Victoria to be repealed ; and it enacts that, "it shall be lawful for parties in a suit, or for an attorney of one of the superior courts of record, retained by or on behalf of the parties, or for a barrister retained by or on behalf of ihe parties, or for any other person whatsoever, by permission of the Judge, to address the Court with- out right of exclusive preaudience, but subject, notwithstanding, to such rules and regulations as the Judge may think fit to prescribe for the .or- derly transaction of the business of the Court."
It was stated that the effect of this would be, that suitors might ad-
dress the court either in person or through the agency of an attorney, or through that of a barrister ; that barristers might be primarily instructed without the intervention of attornies; that one attorney might employ another as an advocate ; and that an attorney primarily employed would be liable to an action in case of negligence.
The Committee was continued on Wednesday ; when Mr. CROWDER moved a clause repealing the limiting of the Court of Appeal to the l'uisne Judges, and enacting that in future all appeals should be heard in term by the Judges of the Superior Courts, and in vacation by any two or more sitting as a Court of Appeal. Sir JAMES GRAHAM opposed the clause, on the ground that the present arrangements respecting appeal work very well. The clause was agreed to. Mr. CROWDER moved two more clauses, but carried only one, which gave power to the Judges of
he Superior Courts to make general orders regulating proceedings upon appeals. The Chairman reported progress.
Earlier on Wednesday, the House went into Committee on the Law of Evidence Amendment Bill. The main object of the measure is to allow persons to give evidence in their own case; a proposition which the AT- TORNEY-GENERAL supported with very close and practical argument. Mr. Ilesncav and Mr. CROWDER took a leading part to give the principle of the bill a fuller extension, and some of their suggestions were adopted. The clauses of the bill were agreed to.
Ilium TENANTS AND GOVERNMENT.
At a noon sitting of the Commons on Saturday last, the principal busi- ness was the third reading of the Civil Bills &e. (Ireland) Bill; and the proceedings were not without interest. The bill received determined op-
position from the Tenant-right section of the Irish Members. The "no- tice to quit" clause, the 73d, embodied the objectionable element of the bill. Mr. Straamast CRAWFORD appealed to Lard John Russell, and hoped he would not give additional power to the Irish landlords until the whole of the law of landlord and tenant had been considered. Other Members took the same view ; Mr. REYNOLDS denouncing the Irish land- lords, with "some honourable exceptions," as the "most cruel, heartless, and persecuting body of men that ever existed in any part of the globe." Lord Jona RUSSELL defended the bill and the particular clause.
It would, he mid, be an "advantage" and not a "hardship" to the te- nant; and he thought the House agreed with him, as in Committee the clause in dispute had been carried by a majority of 56 to 20, those figures comprising a majority of 23 Irish Members to 18.
As to the law of landlord and tenant, "he had to say that the extreme views held by some persons in Ireland, amounting to this—that the pro- perty of the landlord should be transferred to the tenant, and the perseve- rance with which they had attempted to carry out that policy, prevented the application of remedial measures on the subject." All that Ministers could do would be to give facilities by which landlords and tenants who enter into agreements would have the security of improvements that were made.
The bill was read a third time ; and the opposition was renewed on the question that the bill do now pass. Mr. M‘Curzaan moved as an amend- ment, to omit from the 100th clause the words "other than in ejectment and replevin." After more debate about the Irish landlords, the amend- ment was negatived by 51 to 6; and the bill passed.
IRISH MILLING INTEREST.
Lord NAAS moved, on Tuesday, that the House would on a future day resolve itself into a Committee to take into consideration the state of the milling interest in Ireland. He supported his motion by a statement showing a great decrease in the exports of flour from Ireland, and a cor- responding inorease in the imports especially of French flour ; and he ar- gued that those large and unrestricted importations threatened the mill- ing interest with ruin and threw numbers out of employment. He en- deavoured to show, that while the rich gain 18. per hundredweight, the poor lose 18. 10d. per hundredweight by purchases under the present sys- tem. He pointed out the advantages enjoyed by the French, of grind- ing foreign corn in bond for exportation ; a process which they conduct at less cost than we can, because they are protected, and labour is cheaper In France than in Great Britain. He roundly admitted that his motion amounted to a vote of want of confidence. He wanted to know how many more interests were to be ruined before gentlemen opposite would give up Free-trade ? Mr. LAW/COHERE replied on the part of the Government. He rested his opposition mainly upon Free-trade principles ; but he also attempted to show, not that individual millers had not suffered, but that the millers as a class have had as much to do since the repeal of the Corn-laws as they ever had before. He produced a set of figures to show that the in- creased importations of wheat were much larger than those of flour. In explanation of the suffering of individuals, he specially referred to a change in the trade which had been going on for some time.
In the part where he resided in the West of England, there were several mill-proprietors, who found that their property had entirely vanished. Steam-mills had been established iu the principal seaport towns, and their business had been taken away by more capital and better machinery. There were great milling establishments in this metropolis, especially that of Messrs. White, near Blackfriars Bridge, into which great improvements had been in- troduced. Competition had operated as a great stimulus to the milling in- terest. In one of the Government departments at Deptford, an ingenious pa- tent had lately been introduced, which had been found to work exceedingly well.
Lord Naas had spoken of injuries inflicted on particular classes of the community : Mr. Labouchere said that was an inevitable result attending all changes, even from bad to butter. But he contended that on the whole the condition of the mass of the people has been much improved.
Lord Naas was supported by Mr. JOHN STUART, Mr. ANsrev, Mr. NEWDBGATE, and Colonel DUNNE ; and opposed by Mr. E. B. ROCHE and Mr. J...MES WILSON. There was a great tendency on the part of the Protectionists to run the debate upon the general issue of Free-trade or Protection. On a division, the motion was negatived by 128 to 93.
METROPOLITAN WATER SUPPLY.
In answer to a question which Mr. THOMAS DUNCOMBE put on Mon- day, Lord JOHN RUSSELL, OII Wednesday, stated the course which Go- vernment intend to take in respect to the supply of water for the Metro- polls— Seeing the lateness of the session, and the protracted inquiry by the Com- mittee to which the Government bill had been referred, it was not the in- tention of the Government to proceed with the bill on the subject of the water supply of the Metropolis in the present session. At the same time, it was very desirable that the Committee should proceed with their investiga- tions, and, at the close of the session, should have the power to report their opinion to the House with respect to the general question of the water sup- ply of the Metropolis. He thought it was likewise desirable that they should report the evidence, and, if they had it in their power' to report their opi- nion and the evidence : he thought the House would be in a state to proceed with a measure regarding the water supply of the Metropolis next session, with far better information and means of coming to what he trusted would be a useful and beneficial decision, than they were at that moment.
Before leaving town "to administer justice in the country to her Ma- jesty's subjects," Lord CAMPBELL fired one more broadside into the Crys- tal Palace,—presenting a petition very numerously signed by the in- habitants of Kensington for its removal. The petition was signed by Mr. Justice Cresswell, "a lawyer, a scholar, and a gentlemen, who has been an ornament to his profession and his coun- try" ; by several ladies, among others by the venerable mother of a noble Lord below him, by the sister 0 Lord Auckland, and by many other ladies of rank ; M fact, by all the respectable inks ).•4111.• except a few publicans and keepers of beer-houses, who profit by the 1-ewd of visitors •, and by all the local clergy, on the ground of public morality. But he should leave town without anxiety, for he could not suppose that their Lordships would assume the prerogative of his Holiness the Pope and absolve the Govemment and the Royal Commissioners from the promises which they made solemnly and deliberately.
THE LAST HARWICH ELECTION.
The Committee upon the Harwich election finally decided, on Tues- day, that it was a void election, because the poll was closed before four 'O'clock, and in consequence, James Wood, a voter, could not record his vote. On Thursday, Mr. BANIERS moved for the appointment of a Select
Committee, nominated by the Committee of Selection, to inquire into the allegations of a petition relative to the last election. The motion was opposed, on the ground that the corruptions of Harwich were so well known that no further inquiry was needed : Harwich must be disfran- chised. Ministers conceded the Committee to Mr. Bankes, as their honour was concerned; but nevertheless a division was pressed, and the motion was only carried by 82 to 80.
APPROACHLNG CLOSE OF THE SESSION.
In conversation on a motion to report progress at twelve o'clock on Monday night, Supply votes being under consideration, the CHANCELLOR of the EXCHEQUER said, he had hoped the prorogation might take place in the first or second week of August ; but at the rate at which they were going on with the Estimates, the session must be continued to the middle of August. Members seem to have taken the hint : better progress has since been made.