31 MAY 1851, Page 2

hat n-O Ihntretings arlinuatt

PRINCIPAL BUSINESS OF THE WEEK.

Eovsx or Loans. Monday, May 26. Punjaub Booty; Motion for returns by Lord Ellenborough—Salmon Fisheries (Scotland) Bill, read a second time. Tuesday, May 27. Public-houses (Scotland) Bill, read a second time—Adjourned over King Charles the Second's Day, till Friday next. 'Friday, May 30. Committee on Registration of Assurances Bill, postponed to next Tuesday.

House Or COMMONS. Monday, May 26. Ecclesiastical Titles Bill further con- sidered in Committee ; Progress reported—St. Albans Bribery Commission. Bill. considered in Committee; six divisions ; Report brought up. 71maday,May, 27. The Ceylon Inquiry ; Mr. Baillie's Motion debated ; debate adjourned to Thursday. Wednesday, May 28. Coroners Bill ; second reading postponed for a month, and Select Committee agreed to—Audit of Railway Accounts Bill, considered in Com- mittee; Progress reported.

Thursday, May29, Ceylon Inquiry: adjourned Debate resumed and finished ; Mr. Baillie's Motion negatived by 282 to 202. .Friday, May 30. Lieutenant Wyburd; Statement by Mr. Disraeli—Order of Pub- lic Business stated by Lord John Russell—Metropolitan Sewers ; Bill promised by Sir George Grey—Ecclesiastical Titles Bill; the first clause agreed to in Committee —Colonial Property Qualification Bill, read a second time.

TIME- TABLE.

The. Lords.

Hour of Hour of

The Commune.

Hour of Hour of Meeting. Adjournment.

Meeting. Adjournment.

Monday

5h 711 45m Monday 4h- (m) 2h 15m

Tuesday

5h 6h lOsis Tuesday 4h ..001 21i Om Wednesday

No sitting.

Wednesday Noon 5h 55m Thursday No sitting. Thursday 4h (m) 2h 45m Friday ' lh 7h 30m Friday 411 121145m

Sittings this

this

'R mg, 3; Time. 6h 25m Sittings Ibis

this

Week, 5; Time, 43h 40m

Session, 57 ; - 10Ih Om-

Session. 68; — 4771i Lam

ECCLESIASTICAL TITLES BILL.

Discussion on the Papal Aggression Bill proceeded another day's jour- ney on Monday, but seemingly without any real progress. As the House went into Committee, Mr. BERNAL, the Chairman, informed it that the Committee at its rising on Friday " rested after the word thereby' in the first clause" - and when the House resumed, the question " that the first clause do stand part of the bill" had not yet reached a division.

The first clause of the bill in its most recent form.* makes " the said brief" [establishing the hierarchy in England] " unlawful and void." Mr. M'Cum...son moved to omit the words " unlawful and " : in that way they would escape the risk of making the exercise of spiritual functions illegal and subject to a penalty. The SOLICITOR-GENERAL opposed this : the illegality of the document is admitted, and these words will not im- pose any new penalty. Mr. FREDERICK PEEL confessed that his mind was in a state of so much uncertainty about the probable range of the operation of this clause, that he was disposed to support the amendment, or any amendment which would weaken the clause. The amendment was negatived by 179 to 43.

On the question that the clause do stand part of the bill, Mr. KEOGH made a long speech of general scope. He devoted himself particularly to instructing Lord John Russell in that discrepancy of opinion between Mr. Walpole and the Solicitor-General on the effect of the clause in ex- tending to Ireland, which was unintelligible to Lord John; and he also de- voted some argument to prove a discrepancy between the Attorney-Gene- ral and the Solicitor-General on the effect of the measure in making a new misdemeanour. Lord Jome RUSSELL replied on these points : although the clause is applicable to the United Kingdom, it will not in practice have any effect in Ireland, since it applies not to the notorious long-standing use of titles in Ireland, but only to new assnmptior.s ; and as the clause declares that to be law which no lawyer denies to be law, it makes no new law. This amendment was rejected by 84 to 39.

The next attempt was to introduce as a. proviso that which had been substantively rejected: Mr. KEOGH moved the addition-provided that nothing in the clause shall affect the "spiritual functions of the Roman Catholic Archbishops and Bishops in Ireland." Mr. ALEXANDER HOPE said, he had with pleasure supported the small minority who had so con- stantly fought against the present bill ; but though no contingency could present itself.to his mind in which he would vote with the majority, yet he regretted that the restrictive words "in Ireland" would prevent him from voting for this amendment. The rights of the religion of six hundred thousand ought to be held no less dear than those of the religion of six millions. He approved of the clause relative to the Scotch Bishops, but saw with sorrow that the Scotch Episcopalian clergy care nought for the condemnation of the Roman Catholics so long as themselves are exempt from adverse legislation. Mr. KEOGH, having heard Mr. Hope's objec- tion, was willing to substitute the words United Kingdom for the word "Ireland." Mr. ANSTEY thought the amendment unnecessary, but as it was proposed he supported it : he still hoped that Government will con- sent to expunge Ireland.

At this point occurred a little "scene" between the leading English Catholic Member of the House and Mr. Anstey.

The Earl of ARUNDEL and SCRE.Elf-" I wish to ask the honourable and learned Member, does he address the House as a Catholic or not?" (Cries of " Oh, oh !") Mr. Jimmy, upon rising to answer the question, was stepped by a general cry of "No, no !" He said-" If the noble Lord was in order in putting the question, I am in order in answering it. I should be sorry to retaliate upon the noble Lord, or to commit the unpardonable in- solence of putting such a question to any gentleman as the noble Lord has put to me. But, as the noble Lord expects an answer, I beg to tell him that. I am to the full as good a Catholic as he." (Cheers.)

At a subsequent period, when the discussion had been led by Mr. REY= HOLDS to points remote from the topic in hand, there was another scene.

*- See paga..487 of our last week!a number.. Mr. WAwse had repeatedly cried " Question] " and had been requested by Mr. Reynolds to go from behind Mr. Reynoldasto his own side of the Hoe", where, if, he intermintei, Mr. Reynolds...would ask the Speaker to call';Iiito ;maw Theeinteeruptions, were continued ; and Mr. REY.- Noms anquestediSt. Was tloseonductthimself with " sober propriety.' Mr, B, folds theminade *lawns of speech, inalleding to the proceedings. of the'llouse on-" Saturday ""instead "Iirticlay "I last. Mr. WAn'se-" I rise to order; Sir. I want to know whether the honour- able Member for Dublin is to speak truth or falsehood in this House ?" (General cries of " Order !") The CHAIRMAN-" The honourable Member for South Shields has made use of words which are clearly. disorderly."

Mr. WAwn-"I beg pardon of the House if I have said anything die- orderly ; but I want to ask you, Sir, or any Member of this House, what we. did- on Saturday night ?" (Great laughter.) Mr. REYNOLDS promptly, accepted the jocular turn, and quoted-the old saw against Mr. Wawn-"A chili may ask a question which it may puzsdee philosopher to answer : what were we all doing on Saturday night?" (Laughter.) Soon afterwards, Mr. Mooax attempted to speak; but being refused a hearing, he moved that progress be reported. Lord Join( Blossom re- monstrated at the attempt thus made to out shortdiscussion : the patience of the House had been remarkable. Mr. Moons withdrew his motion, and made his speech_ on the amendment. The amendment was negatived, by 344.to 59.

Another proviso was then moved by Mr. SADLEIR, intended to protect the spiritual functions of the. Roman Catholic bishops and clergy officiating in any "district " or overany "congregation " according to the usages-of the Church of Rome in the United Kingdom before the 29th September 1860. Lord JOHN RUSSELL said, the House had already debated and decided on this matter : there was no use in debating it again. The ATTORNEY.. GENERAL was again questioned on points which, he said, he had answered:. so often that he would not answer them again unless " professionally asked and professionally paid." The proviso was negatived by 278 to 47.. At nearly an hour past midnight, Mr. Kooen moved- another proviso; and Mr. REYNOLDS moved that progress be reported. Lord JOHN Rua- SELL thought it might be well that Members who had plainly been framing in the lobby new motions which were but repetitions- of rejected motions, should have an opportunity of reflecting on their conduct; as he thought they will not be inclined to repeat it when, they see that public- opinion condemns it. The House then resumed.

THE. CEYLON INQUIRY.

Mr. HENRY BAILLIR succeeded in bringing his Ceylon motion before- the House of Commons on Tuesday night. His resolutions embodied these declarations,-that the punishments inflicted during the disturbances in Ceylon, in 1848, were excessive and uncalled for ; that the severities exercised after the suppression of the disturbances Overe- at variance with the merciful administration of the British laws, and not calculated to secure the affection and fidelity of her Majesty's Colonial sub- jects ; that the conduct of the Governor of Ceylon in two specified instances was in the highest degree arbitrary and oppressive ; and that the conduct of Earl Grey in signifying her Majesty's approbation of the conduct of Lord Torrington was precipitate and injudicious, tending to establish precedents of rigour and severity in the government of her Majesty's foreign posses- sions, and injurious to the characterof this: country for justice and humanity.

Mr. Baillie prefaced his case by some. remarks on the proceedings before the Committee. On a statement made by himself, the House had. unani- mously resolved that a Select Committee should inquire into "the grievances, complained of in the Crown Colonies of Ceylon and British Guiana in-connexion with the administration of those colonies " and should report "whether any measures can be adopted for the redress of the grievances of which there may be shown just reason to complain," &e. But, after two years of in- quiry,-the Committee have not thought fit to inform the House whether any grievance exists in those colonies or not, or whether any means can be adopted for their better administration. Though Lord Grey had approved of the acts of Lord Torrington, the Committee devoted itself to protecting the Secretary of State, wholly regardless of the- fate of Lord Torrington. They would make no report ; but it was understood with Mr. Hawes- that Lord Torrington should be forthwith removed. (Mr. Hawes said " Ho, no !") Yes • it was hoped thus to do substantial justice to the inhabitants,of Ceylon with'out wounding the amour propre of the Colonial Secretary. Lord Hotham drew up a draft report recommending the reappointment of the Committee at the commencement of next session, "unless any measure-should in the mean time be adopted which might obviate the necessity of further investigation." Mr. Baillie asked Lord Hotham to explain what that meant. Lord Hothank answered, "It must be obvious what it means : I mean the immediate recall of Lord Torrington." Mr. Baillie turned to Mr. Hawes, and said, "Is that.the meaning you attach to the resolution ?" and Mr. Hawes replied, "Certainly, I attach that meaning to the resolution." The Committee theireatne to the extraordinary resolution of reporting the evidence, not to the House, but to the Secretary of State for the Colonies, into whose conduct they had virtually been appointed to inquire ; and that, too, in spite of the remonstrances of some of its members, whose opinion that such a course would be a breach of the privileges of the House has since been confirmed by the opinion of the Speaker. They took this course because letters of a private and confidential. nature had been laid before the Committee, which ought not to be laid before the public. Mr. Hawes himself set the example of publishing those-private and confidential letters, by moving a resolution to compel Mr. M'Christie to produce a letter from Colonel Braybrooke : but afterwards, when Mr. Wade- house was placed in such a position that he could not clear himself from a statement made behind his back to blasthis oharanteti without availing him- self of the benefit of a private letter from Lord Torrington, then the virtuous indignation of Mr. Hawes was roused; when the tables were turned, and the letter exposed the duplicity of Lord. Torrington, Mr. Hawes was heard ex• claiming, for the first time, " What ! would you open- a gentleman's private letters ? would you break open his writing-desk ?" The late-Sir Robert Peel was of opinion that the letter produced by Mr. Wodehouse ought to be. Fo- duced ; and he had stated that this was also the opinion of the-present Chief Justice of the Common Pleas.

Mr. Baillie reviewed the acts and proceedings ofthe Governor of Ceylon,. and the mode in which martial-law was enforced, in- order, to- enable the House-to judge whetherit -should back with its-approbation that &motion of these acts which Earl Grey has already: given.. The defimiticsr.of.martial•law given by the Lord-Advocate-cannot, with every respect and deference-for his . great learning, be accepted. He said martial-law was no law atall, but the absence of all law. It may be true that it is not written law ; but if not written, it is, like the common-law, fixed, and dependent on prece- dent; and an officer has no more right under it to look on the lives and fortunes of her Majesty's subjects, as placed at his supreme will and dis- posal, than a judge in,Westminster Hall would have a. right to cpusider the common-law whatever he chooses or fancies to make it There are two modes of proceeding, When raging and hostile armies are in the field, the proceedings must of course be summary : prisoners are then tried by what is called dram-head court-martial, and are executed on the spot, without reference to any superior authority. But in other oases there aro formalities to be observed Where a district is placed under martial-law for supposed disaffection or a rebellious spirit, the ordinary tribunals may or may not be suspended: if they are not suspetuled, the law is administered by the civil functionaries as usual ; but if they are suspended, the extraor- dinary tribunal must be regularly constituted,judge-advocates must be ap- pointed, and the sentences must be referred for approval to the commander- in-chief. Thiawas the course takenin Ceylon in 1817, when Sir R. Brovrmigg proclaimed martial-law : doubtless, irregularities then took place, but they were all in defiance of the express orders of the Commander-inschief. Here, however, what is complained of is that all the irregularities were carried on by the express order of the Commander-in-chief. Thu courts-martial established at Matelle, after the distutbanoes had been suppressed, were composed of young subaltern officers; and they tried all offences, including treason. The young of- ficers began with a very laudable desire to adhere to the forms and regulations usually adopted ; appointing a judge-advocate to assist the prisoners in their defence. Colonel Drought wrote to them, that. they were giving themselves unnecessary trouble; that they were "dealing too delicately with the ras- cals" ; and that a great deal too mush time was taken in detailing evidence, for it was " sufficient to find and to sentence." Ho told them thatjudge-ad- vacates were unnecessary and might be dispensed with, and that sentences. of transeortation were too light—death must be. inflicted ; and he told them to have the sentence "carried into effect on the spot, without reference to him- self or any other person." " This," said he, " is the law and the mode : have you no case for example on the spot ? " All this occurred after the suppression of the disturbances, and while the country was perfectly tran- quil; for during the progress of these acts detached parties of not more than ten, fifteen, or twenty soldiers, were proceeding all over the country from village to village seizing on every person and thing they could lay hold of, yetmeeting with no instance of resistance and not a single casualty. In- deed, at that moment the Governor himself was speaking, in public docu- ments, of " the late insurrection."

In connexion with the proceedings on these courts-martial, Mr. Bernie called attention to a misrepresentation made by the Colonial Office, amount- ing nearly to a falsification of documents laid upon the table of the House, and calculated to- mislead Members. In a return of the courts-martial, printed at page 270 in the Appendix, it is stated that Mr. Charles Stewart acted as Judge-Advocate upon fourteen courts-martial ; his name is delibe- rately inserted fourteen times : now Mr. Charles Stewart himself proves that he anted only four times. What does the House think of a great public department which resorts to such practices as these? (Mr. Ifitices—" Hear, hear ! ") Or if they are told that the subordinate clerks made such inser- tions without authority, what are they to think of the chief officer of a de- partment so conducted ?

The Governor acted towards the property as he acted towards the persons of the natives. Sir Emerson Tennant himself drew up the proclamation which declared that the property of all persons who had been "absent from home during the last twenty days without giving a satisfactory account" should be " forfeited and confiscated" to the Crown. These proclamations were retrospective. They have been defended on the ground that the confiscation meant sequestration : but in another document Sir Emerson Tennant himself plainly shows that he meant "confiscation." In a letter to the Governor he repeats a suggestion that had been offered to him, of "making over the estates" thus to be forfeited and confiscated to Malabar colonists, " who wadd gladly settle in this district on any terms the. Government might offer." Hundreds of these confiscations took place. Dullawah Mahe Nil- leme, an aged man, was the last survivor of the chiefs who ceded the Kan- dyari kivadom to the British Government ; he was the lay head of the Budd- hist religion in Ceylon. One of the most influential persons in suppressing the rebellion of 1817-18, and ever. since then one of our firmest friends, he was sent by Mr. Buller into the disturbed districts to use his influence in suppressing the troubles. He had no sooner arrived there than Captain Watson seized him, and sent him a prisoner to Kandy. Then, under the proclamation which confiscated his goods for being absent, though he was absent, at first as the agent and at last in the custody of the Government, his property was confiscated, and sold by auction. It was found that he was quite innocent ; he was liberated, and the sum which his property fetched was tendered to him less the expenses. He was too highminded to accept the compensation, and he died soon after of a broken heart. The case of Golahalla Ratahaimya, the richest chief in Ceylon was similar. He was a prisoner in the hands of the Government ; his house was plundered by a party of troops under Captain Watson's orders ; his corn and cattle wore earned off; the cattle were driven to Captain Watson's quarters, sold by auction at Captain Watson's door, and purchased by Captain. Watson himself, who, it seemed, had an estate in the neighbourhood which was in want of stock, and who thought it a very good opportunity of supplying himself. If these acts arejustified, it is right we should all know it. It is right that the governors of our distant colonies should know- what is the kind of acts for which. they are entitled to tho cordial approbation of the Colonial Office and the thanks of the Crown. Already-we find that these transactions have not been without their fruits. Sir Henry Ward, the Governor of the Ionian Islands, has not been slaw to follow in the footsteps of Lord Torrington; and he too has received the approbation of the Colonial Office. Such acts may, indeed, meet the approval of the Minister ; but they will not confer honour or credit either hpon the Government or the people of this country. It is right, indeed, that the people of Englandi who.are so.ready to condemn Foreign Governments for acts of severity to their-rebellious subjects, should learn to appreciate the severities of their own Government ; that they should learn to appreciate the sufferings- which British subjects have to undergo when they are faiaremoved from the parental eye of their Sovereign, and are handed over to the caprices of a Colonial Governor and to the tender mercies of a Secretary of State. Earl Grey expressly conveyed to Lord Torrington his general approbation "of the decision, promptitude, and judgment " with which he. acted ; and the Governmenehas since then used all its weight and influence against Mr. Baillie and Mr. Hume in their efforts to elucidate these transactions. The House would now decide whether the Ministers of the Crown are justified in making of such transactions precedents to be adopted on all future occasions by -those British afters whcrare called on to carry on public affairs in our Colonies. (Mr. Baidlia resumed his seat amidst general cheers.) Mr. Sergeant MURPHY delivered a speech of great length in behalf of his-personal friend Lord Torrington. Announcing himself as the expressly authorized advocate of the late Go- vernor of Ceylon, Mr: Murphy went in. detail over the same extensive field of justification which Lord, Torrington lately traversed in the House of Lords. He was " not instructed on the part of the noble Lord " to complain of the course taken by Mr Baillie ; " Lord Torrington did not desire him to im- pute any improper- motives to those -who chose to impugn his- conduct " ; but, as the House is engeged, in a purely judicial inquiry, " it should at least have been told of those points in the noble Lord's administration which cannot admit of any doubt as to their eminent success." Noting evidences of Loril Torringtonar financial successes, Mr. Murphy passed to the defence of the measurerradeptedne sunless the rebellion. The characteristic of-this- defence was a depreciation of the personal evidence which-impugns those measures. Colonel Braybrooke, who severely condemned the proceedings under court-martial at Matelle, was declared to be an applicant for military. command, who adopted his adverse views when his hopes of promotion were disappointed ; Mr. Selby, the Queen's Advocate, whose petition for the life of a prisoner he thought innocent Lord Toniugton refused with the memorable oath against the proctors, was described as a person who had graduated as a copying clerk at the Cape, and been foisted into the bar at Ceylon without say legal education ; the Ce Ion proctors were branded as men with itch- ing palms, who would not defend the prisoners whom they now pretend to think were innocent, because no fees were forthcoming ; Mr. Elliot, of the press, was described as a man of the most credulous turn, who believed anything however extravagant which told against the Governor, and in his articles made distinct suggestions of reliance upon the aid of the French. Mr. Murphy contended that the courts-martial were conducted with the great- est possible fairness; but if not so, there is not a tittle-of evidence that Lord Torrington was consulted, or ever sanctioned them. The proclamations of confiscation wore necessary to strike terror ; but actual confiscations, beyond. the two cases referred to, there were none. In case of a conunon magistrate acting within his jurisdiction, the presumption is in favour of the magistrate: the British House of Commons will not extend a less measure of justice to a Governor-General acting- as the sole representative of the. Crown at the other side of the globe, in a time of so great emergency. .

Mr. SEYMER, with a. deep sense of the importance of the motion, and of the responsibility of dealing with it in a partisan spirit, declared his opi- nion that the mode in which the Colonial Office and its supporters have endeavoured to discredit the testimony of adverse witnesses, by attributing to them bad motives, deserves strong condemnation.

Earl GROSVENOR defended Lord Torrington's policy, as rendered ne- cessary by circumstances. Mr. ROEBUCK reminded the House, that Ceylon is not a colony, in any proper sense of the term.

It is an outlying possession obtained by force and retained by force, densely peopled with old races, having fixed habits, and a religion and languages en- tirely different from our own : in such a ease, he who should stick to the in- cidents of constitutional forms would be forgetting the substance in a pedant- ic adherence to the shadows of government. Caution, prudence, and mercy there, might have been rashness, imprudence, and cruelty. Lord Torrington found the island. a wasp's nest in family compact : an angel of light would hare got into a quarrel there. The Imperial Government vacillated, and did not properly support him. The proceedings of the Committee disclose to the House a strange medley of bitter hate, of most unfaithful conduct, and of prying pestilent curiosity : its blue books might. satisfy the public that if all that enormous mass is required to prove Lord Torrington guilty, he must be, innocent.

Mr. Hume briefly replied to Mr. Roebuck, that the length of the in- quiry was solely the fault of the Government : although he has sat on many Committees, he never served on one where the Government took such means to prevent the elucidation of the truth.

It is plain that a vast quantity of evidence was " cooked" : Sir Emerson Tennant's admissions show that he sent circulars to all the officers as to the tone that their answers ought to take, and as to the points they should not omit. The Colonial Minister has sanctioned conasoations, robberies, and executions, without having one iota of evidence whether the usual forms and the customary humane precautions were observed at the courts-martial.

Several Members rose to move the adjournment of the debate ; but Mr. HAWES gained a hearing, just to meet the charge of falsifying docu- ments which Mr. Baillie had made. He explained, that the printer of the House has made the error of printing the word "ditto" under the four attendances of Mr. Stewart at courts-martial. The document has never been through the Colonial department, and- that department had nothing to do with preparing it or putting it before the Committee. Mr. 7:Ulises' observed, that it was satisfactory that a public office had been vindicated, but Mr. Baillie was justified in his charge. Mr. BAILLIE wondered that this extraordinary error was only found out that night, after the document had been published two months. Sir GEORGE GREY rose with warmth, and declared that he "blushed" for the House, that it contained a Member who would so persist in imputation after the explanation that had been given. Mr. BAILLIE appealed to the Chair. ' The SPEAKER decided that Sir George Grey .was not out of order. Sir GEORGE GREY would not repeat the word " blush," but he repeated his regrets. It was further explained by Mr. HAWES and Lord PALMERSTON, that the Colonial Office had nothing to do with the document ; and moreover, that the original is correct ; the only error having been made by the printer, and overlooked by " the Chairman of the Committee himself." Mr. IIAILLIE having explained, Sir GEORGE GREY frankly expressed regret at having wounded Mr. Baillic'e personal feelings. The debate was adjourned until Thursday.

The debate was opened on Thursday by Sir JAMPZ WEIR HOGG, in a speech which at great length opposed the resolutions, in justice to Lord Torrington himself and to the civil and military services of Ceylon, and " in pursuance of a deep conviction of what is necessary for the interests of the distant possessions of this country." Denying Mr. Baillie's statement that the Committee combined to shield Earl Grey, Sir James solemnly declared that he did not, know whose report was adopted, till he saw it printed and circulated with the Votes. Now that Lord Torrington is recalled, the motion is useless : why not rather attack some specific point in the policy of the Government, or tote " want of con- fidence" in them. The only point still in question was the question whe- ther or not martial-law was properly continued : the affirmative was sup- ported by all his Council except Mr. Selby, the Queen's Advocate ; and Mr. Selby was opposed by his own Deputy, a high authority,' who resided in the centre of the disturbed district, while aln. Selby resided .at. Colombo, had little knowledge of the interior, and had not had a legal education in this coun- try. It was impossible to resume the ordinary adminiStration of law imme- diately after the rebels were driven from the field, 'Tereus() in Ceylon the execution of process, and other police ditties, is intrusted to the "head-

men " ; and in i

instance it is part of the accusation that the rebellion was fomented by the priests, chiefs, and headmen. The courts-martial were attended by crowds of natives, and by a swarm of proctors, who would in- stantly and gladly hit upon any flaw. Lord Torrington and Cskinel Drought went over the whole proceedings in the priest's case, and were satisfied that the man was guilty ; and he afterwards confessed that he 'was an emissary of the Pretender. The irregularities in• the confiscation of property wero- indefensible' but there was no evidence to connect them with Lord Torring- ton; while Earl Grey had enjoined him strictly to observe as well as vindi- cate the law in any inevitable seventies, and to let moderation and clemency be the prevailing character of measures to suppress insubordination. than Sir James Hogg's. in a speech of still greater length Sir FREDERICK. TRESIGER followed, He began with a vigorous rebuke to Mr. Sergeant Murphy, who, "in- structed to appear" for Lord Torrington, had not confined himself to facts and arguments, but had made a violent attack on absent gentlemen whose evidence happened to be opposed to his case. Mr. Murphy had thought fit to disparage Mr. Selby; but " does he forget that at this moment we have a striking example before us in this country. of a distinguished individual who has attained the highest judicial position in the state without that regular training which it was the advantage of the learned gentleman himself to pos- sess? " He chastised the Ministerial expedient of cramming blue books to a size impossible to be read, while those who do wade through them may find proof of anything they wish—materials for creating any momentary impression. The simple question at issue was, the policy of the Colonial Office. On this ques- tion certain leading points stand out in bold relief,—the mode in which mar- tial-law was carried out and prolonged ; and the "entire unqualified ap- probation which Lord Grey gave to Lord Torrington from beginning to end of the proceedings." The disaffection might have been allayed at once by abolishing the taxes beforehand, instead of waiting to do it after rebellion. That the disturbances were not an organized and widespread " conspiracy," is proved by the language which the local officials used down to the time when Sir James Tennant issued his circular letter of instructions : they called the rebels "a rabble," and spoke of the engagements with the handfuls of the Queen's troops as "a slight brush" and "a skir- mish." And when martial-law was proclaimed, it was without any definite instructions as to the constitution and conduct of those terrible tribunals, courts-martial. Touching upon the details of the sentences and confiscations, Sir Frederick brought out the features of the one case in which Captain Watson confiscated property and did not account for a large portion of the proceeds of that property. ; and in which Earl Grey expressed no sort of reprehension either on the original illegality or on the subsequent irregu- larity of accounts. And martial-law, thus administered, was protracted long after the country, was perfectly tranquil. Sir Frederick adduced further proofs of that fact—and even after the natives had not only separated themselves from the insurrectionary objects of the headmen, but actually set on foot a pursuit of the fugitive Pretender, with the view of rendering him up a prisoner to the authorities. Glancing at the pleas in defence of that pro- longation, Sir Frederick conjectured that the motive was to continue the law until the Council should have passed the bill of indemnity for the illegalities. All persons would be disposed to make every allowance for a man placed in the difficult position of Lord Torrington,—a position to which he might be perhaps unequal, and to which he was certainly unused ; but the Colonial Secretary was not called on to net on the instant—he had time and oppor- tunity for deliberation. Yet Earl Grey, not censuring the Governor, had ex- pressly removed him for not being able to keep harmony among his sub- ordinates! If the House adopted that sanction, the decision would be- come national, and a fatal blow would be dealt at the character of the nation for honour and humanity. Mr. HAWES spoke with studious calmness ; complimenting in terms the most solemn the more eager of the independent supporters of the Govern- ment,—Mr. Sergeant Murphy, Mr. Roebuck, and Sir James Hogg, " whose opinions ought to have great weight" ; and contradicting the points telling most against Government. He denied that Government had assented to an understanding that Lord Torrington should be recalled. He denied having set an example of de- manding the production of private letters—Mr. M`Christie's were "pub- lic letters " ; the letters to Mr. Wodehouse were private letters—produced without the assent of the writer. He denied that because Lord Grey had promptly expressed approval of Lord Torrington's measures, that im- plied approbation of his whole course of action ; and he cited precedents in which prompt prim& facie approval had been given for military activities, in Ceylon, Demerara, and New Zealand, in 1818, 1823, and (by Mr. Glad- stone) in 1846, in terms very like those used by Earl Grey. In these cases, the military- officers are responsible to the highest military authorities if they exceed their duty. M. Hawes dwelt with emphasis on the mode in which the charges had been pressed against Lord Torrington, in Parliament and in the press, with a degree of violence and vindictiveness to which he rarely if ever knew the character of a public man exposed. Finally, he denied that Lord Torrington had written two letters of utterly opposite character to two different individuals : for " the letter of the 3d May was one of the most commonplace letters that could have been written ; and there is no authority for saying that coincidently with the same date Lord Torrington wrote a letter of a different tenour." Mr. GLADSTONE opened with a compliment to Mr. Hawes for his "fairness," and for the "refreshing freedom" of his speech from those personalities which had entered too largely into the debate ; and with a rebuke to Mr. Sergeant Murphy even more emphatic than the one admi- nistered by Sir Frederick Thesiger.

It was not one only whom he had attacked : it is now the Chief Justice, it is then Colonel Braybrooke, next it is the Queen's Advocate, then it is Mr. Elliott, and next it is Mr. M'Christie ; every person, in fact, whose testi- mony and whose opinions are inconvenient for his purpose, he chooses to dispose of by villifying his character. " I venture to tell him, that as the re- presentative of Lord Torrington, he pursued an injudicious course in found- ing the vindication of that noble Lord in almost every point of his speech on the vituperation of those employed under him." It would be unfair to pin to a word a man under the pressure of the great and often crushing anxieties of public life ; but Earl Grey's approval of Lord Torrington, in October 1848, was given when he had ample time to consider the Governor's conduct ; and on a recent remarkable occasion, in the House of Lords, he had distinctly adopted Lord Torrington's whole pro- ceedings. It was for that reason that Mr. Gladstone was prepared to concur in a vote of censure on the Government ; holding that in such cases, espe- cially where the government of a dependency is in issue, and the sacredness of human life itself, the Governor of a colony should be treated as a subor- dinate officer of the Imperial Government ; and that the House, not enter- ing into the paltry persecution of individuals, should debate such questions as Government questions. It had been called a "rebellion," and Mr. Hawes talked of the "sacking and plundering of towns." Two buildings had been destroyed—not more than two ; as had been done on Wednesday night in this country. (Great laughter at the allusion to this Tamworth riot.) But Mr. Gladstone con- ceded the " rebellion" ; and he instituted a searching analysis into the causes of that rebellion,—the sudden change of a fiscal system, the breach of faith regarding property connected with the religion of Ceylon, the re- versal of Sir E. Barnes's enlightened policy, which trusted the Budhist pa- triarchal relations of the people to their priests and headmen ; all of which made the rebellion such as might be more palliated than rebellion ever was before.

Mr. Gladstone point-blank denied Mr. Hawes's position, that for the pro- ceedings of the courts-martial the officers were responsible to the highest mi7itary authorities. "He ought to know better than I ; but be is entirely in error. The military authorities have nothing to do with what took place in Ceylon; and this I state upon the authority, of Lord Fitzroy Somerset himself, who, on being asked before the Committee whether it was not his duty to look into the proceedings of the courts-martial to see whether they bad been irregular, replied, Certainly not ; he had nothing to do with courts- martial unless they were held under the Mutiny Act. The fact is, that they were not courts-martial, in the ordinary sense, at all but merely military courts under the control of the civil authorities ; and if there were any irre- gularities it was the business of the civil authorities to have controlled them."

Mr. Gladstone concluded with a grave reference to the motives which ought imperatively to guide every vote on this occasion. "In my opinion, any gentleman who holds a seat in this House would do wrong to others and to his own conscience if he dared to vote, or to abstain from voting, on a question of this high and sacred nature, from any considerations apart from the question itself. (Some interruption.) Yes ; a question of this sacred nature, I tell the honourable Member for Middlesex—(Mr. Osborne was understood)—for I do think human life is a sacred thing. No consideration of political convenience or inconvenience—no desire to eject a Government or to retain a Government—will justify the Members of the British House of Commons either in refraining from a vote or in giving any vote on this question, except that vote which, after a due consideration of the circum- stances as laid before you, and with the best use of the means of examining them, shall be in accordance with the judgment which such consideration and examination can bring home to your minds as being conformable with truth and justice, and as being alone calculated to satisfy the high and ex- alted duties you are called on to perform, not only in the face of your own country and the British empire, but of foreign populations, who, admiring your glory, are envious likewise or at least Jealous of it, and on the watch to see whether those principles which you urge so strongly against them, in season and out of season—a regard to personal freedom and human life, and all the sacred principles which regulate human society—you apply equally and impartially to your own conduct ; and whether the House of Commons is ready to vindicate those principles even against those who occupy the ex- alted position of Ministers of the Crown."

The ArroRNIST-GENERAL taunted Mr. Gladstone with shifting the at- tack from the line which had been taken up by every previous speaker on the question. But this was not the first time he had seen Mr. Glad- stone take part in a debate where the personal character and conduct of individuals was at stake, and he was not unprepared for some shifting of the ground. The rebellion and the proclamation of martial-law are now abandoned : beaten from those points, the last hold is made on the too great severity and the too long continuance of the martial-law. Upon these points Sir Alexander Cockburn gave the House the benefit of his laborious examination of the evidence ; and of half-an-hour's lucubra- tion indulged in that morning. He particularly marked the wide dis- crepancy of statement as to the number of trials and executions, varying from one hundred and twenty up to three hundred and eighty : the real number of punishments for offences connected with the rebellion was but sixty-four.

Lord HOTHAM was prevented by the lateness of the hour from stating reasons why he could not agree with the mover of the resolutions; and limited himself to an explanation of his personal conduct as a member of the Committee.

Lord Row RUSSELL retraced the defence much as previous speakers had done, but with more neatness and effect. He extenuated Lord Tor- rington's conduct, as that of a person inexperienced in government, who found serious obstructions and dissensions where he might have expected aid and support ; and contrasted the prosperous state in which he left the colony with that in which he found it. Lord John made a counter-appeal to that advanced by Mr. Gladstone- " I would wish that none will join in this censure upon Lord Torrington, upon Lord Grey, and upon the Government, but those who feel that, looking at all the merits of the case, they have no alternative. I could wish that none should join in this vote but those who have considered this Colonial question, and who feel that they are bound to pronounce censure upon the late Governor of Ceylon, upon the Colonial Secretary of State, and upon the Government. If that be the case, I shall cheerfully leave the decision to this House ; believing, whatever that decision may be, that those rules and maxims that we have laid down must be the rules and maxims by which any Government will be guided which seeks to preserve this empire ; and that if any Government were to take the dastardly part of sacrificing a Governor because a clamour was got up against him with great perseverance and in- dustry, that Government, while it would be sacrificing the Colonies, would meet with the reprobation—the deserved reprobation—of the people of Eng- land." (Loud cheers.) Mr. Drsnesu summed up ; exerting all his critical force in exposing • the inconsistencies and flaws of the Ministerial ease ; declaring that ho had cut short his own attendance in the Committee because he found it embroiled in discreditable personal scrutinies ; and exhorting the House to decide upon the broad question, whether this colony should be well or ill governed.

Mr. BAILLIE briefly added some explanations ; and the House divided. The numbers were—

For Mr. Baillie's motion 202 Against it 282 Ministerial majority 80 The House rose at a quarter to three o'clock.

RAILWAY AUDIT.

In the resumed Committee on the Audit of Railway Accounts Bill, amendments were moved by Mr. ELLICE, and supported by Mr. Mowarr, Mr. AGLIONBY, and Mr. WILLIAMS ; opposed by Mr. B. DENISON, Mr. OSMAN RICARDO, and Mr. EVANS, with assistance from Mr. HENLEY on the ground that the amendments did not promise to "work " well. Mr. LABOUCHERE sided with the amenders, and was again attacked for not producing a Government bill. Mr. LOCKE defended the Government, and himself—the patron of the bill. Government did bring in their bill, and the directors got it withdrawn on a promise to introduce one themselves : they did not come forward with their own bill, because the shareholders would not have tolerated their scheme, and now they oppose the scheme proposed by the shareholders. Their policy is to prevent any legislation whatever. Mr. GLYN was much surprised at the course taken in respect to this bill by gentlemen connected with the direction of railways : this measure is not without defects, but it certainly carries out the views of the large body of shareholders, whom Mr. Locke represents. Mr. PETO considered that the opposing directors deserve at the hands of Govern- ment the most stringent measure that could be devised. He is chairman of two companies, and there is no act of his own or of his col- leagues that he is not prepared to submit to the searching examination of any auditors, highminded honourable men, whom the proprietors might appoint. Mr. PACIeB moved that the Chairman report progress. Mr. LABOUCHERE opposed this step, which would have the effect of disposing

of the bill in a very summary manner. On a division, however, this mo- tion was carried, by 62 to 56.

CORONER'S INQUESTS.

On the motion by Lord Hama VANE to read a second time the Coro- ners Bill, Mr. Frrzitoy moved as an amendment that a Select Committee be appointed to consider the state of the law and practice as regards Coro- ners' inquests. The increase of such inquests in late years has been very remarkable ; and there is great discrepancy of opinion between Coroners and Magistrates, and other public bodies, as to the cases in which inquests should be held, and as to the payment of the Coroner's remuneration. The amendment was seconded by Mr. ROBERT PALMER. Mr. Saranac*: suggested that the House should both assent to the second reading and read the bill a second time. Sir GEORGE GREY supported the amendment ; though ho considered the principle of paying the Coroner by salary, instead of by fees, to be sound : the details of the bill are unjust. Mr. WAKLEY seemed to oppose the bill : he taunted Ministers with having last year ap- proved of the bill, and now approved the motion of a constant, faithful, and determined opponent of the bill : for himself; if he had known the ordeal he should have had to pass through, nothing would have induced him to un- dertake the office of Coroner. Mr. DENISON opined that Mr. Wakley was only "imitating other public servants, in throwing out hints of resigna- tion without having any intention to act on them." In the end, Lord HARRY VANE offered to postpone his motion for the second reading till that day month, and allow the amendment to be carried as a substantive motion. This course was adopted; and Mr. Fitzroy's motion was agreed to unanimously.

THE PUNJAITB BOOTY.

The Earl of ELLENBOROUGH moved for returns, and an address to the Queen for the gracious presentation of papers, elucidating the steps which her Majesty may have been advised to take for the purpose of ascertain- ing the rights of the Crown over the state jewels and other property taken possession of at Lahore on the 17th September 1848, [among which was the Koh-i-noor diamond,] and over the booty taken by tho Queen's forces during the late campaign of the Punjaub. The drift of the motion, so far as its interest was general and popular, seemed to be a denial of the right of the Governor-General to award prize-money out of the above- mentioned jewels and other booty ; because those jewels and that booty were taken in war with her Majesty's forces, and not by the Company's forces alone ; a condition of circumstances in which the statute-law rela- tive to the Indian empire expressly reserves the booty to her Majesty's sole discretion. The Governor-General is the servant of the Company, and not the officer of the Queen. Lord BROVGRTON and the LORD CHAN- CELLOR opposed the motion, which they treated as the repetition of one made two years ago. They noticed circumstances taking this case out of the class in which the rule referred to by Lord Ellenborough is appli- cable. The jewels in question were legitimately ceded to the Company by the Maharajah of Lahore ; and so were at the disposal of the Governor- General, subject to their ratifying consent. [It will be recollected that the Governor-General presented the Koh-i-noor to the Queen.] The Duke of Wzm.rriorow gave his experienced testimony on the side of the view taken by the Cabinet speakers.