31 MAY 1856, Page 2

&hers anh rnriug inVartiantrut,

PRINCIPAL BIJ5INES9 OF THE WEEK.

OF Loans. Monday, May 26. Indian Accounts ; Lord Albemarle's Mo-

tion—Marriage Law Amendment ill read a third time and passed—Procedure before Justices (Scotland) Bill rend a third time and passed—Appellate Jurisdiction of the House of Lords ; the Lord Chancellor's Bill read afirst time.

Tuesday, May 27. Danubian Principalities; Lord Lyndhurst's Questions—Fire- Insurances Bill read a second time—Military Establishments in North America; Lord Elgin's Motion for Papers. Friday, May 30. Peace Preservation (Ireland) Bill reported—Appellate Juris- diction (House of Lords); the Lord Chancellor's Bill read a second time.

Roma OP Colrxess. Monday, May 26. Joint-Stock Companies; Mr. Lowe's Bill reported—Partnership Amendment (No. 2); Mr. Lowe's Bill read a second thne—Sir W. Williams's Annuity Bill read a second time—Public Health Supple- mental Bill read a second time—Reformatory Schools (Scotland) Bill read a third the and passed.

Tuesday, May 27. Mr. Pollok's Case ; Sir M. Shaw Stewart's Explanation— Irish Church Temporalities; Mr. Miall's Motion.

Friday, May M. The Militia; Colonel Gilpin's Complaint—Carobridge Uni- versity; Mr. Bouverie's Bill reported—Counties and Boroughs Police Bill read a :third time and passed—lieformatory and Industrial Schools Bill read a third time and passed—Factories ; Colonel Patten's Bill read a third time and passed.

TIME-TABLE.

The Lords.

The Commons.

Hour of Hour of

Hour of Hour of

Meeting. Adjannunent.

Meeting. Adjournment' Monday Its 611 43ni

Monday

4h DO 215 Om Tuesday 3h 715 30na Tuesday ah (in) lh 3001 Wednesday No sitting. Wednesday No sitting.

Thursday No sitting. Thursday No sitting.

Friday 311 815 3m Friday ih .(m) lh 15m Sittings thisWeek, 3; Time, 715 2nm Sittings this Week, 3; Time, 28h 43m this &lesion. 56; — I35h 33ea this Session, 66; — 492h 3m

MILITARY POLICY HT NORTH AMERICA.

The Earl of ELGIN, in moving for copies of correspondence relating to the military establishments to be maintained in British North America, and of a report on the beat means of organizing the Militia, entered into a somewhat diffuee statement, going over the pending difficulties be- tween England and the United States, as well as the question of military establishments in North America. He referred to the reports current from time to time respecting- the angrnentatinn of our sea and land forces in the West Indies and in British America, and the report respecting arras supplied to Costa aka. Explanations had been given on these points, and.he hoped to have further 'explanation with respect to the in- tentions of Government in North America. There are certain persons in the United States, mostly foreigners, who display an unpardonable jea- lousy of England, but the people generally desire to maintain friendly relations with la. Yet if angry discussions go on and people are led to think a collision inevitable, the peace cannot be maintained. Our Go- vernment, led by controversial zeal, has assumed positions, especially on the neutrality-laws, diametrically opposed to our real interests. On the Central American question, we have put the most restrictive interpreta- tion on the Clayton-Bulwer treaty, in order to maintain worthless rights. This controversy ought to be speedily -brought to an end. With regard to Canada he said, that when he went there in 1846, he found 8000 troops in the country ; they were doing police duty, and while they remained no local force could be organized. The colony obtained self-govern- ment, and while they enjoyed its privileges they should bear its burdens. Among those burdens was the defence of the country. That applied to a state of peace ; but he fully admitted, that in time of war, so long as they had no veice in the Imperial Legislature, they had a right to look to the Imperial authorities for protection. The troops had been with- drawn in pursuance of a deliberate policy, and he hoped that policy would not be reversed. If the Government sent troops to North America for Imperial purposes, he should not oppose the measure ; but if it were intended to reverse the policy of the last few years, he should protest against that course. The Earl of Craneasnore, in replying to some of the remarks of Lord Elgin, said he was deeply convinced of the inconvenience, the danger of these discussions. The Government desire to maintain unimpaired the closest, the most cordial, the most sincere relations with the United States. Nothing has been done that should create a just ground of irri- tation. He restated the course taken by the Government in regard to the recruitment question ; contending that the most complete satisfaction had been offered to the United States for any unintentional offence ; but they -had not recalled Mr. Crampton nor the Consuls, as they did not think such a censure or punishment as that deserved. The laws of the United States had not been violated by any British agent ; and "no one will require of us to sacrifice our agents and purchase conciliation with the United States at the expense of shame and dishonour."

As regards the Clayton-Bulwer treaty, when Mr. Buchanan came over they heard for the first time of a new interpretation of the treaty. It was no longer looked upon as a prospective arrangement, and it was held that we had not fulfilled our engagements because we had not evacuated certain possessions. No independent Government could have agreed to an interpretation it did not admit, and an offer was made to refer the question to arbitration. To that proposal no answer had been received.

"I will only say, in conclusion, that I have heard with the greatest satis- faction the noble Earl—who is a far better judge upon these matters than I am—state that in all classes of society in the United States there exists a. most friendly feeling towards this country. That, I confess, affords nse the greatest satisfaction, because by certain public men, both in the Senate and in the Congress language has certainly been held which, if it had proceeded from any member of her Majesty' s Goveniment or from any independent mem- ber of this House in allusion to the United States, would have -been consider- ed, not only by your Lordships, but by the public at large, as being the lan- guage of those who wished to embroil the twcreountries in hostilities. There- fore, I say it was with peculiar satisfaction. I heard the noble Lord speak of the friendly feeling:which the great mass of the people of the United States en- tertain towards this country ; and I think they can have no doubt that the feeling is reciprocated by us. I believe there never has been a hostile feeling here against the United States ; and all those clouds which have arisen, and all those angry feelings which have manifested them- selves in consequence of the manner in which these subjects have been treated by the press in that country, have produced no real and certainly no lasting feeling of irritation against that country. II believe that the people of this country are anxious with the noble Lord that these discussions should be put an end to. I can assure him, that as far as it clepends upon me they shall be put an end to. Nothing shall be -wanting on the part of the Government, to bring them to a termina- tion; and I can only say, after the information which was received by the noble Earl the other day, to the effect that Mr. Marcy and I might settle these differences in half an hour, that I am ready to meet him in some island half-way between this and America, for the -purpose of accomplish- ing that object." (Laughter and cheers.) Lord PANMURE explained, that the Government had augmented the force in British North 'America solely on Imperial grounds. It is neces- sary that we should have in Canada, as in our ether colonies, a body of troops, not scattered over the country doing police ditties, but concen- trated in the main garrisons, where they will form an example to the Militia, as well as keep up their own training. The total of the' for-ce on its way will not exceed 4000 men ; a force that need not create the least alarm, nor be regarded as a threat. And I may mention, further, that there is hardly one principle in con- nexion with this subject, mentioned by the noble Lord, which has not been carried out by this time. In the first place, the Militia force of the country has been garrisoned at the points he has proposed ; in the next place, the military canals are maintained by the Government, and kept under their control ; thirdly-, the Provincial Militia has been organized, drilled, earl placed on a footing of great efficiency ; while, in the fourth place the Im- perial Government has made over a vast quantity of supplies and rininitioirs of war to the Colonial Government, as an encouragement to it to take into its own hands the defence of its own lands."

Earl GREY considered it of great importance that the world should be assured that the increase of forces lately sent to Canada has no reference whatever to the recent discussions between this country and the United States of America. Though he condemned the polity of the Government in the recruiting question, he could not see any probability of a quarrel on this point ; nor could he believe that any danger could arise out of the trumpery question of Central America.

The Motion for papers was agreed to.

THE DANUBIAN PRINCIPALITIES.

Lord LYNDHURST inquired whether it was true that, during the ab- sence of the GrandVizier, a Council at Constantinople had, reversed the decision of a former Council, with the distinct approval of Austria, The

effect of which as to prevent the removal of the Ilospodars before the representatives of the Maldavians and Wallachians met to alter the con- stitution?

The Earl of CLASIDIDON said, it had been agreed at Paris that two Divans should be held to form new institutions; that before they com- menced their proceedings the Hospodars should cease to hold office, and all foreign troops be withdrawn. As to the report mentioned by Lord Lyndhurst, he had seen it in a letter dated the 12th published in a news- paper; but his letters to the 15th made no mention of any circumstance of the kind, and the highest Turkish functionary now in this country said he was sure no such arrangement had been made.

THR Lunn Cannon.

A notice of motion on the subject of the Irish Church stood second on the paper for Tuesday night. Before it came on, Mr. STAFFORD sug- gested that it would be better to avoid a rancorous discussion on the eve of a holiday which should consecrate a forgetfulness of all disputes ; and he moved that the House should at once adjourn. Mr. Mum. looked upon this as an attempt to snatch from him an opportunity for which he had long waited. Lord PALMERSTON thought it would be better not to discuss the question in the present state of things ; but, as there was no other busi- ness to interfere with it he thought it would be unbecoming in the House to take away Mr. Miall's opportunity. Mr. Karma remarked that "this kind of sentimental interference would do no good." Mr. STAFFORD withdrew his motion.

Before Mr. Mill began, Mr. G. A. Hammiest moved that the fifth ar- ticle of the Act of Union should be read. This having been done, Mr. ArTALT. brought on his motion. He might be told that Ireland was tranquil; but could they rely on the calm ? If Maynooth were diaendowed, what would become of the tranquillity ? Our Irish ecclesiastical policy should be reconsidered in its essential principles. The execrable system of Protestant ascendancy has proved a dead failure. The Church establishment was a profound mis- take—an offspring of tyranny, a badge of conquest, a crime in the eyes of God and man. If they could not endow all sects, let them be impar- tial and endow none. He was reminded that the fifth article of the Act of Union contained a contract to preserve the Protestant Church : but as that article contained no mention of the temporalities, he contended that Parliament had a right to deal with them, and he laid down the out- line of his plan.

He would suggest that the constitution of the court which should deal with the property of the Church should be analogous to that of the Encum- bered Estates Court. Such a court would have all the powers of an executive commission, with the powers of a court of equity ; and he would vest in that court the fee-simple or reversion of all the endowments of Ireland. This court would enter into possession of the funds of the Ecclesiastical Com- missioners of Ireland ; and to it should be paid the sum now voted from the Consolidated Fund for Maynooth, and for the professors of Belfast College and the Nonconforming ministers of Ireland. He did not propose that the court should enter into possession of the property of the Irish Church, except upon the decease of each existing beneficiary. The first claimants upon the accruing fund would be those clergymen Who, from the disendowment of Maynooth or the discontinuance of the Begium Helium, or the abolition of Ministcrs'-Money, should be entitled to receive at the hands of the court whatever they now received, for the rest of their lives. The second class of claimants were the private patrons of livings, who pos- sessed a property of rather an anomalous character, but legally recognized. The third class of claimants would be those Protestant congregations which have expended money in the improvement of church property in their re- spective parishes. The court would act as a court of equity in deciding upon the validity of the claims preferred. When the fm.d became large, these claims ought to be met and satisfied. The sacred edifices he would leave in the undisturbed possession of Protestant congregations. The land and estates, glebe-houses, &c., the court would be empowered to sell. There would be more difficulty about rent-charges, for it would be necessary to maintain a machinery for their collection ; but he would authorize the court to dispose of them to the landlord, who might for ten or twelve years' purchase redeem them for ever. He would give a portion of the results of the sales to hospitals, lunatic asylums, and reformatories; and he would give a portion to the Board of Works, to be employed in constructing piers, harbours, lighthouses, in deepening rivers, and fully developing the great natural resources of the country and bettering the condition of the people.

He asked the House to go into Committee to consider the temporalities of the Irish Church, and other pecuniary provisions made by law for religious teaching and worship in Ireland.

For some minutes the House seemed inclined to divide at once ; but at length Mr. KIRK opened a debate by speaking against the motion. The debate, however, languished. Mr. LINDSAY, Mr. POLLARD-URQU- HART, Mr. W. J. Fox Mr. HADFIELD, supported Mr. Miall ; and op- posed to them were Fox, Nswnscars, Mr. G. A. HAMILTON, and Mr. NAPIER. Mr. STAFFORD would not argue the question, but he challenged some member of the Government to get up and state what course they intended to pursue. However they kept the House in the dark as to their opinions, if Mr. Miall pressed the question to a division they could not avoid giving their votes. What did Mr. Reisman think of the ap- propriation of the property of the Irish Church ?

Shortly afterwards, Lo Pesansitsrost answered the challenge ; say- ing, he supposed the Opposition desired to know the opinions of the Go- vernment as a guide for themselves. They had been led into a religious discussion, but he would confine himself to the political part of the ques- tion. He could not agree with those who attach no value to the fifth article of the Act of Union. If it mean anything, it means that the Church of Ireland must be maintained in harmony with the Church of England. That, however, does not prevent you from dealing with the Irish or the English Church, if you deal with them not to destroy but to support them. Endowments are given for the purposes of religious in-

structionl and there can be no perversion of endovrments so long as they are possessed by the ministers of the established religion of the country.

The property of the Church belongs to the State. The real question raised, however, is establishment or no establishment. He held that an established church is essential to the wellbeing of a country. As to the plan proposed by Mr. Wall, in all probability something better than that could be devised if it were determined to abolish church establishments. He should vote against the motion.

Mr. JOHN MACGREGOR attempted to speak, but the House resolutely refused to hear him.

On a division, the motion was negatived by 163 to 93.

APPELLATE JURISDICTION.

On Monday, the Loan CHANCELLOR lad on the table a bill to make better provision fur the discharge of the Appellate Jurisdiction of the House of Lords, which had been framed in pursuance of the recommend- ations of the Select Committee.—Read a first time.

FARTNEBSHIP Law.

Mr. LOWE moved the second reading of the Partnership Amendment (No. Bill, without comment. Mr. ARCHIBALD HASTIE moved that the bifi should be read a second time that day six months ; and Mr. Gaeosost seconded the amendment.

Mr. CARDITELL expressed a hope that the bill would be allowed to pass its present stage without a division ; but he suggested some amend- ments that would be required in Committee. There was an absence of guards and protections. When an individual enters a partnership with limited liability, there should be notice that he enjoys the privilege. When a person enjoys the profits of a partnership, he should be also responsible to some extent for its losses. In the MC of insolvency, if a dormant partner had withdrawn any money, he should be compelled to restore it to the assets of the concern. These changes could all be moved in Committee.

Mr. THOMAS RinEssa opposed the second reading; becanse the bill, if carried, would have the most serious effects on the commerce of the country ; and because its principle was that all publicity should be ex- cluded, all registration omitted, all limited liability denied. Mr. Raxian also complained of the absence of safeguards ; but these might be inserted in Committee.

Here Mr. Kam moved the adjournment of the debate. But that was negatived by 110 to 75.

Mr. LOWE continued the debate. Mr. Cardwell, he said, had misrepre- sented the bill. The operative clause was this- " No person making a loan to any trader shrill be deemed to be a partner of, or to be subject to any liabilities incurred by such trader, by reason only that he receives as a compensation for such loan a portion of the profits made in any business carried on by such trader."

That is the only important part of the bill. It does not alter the law of partnership properly so called. A share in the profits has been made the criterion of partnership ; and a perverse ingenuity had applied that criterion in cases where there was no real partnership at all. He should be very glad to undertake a strict and searching investigation into the whole law of partnership next session. But the bill had nothing to do with that. The question which this bill was imtended.to solve was how to get rid of the perverse ingenuity which had attached the liabilities of partnership to certain contracts which were not partnerships at all ; and the best way of doing that seemed to him to be, to say that a mere par- ticipation in a share of the profits should not make persons partners where there were none of the incidents of partnership properly so called. He had proceeded upon the principle of doing justice and then leaving things to take their natural course. It was not incumbent on him to provide safeguards. The attempt to make a distinction between loans made at a fixed rate of interest and loans at a fixed share of the profits was a mere commercial superstition.

Mr. IIINDLEY, Mr. KIRK, and Mr. HORSFALL opposed the bill.

On a division, the amendment was negatived by 97 to 66; and the bill was read a second time.

JOINT-STOCK COMPANIES.

On the motion for going into Committee on Mr. Lowe's Joint-Stock Companies Bill, Mr. SPOONER objected, that the bill would camsh small traders and ruin individual enterprise ; and he moved the postponement of the Committee for six months. But he met with no support, and his amendment was negatived without a division. In Committee, many amendments were moved, which failed to obtain sufficient supporters to warrant a division. On clause 29, however, Mr. &tows- having moved that the word "letter" should be inserted, the effect of which would be that all orders sent abroad would express the limited liability of the company, the Committee divided ; and the amend- ment was negatived by 69 to 36. On clause 37, which prohibits the carrying on of business with less than seven shareholders, it was agreed that, in ease of death, a period of six months should be allowed to fill up the required number. If after that period the number be not filled up, then the company ceases to be under the Limited Liability law. On clause 58, defining the courts in which companies may be wound up, Mr. J. EWART moved the omission of words, the effect of which was that all companies would be wound up in the Bankruptcy Courts, instead of the Court of Chancery. Sir FITZROY KELLY, supporting this amendment, said, that let the dealings of a company be what they might, its affairs would be wound up in any Court of Bankruptcy in one-fifth of the time and with less than one-fifth of the expense at which it would be possible to wind them up in the Court of Chancery. His favourable pic- ture of the Court of Bankruptcy drew out Mr. Mairsrs in defence of the Court of Chancery. In that Court, business is so closely done that "the Court almost lives from hand to mouth" ; "the business cannot be brought up closer without disadvantage to the public" : whereas "no tribunal gives so much dissatisfaction" as the Court of Bankruptcy ; "it is about the worst court in the kingdom," and will not be tolerated much longer. The SOLICITOR-GENERAL said that the effect of the amendment would be to give an unlimited jurisdiction to the Court of Bankruptcy ; but he thought that court adequate to the discharge of this duty. If, however, "complete jurisdiction" is given to the Court of Bankruptcy, it will be- come a Court of Chancery. Mr. HENLEY, Mr. GLYN and Mr. Lows, agreed with the amendment ; and the words were omitted.

Mr. HORSFALL divided the Committee against the clause providing for the appointment of "official liquidators" ; but the clause was carried by 131 to 52.

The bill was reported with amendments, and the House resumed.

INDIAN ACCOUNTS.

The Earl of ALBEMARLE moved on Monday for a mass of returns con- nected with the administration of India ; the amount of the salaries and pensions paid to covenanted and uneovenanted servants, ranging over a period of thirty years ; the amount of "absentee allowances ". the num- ber of Native civil servants in the employ of the East India bompany ; the amount of civil salaries paid to military officers ; and a variety of documents connected with these matters. He wanted to make both ends

meet, and that could only be done by reducing the salaries of the civil servants.

Earl Gasify-min did not object to call for the returns, but he begged Lord Albemarle to consider the inconvenience and the expense that would attend their production. The Earl of ELLENBOROUGH thought that the India House could not give answers to four-fifths of the returns moved for. He also pointed out, that a large expenditure was occasioned by the large increase in all directions of civil servants—that is one of the misfortunes of the present mode of governing India. He did not think the salaries are too liberal. When salaries were small, great fortunes were made ; salaries are now liberal, and in twenty-eight years he had only heard of two cases of proved peculation. Then as to pensions, they are given by rule and not at the discretion of the Directors. • After some further discussion, in the course of which the sense of the House was manifestly against the motion, Earl GRANVILLE suggested, that if Lord Albemarle would put himself in communication with the

• Board of Control he would probably secure all the objects he had in view in asking for the returns. Resolutions withdrawn.

Mu. ALLAN POLLON'S CASE.

Sir MICHAEL SHAW STEWART made a satisfactory statement, which varied with it the sympathies of the House, in regard to Mr. Pollok, an Irish landlord, accused by Mr. MMahon, on the faith of a petition from certain of his tenants, of wholesale eviction. Sir Michael, supported by several other Members, stated a series of facts to show that Mr. Polo had acted liberally towards the tenants on his estate, and had introduced a system of high farming, much to their advantage. The difference was, that instead of being tenants they are now farm-labourers, well treated and handsomely paid.