16 FEBRUARY 1856, Page 2

Vthatts aub liSrottrhiuga iu 'farliamtut.

PRINCIPAL BUSINESS OF THE WEER.

Horsz or Loans. Monday, Feb. 11. Crimean Report ; Notices by Lords Cardigan. and Lucan—Trial of Offences. Lord Chancellor's Bill read a second time.

Tuesday, Feb. 12. Wensleydale Peerage ; Committee of Privileges. Thursday, Feb. 14. Fermoy Peerage ; Conversation on—Unseaworthy Vessels;. Lord Ellenborough's Suggestions—Education ; Lord Granville's Bill read a first time. Friday, Feb. 15. Education ; Lord Granville's Bill read a second time—Metro. politan Police ; Sir G. Grey's Bill read a second time.

House or Commons. Monday, Feb. 11. Supply ; Navy Estimates, Sir C. Wood's Statement. Tuesday, Feb. 12. Minister of Justice ; Mr. Napier's Motion—Contractors' Dis- qualification Removal ; Mr. Mitchell's Bin read a first time. Wednesday, Feb. 13. Formation of Parishes ; Lord Blandford's Bill read a se- eond time, and referred to a Select Committee—Police, Counties and Boroughs ; Sir G. Grey's Bill, second reading postponed to the 27th. Thursday, Feb. 14. Steam to Australia ; Mr. Baxter's Question—the Armistice ; Mr. J. Ewart's Question—Offences against the Person ; Sir Fitzroy Kelly's Bill, leave given—Bills of Exchange and Promissory Notes ; Sir Fitzroy Kelly's Bill, leave given—Irish Judges ; Sir John Shelley's Motion. Friday, Feb. 15. Decimal Coinage ; Mr. Warner's Question—Relations with Ame- rica; Mr. Roebuck's Motion for Papers—Supply ; Revenue Departments Estimates —Civil Service Superannuation ; Sir G. C. Lewis's Bill read a first time—Bankruptcy and Insolvency (Ireland); Mr. Fitzgerald's Bill, leave given—Carlisle Canonriesl Mi. Ferguson's Bill read a first time.

TIME-TABLE, The Lords.

Hour of Hour of Meeting. Adjournment.

Oh 65 20,n2h th Om 5h .... 5b 20m No sitting.

6h 611 30rn 55 7h 20m

THE COMMITTEE OF PRIVILEGES.

When the House of Peers met on Monday, Lord LYNDHURST gave notice, that at two o'clock on Tuesday be should 'move that the House should resolve itself into a Committee of Privileges. The Lenz CHAN. CELLOR and Earl GREY urged him to state what course he meant to take in Committee. At first Lord LYNDHURST declined to state the course he should pursue,,,,as he said it might lead to an irregular debate; but he afterwards intimated that witnesses would be called, and the facts ad- duced by him in support of his argument last week investigated. This reserve on the part of Lord Lyndhurst did not prevent an irregular con- versation as to the actual question that would be before the Committee,— whether the Committee would decide on the " competency ". Of the Crown to create a life-peerage, as Lord DERRY said, [that is, remarked Lord BROUGHAM, whether the patent is legal,] or whether the patent was valid. Lord CAMPBELL said that the only question was, whether the Crown has power, by such a patent, to enable a commoner, to wpm a barony is granted for life, to sit and vote in the House of Lords. (" Hear, hear ! " front Lord Lyndhurst.)

On Tuesday at two o'clock, the House went into a Committee of Pri- vileges ; Lord Redesdale in the chair. Lord LYNDHURST, recapitulating the Monday Tuesday Wednesday Thursday Friday

Sittings thisWeek, 15; Time, 7b 90m this Session, II • - 22h 45m

The Commons.

Hour of Hour of Meeting. Adjournment. Monday 4h 11515m

Tuesday 4h 115 Um

Wednesday Noon 311 Om Thursday Ms ;(m) ]2k 30m

Friday th .... 115 415m Sittings this Week, 4; Time, 945 Om -this Session, 12; - 675 15m

heads of his speech of last week, said that he should call witnesses to pro- duce the records referred to in support of the argument, and request that they should be laid before the House. At the same time, he said that it was a little hard that the labour of searching into details should fall upon him —particularly hard when he considered that the Lord Chancellor had a host of persons—" I do not like to give them the designation which they usually bear in the profession, but I will call them myrmidons "—em- ployed for purposes of this kind, who might have saved him all the our. He called a gentleman from the Tower to produce some records.

Mr. G. H. Sharpe, Assistant-Keeper, Rolls Chapel, appeared at the bar, and was examined by Lord LYNDHURST. Mr. Sharpe produced and read the patent of Guichard d'Angle, created Earl of Huntingdon, "tot& vita and durante," by Richard the Second. He next produced and read the patent creating Robert de Vere Earl of Oxford, Marquis of Dublin and Duke of Ireland. The witness read the old Latin docu- ment rapidly ; some of the Peers could not follow him, and Lord ELLEN- BOROUGH complained. Then a discussion began. The Loan CHAN- CELLOR observed, that witnarses were never called upon to read records, only to hand them in. The Committee ought to proceed with the utmost despatch. Lord Wensleydale had met with an accident—an attack of the gout; but he would be in town before the end of the week, when he would present himself with her Majesty's writ and demand admission to his seat in the House. Lord CAMPBELL said, that if "his right honour- able friend, who under this patent would be called Lord Wensleydale," appeared, he should move that he be not admitted until the Committee have reported. The writ has no validity unless the patent is good. The Loan CHANCELLOR said, that whether there is a valid patent or no patent at all, when a person appears at their Lordships' bar with the Queen's writ they are bound to obey it. Lord ST. LEONARDS, at this stage, could not refrain from going into the question concerning the validity of a writ in the hands of a Peer for life • but Earl GREY and Lord BROUGHAM both objected to this premature discussion. It was at length arranged, that the patents of life-peerages should be trans- lated, printed, and laid before the House. Mr. Sharpe accordingly handed in nine patents, extending to the reign of Henry the Sixth, and promised to prepare others by Monday next. This being settled, Lord LYNDHURST suggested that the Committee should adjourn until Monday. Lord CAMPBELL here rose and gave notice, that when the House re- sumed, he should move that "his right honourable friend" should be heard before the Committee by himself or by counsel. The Loan CHAN- CELLOR stated, that Lord Wensleydale would decline to take any part in the proceedings ; he intends respectfully to decline the jurisdiction of the Committee. He does not recognize the right of the House of Peers to interfere, as the matter has not been referred by the Crown.

"lithe course of the desultory talking, the Lord Chancellor said—" When my noble friend the Lord Chief Justice- first spoke to me on this subject, which he did in a very friendly way on the first day of term, he expressed extreme doubt as to the polioy of the measure; but as to its legality, he said he had not the least doubt on earth about it."

Lord CAMPBELL (with some warmth)—" No, no " (Lau Ater.) The Loaf) CHANCELLOR—" I am sure that if my noble friend says so, I had misunderstood him ; but I protest most solemnly that he did say some- thing which I understood in that sense." Lord CAMPBELL—"Allow me to state what took place between my noble friend and myself. When I had the honour to attend his levee on the first day of term, I told him that I had heard, but did not believe, that Baron Parke was to be called up to this House as a Peer for life. He replied that it was quite true. Well, then,' said I, I am sorry I shall be obliged to make a row about it as soon as Parliament meets." (Laughter.) He further explained, that in the first debate he thought life-peerages were legal; but when he found that there had been no such creation for four hundred years—that there was no instance of a commoner who had sat in that House for life—the impression on his mind was weakened ; and unless some such instance can be produced, he shall conclude that "it is beyond the prerogative of the Crown to create a peerage for life."

The Committee of Privileges adjourned till Monday next.

The House resumed, and Lord CAMPBELL moved that an order should be made permitting "the right honourable Baron Parke" to attend. The Loan CHANCELLOR and the Marquis of LANSDOWNE objected to the terms of the order as proposed by Lord Campbell : the order must be addressed to "Lord Wensleydale" ; and they made it quite clear that the Queen has the undoubted prerogative to confer such a title. Lord CAMPBELL consented to amend his language, and it was agreed that, " at the Committee of Privileges on Monday next, the right honourable Baron Wensleydale be allowed to attend by his counsel, if he think flt."

Tan FERMOY PEERAGE.

The Earl of DEBBY, on Thursday, again referred to the circumstances under which Mr. Burke Roche had been elevated to the Peerage as Baron Fermoy. But nothing new was elicited by the conversation. The matter has been referred to a Committee of Privileges to consider the validity of the patent. NAVY ESTIMATES.

In the House of Commons, on Monday, when Sir CHARLES WOOD moved that the House should go into Committee to consider the Navy Estimates, Sir HENRY WILLOUGHBY called attention to the fact that there had been an excess of expenditure of 435,0001. over the estimated amount ; and characterized such an excess as most dangerous. Mr. WumAms objected to the bringing forward of the Estimates until it were known whether we should have peace or war. In the Committee, Sir CHARLES WOOD explained to Sir Henry Willoughby that the excess was mainly apparent, and not real. It resulted from a new and more exact keeping of accounts by the Accountant-General, who has worked up the accounts so closely that an expenditure of 300,0001. which would otherwise have been spread over two or three years, has been brought into the past year. Having disposed of this objection Sir Charles explained, with great minuteness, the several votes demanded, chiefly votes on ac- count,—including 76,000 men for three months ; 2,000,000/. for wages on account ; 1,000,0001. for victuals on account'; 1,190,3094 for wages to artificers at home ; 109,9131. to artificers abroad ; 3,000,0001. for naval stores on account ; 864,3341. for new works, &c. ; 58,9281. for the sci- entific departments, including provision for an increase of the salary of the Astronomer Royal, and 42001. for the purchase and erection of an equatorial at the Observatory ; 6,000,0001. for transport service, &c. on account ; 36,4941. for naval establishments at home, including an item making provision for the payment of a Roman Catholic chaplain perform- ing service at each port for the officers and seamen- of the fleet. He ex-

plained, that he did not ask for estimates for the whole year, but a war estimate for such- a time as will cover the greatest possible delay in de- termining whether we are to have peace or war. Large sums have been expended in the purchase of stores. Thus, a supply of Italian and Hun- garian hemp has been laid in, and the stock is now so great as to make the Admiralty independent of any unfavourable contingency. The force of seamen and marines it is proposed to increase by 6000. Barracks will be built at the head-quarters of the divisions of marines. The vote for half- pay, 500,0001., shows an increase, caused by the promotion of Lieutenants to be Commanders. Sir Charles interpolated a vindication of the bestowal of good-service pensions on Captain Keppel, " an officer who has seen more service than almost any officer of his rank "; on Lord Clarence Paget, a " meritorious officer," who was employed by Sir Ed- mund Lyons ashore and afloat, until he lost the sight of one eye and en- dangered that of the other ; on Captain Henderson, an officer of " fair service " invalided from the West Indies. With regard to the vote for transports little reduction can be expected even if peace be concluded ; because then the army and the stores will have to be brought home • and although freights have fallen, a larger sum will be required for coals. On this subject he read some statistics, showing the number of troops con- veyed by sea during the past year.

" To the Black Sea from Europe—British from England, 50,000; mili- tary corps from ditto, 5000 • Foreign Legion ditto, 5000 ; French from South of France, 26,000; Sardinians from Genoa, 19,000 ; total, 105,000. To the Mediterranean—Militia from England, 5000. In the Black Sea and the Mediterranean—British from the Mediterranean, 20,000 ; French in the Black Sea, 5000 ; Turks in ditto, 58,000 ; Turkish Contingent, 22,000 ; British on the Black Sea, 20,000; Kinburn, 3500 ; total, 138,000. Troops moved elsewhere, invalids, &c., 46,000. Total number of troops moved within the year, 294,000."

And this was accomplished without a single disaster, except the burn- ing of one vessel. Sir Charles explained several changes which have been made during the past year in naval administration. Captains are now paid according to their standing, whatever the rate of their ship. The lower class of captains receive higher pay ; the number of Com- manders who can rise by selection or seniority to be reserved Captains, and the number of Lieutenants who, in the same way, can rise to be reserved Commanders, have been increased. The full-pay and half-pay of the Masters have been raised. Engineers are to be placed on the same footing as Masters. The full-pay of Chaplains, the half-pay of Naval Instructors, the full-pay of the Medical Officers, of the Officers of the Marines, and the Warrant-officers, have been increased. Great im- provements have also been made in the mode of paying the sailor, and in his condition. Sir Charles praised the conduct of the officers and men. in the late operations ; declared that all had been done in the Baltic that was then intended; and that great preparations had been made for the next campaign.

In 1854, thirty-four gun-boats were constructed in England. Since 1864, 152 have been built, besides others in the Mediterranean : "so that if peace is not concluded we shall have about 200 gun-boats of one kind or another ready for service. The construction of these gun- boats has answered remarkably well, and in the Black Sea they per- formed most effective service. A naval officer told me that he could com- pare the movements of these gun-boats to nothing so well as to the graceful evolutions of a skilful skater on the ice. I had also taken measures to provide a sufficient number of mortar-vessels, having given orders for the construction of 100 of these, and likewise eight floating-bat- teries; so that, if it is necessary to undertake another campaign, the number of vessels which the Government will be able to send will be such as I think will enable us to take measures for carrying on the war, even with our own resources, in such a manner as will be perfectly adequate to cope with any enemy that may meet us. No one is more anxious than I am that peace should be established, for the sake of Europe and ourselves ; but if we are to carry on the war, I think the Committee will agree with me that measures have been taken for doing so with the greatest vigour and efficiency. If, unfortunately, peace should not be made, we shall be ready as soon as the sea shall allow us to commence operations with 350 British pennants float- ing in the Baltic, and 100 in the Black Sea. (Cheers.) So far as human means can do so, we have taken measures to insure victory. We know well that victory Is not always to the strong, and God forbid it should be so in an unrighteous cause ; but in a struggle undertaken from no selfish mo- tive,in a war waged against the grasping power of Russia, and for the pro- tection of an ancient ally from the domineering aggression of a powerful neighbour, I trust we may appeal to the Almighty Disposer of Events to look down with favour on those human means which it is our duty not to neglect; and I hope and believe that He will bless our arms with success." (Cheers.) As is usual on these occasions, a very discursive debate followed ; in which the chief speakers were Sir FRANCIS BARING, Sir CHARLES NA- PIER, and Captain SCOBELL. Sir CHARLES NAPTER described at length a plan of his own for the reconstruction of the Admiralty. Board. He pro- posed that there should be a Commander-in-chief of the Fleet and a Cap- tain of the Fleet, with assistants. Their duties should be restricted to matters pertaining to the discipline of the fleet and promotions. The Rear-Admiral and Vice-Admiral of Great Britain should be at the head of the Victualling and the Store and Surveyor's Department respectivelY ; and they should be constantly with the Board. The whole to be under one roof. Mr. MAourae put in a plea for the construction of a naval harbour and dockyard at Cork. Mr. Sroosaa and Mr. VANcH objected to the vote for the Roman Catholic Chaplains, but would not divide the House.

All the votes were agreed to.

THE ARMISTICE.

The following question was put on Thursday by Mr. J. EWA.RT re- specting contraband cargoes for Russian ports-

" I wish to ask the First Lord of the Treasury, whether it will be lawful to despatch British ships with cargoes to Russian ports during the armistice which is about to be concluded ? and, in that case, would articles contraband of war—such as brimstone, lead, and saltpetre—be exempt from such per- missions of shipping ? If the sailing of British ships be unlawful, might foreign ships be chartered for the purpose ; or will the blockade of Russian ports be soon reestablished ? "

Lord PALMERSTON said.-- " I should strongly recommend any persons who may wish to engage" in such undertakings as are described in my honourable friend's question, to wait until they see whether an armistice is concluded ; and if so, what are the nature and conditions of that armistice." (Cheers and laughter.)

MINISTRY OF JUSTICE.

Mr. NAPIER, on Tuesday, moved the following resolution—

"That, in the opinion of this House, as a measure of administrative reform,provision should be made for an efficient and responsible depart- ment of public justice, with a view to secure the skilful preparation and proper structure of Parliamentary bills, and promote the progressive amend- ment of the laws of the United Kingdom."

The subject was brought before the House in redemption of a promise made by Mr. Napier last session. While arts and manufactures are continually improving, the framing of law is left without improvement; i

and yet it is a matter that is not isolated or departmental, but one in which the whole community has an interest. The subject may be divided into three branches,—the actual state of things ; remedies tried without success ; and the remedy proposed by Mr. Napier.

The present state of the law is disgraceful to a civilized country. There are actually three systems of legislation in progress for England, Ireland, and Scotland. Scotland minds her own affairs - she does not trouble the House much ; she is very much of a self-supporting country. But with Ireland the case is different. Parliament has not given her the full benefit of the Act of Union. Instead of identic legislation, an ineffective, a special, and distinctive system, for the most part set in motion after midnight, has been applied to Ireland. Between England and Ireland there are no fewer than 18,284 statutes ; thirty-six volumes of English, and nineteen volumes of Irish statutes. Before the -Union, there were 2263 statutes passed peculiar to Ireland, 1300 other statutes have been passed since the Union ; and besides these, by Poyning's Law, Ireland is subject to all acts passed down to the reign of Henry VII. Lord Bacon, writing at a time when there were only 2171 statutes, remarked, that " so great was the accumulation of statutes, so often did those statutes cross each other, and so in- tricate were they, that the certainty of the law was entirely lost in the heap." Yet the statutes passed during the reign of Queen Vic- toria outnumber those contained in the entire statute-book as it stood in the reign of Queen Elizabeth. At the close of Queen Anne's reign, the statutes amounted to 3277; of which no fewer than 2074 have been wholly or partially repealed, have become obsolete, or have expired; and the recent expurgate list, for England alone, included 10,047 statutes. During last session, 134 acts were _passed, comprising 1005 pages; of which 92 only applied to the United Kingdom, 10 to Great Britain, 22 to England and Ireland, 102 to England, and 800 had no connexion what- ever with Imperial interests. Should this state of things continue ? Take an example from the Justinian Code ; it was perfected in less than four years. The Pandects and Institutes were completed in three years ; and 3,000,000 sentences reduced to .150,000. The Code Napoleon was commenced in August 1800 and completed by March 1804. The New York Code is comprised in three octavo volumes. Lord Bacon proposed to consolidate and reform the law, by expurgating repealed, obsolete, unsuitable statutes. James the First supported the proposal; and in a speech to Parliament remarked, that this reformation might be made a '' worthy work, and well-deserved a Parliament to be sat of pur- pose for it." In 1787, Mr. Hargreave, the eminent jurist, adverting to the evils then to be remedied, asked, " Would Bacon and Hale have remained unconcerned spectators of the moat dangerous of all juridical diseases ? " In 1816, the evil was so greatly felt that a partial consolidation was effected ; but since 1816, 4585 public statutes have been added to our code. In 1826, Sir Robert Peel consolidated the Criminal Code—" one of the greatest monuments of his practical statesmanship and ability which he has left behind." In 1833, a Commission appointed by Lord Brougham recommended a "complete and systematic consolida- tion, accompanied with an adjustment of the enactments to precedent and judicial decision," as "practicable and desirable." But nothing came of it. Much iood advice has been offered ; many persons have pointed out what ought to be done ; but what is wanted is that some- thing should be done. In 1853, the present Lord Chancellor laid before Parliament an admirable plan for consolidating the statute law ; but the -Commission then appointed has not succeeded in doing the work that ought to be done. If they turned from the past to current legislation, they would see that the magnitude of the evil requires that it should be grappled with at once. The same bills are brought in over and over again ; some member of the Government gets up and says, " I don't ob- ject to the honourable Member's introducing the bill, but I don't pledge myself to the details." It is thought prejudicial to the interest of the Government to refuse permission to introduce ; but then ensues a scram- bling scene, and Government tries to trip up the bill at some stage of its progress. k.traordinary mistakes are made, and bills passed in one ses- sion are amended and explained in the next, followed sometimes by fur- ther amendment, sometimes by repeal ; of which, and of other sources of anomaly, Mr. Napier supplied instances. The remedy would be found in " a department, presiding over which should be a wise and enlightened man, having under him a proper staff, the duty of which it should be to watch the state of the law, to observe the working of the law, and to propound proper amendments ; and then what is wanted by the people in the matter of law reform would be sea- sonably granted." When private Members introduced bills, the depart- ment would be able to inform the House as to the existing law, and to advise whether the proposed plan should be adopted. Lord Bacon had described the Sex Viri at Athens as " standing commissioners to watch and discern what laws waxed improper for the time, and what new law did in any branch cross a former law, and so, ex officio, propounded their repeal." Lord Brougham, in 1848, urged the necessity of forming a board of skilful professional men, " not to supersede, but to aid both Houses of Parliament in the preparation of public bills." Lord Lang- dale told the Committee on Fees in Courts of Justice, that what was wanted is "an office of Government in which the affairs of justice should be the particular object of attention." " You cannot," he said, "work out a system of safe and rational law reform without an authority of that kind." Lord Lyndhurst said in the House of Lords, in 1863, "You should have a person of competent information, with proper as- sistance, to master every bill, watch its progress, and communicate either as to its original state or amendments." Finally, the Statute Law Com- missioners recommended a board or some other persons for a similar purpose. In enforcing these recommendations, Mn. Napier said that " commissions and committees, and amateur legislation, have been tried in vain." We must get rid of all that. There is a Board of Public Works, a Department of Public Health, a Board of Trade, a Department

of War; it is proposed to establish a Department of Education : is not Justice entitled to have a department as much as any one of these?

He proposed that the new department should occupy itself with the amending of the old law, with the supervising of current legislation, and with watching the working of the laws. The Eastern fable apprized him that it was in the cleansing of the old lamp that the secret of its power was discovered ; and he thought that if we worked in earnest we should be able to summon to our aid what he might call the genii of the lamp. We should have voices from the dead to cheer us. We should have the voice of the enlightened Bacon, the just Hale, the noble and majestic wisdom of Ro- milly. We should have the aid of one who still survives—one to whom might be applied the language of his eloquent countryman—one who had " winged his flight against the blaze of every science with an eye that never winked and a wing that never tired "—Henry Lord Brougham, who during a long life has devoted himself to the cause of law reform, persevering to the end with a vigour and energy perfectly wonderful at his advanced age. (Cheers.) Mr. Comrsa seconded the motion, and enforced the arguments of Mr. Napier. There should be a Minister of Justice, with a competent staff. All judicial statistics should be sent to his office. He should prepare the measures of the Government and superintend legislation by private Mem- bers. Mr. LOCKE RING and Mr. Wrossis also supported the resolu- tion.

Mr. Berress in the temporary absence of Sir George Grey, and shortly afterward Sir GEORGE GREY himself, stated the view of the Government. The existing evils are admitted, and all agree that some remedy should be applied. The only question is what shall the remedy be ? Mr. Baines thought Mr. Napier's proposal was vague ; and Sir George Grey hoped the House would not be asked to pledge itself to the appointment of a department headed by a Minister in that House—at least not until the report of the Statute Law Commission had been laid before Parliament. They have devised a plan to carry out the objects shadowed forth in that passage of their last report where they say, that "perhaps nothing sa- tisfactory towards the improvement of future legislation can be effected until either a board or some other persons are appointed, whose duty it shall be either to prepare or revise and report upon all bills before they are brought into Parliament, and to watch them during their progress through the two Houses, either as officers of the Lord Chancellor or some other Minister, or as officers of the two Houses of Parliament." Sir George Grey thought, however, that many of the evils cannot be reme- died unless Parliament abandons something of its free right of legislation and its arrangement of details. Inaccuracies are mostly made in Com- mittees, and the House would regard with jealousy any attempt to con- trol the right of making amendments. Deprecating haste, Sir George expressed a hope that Government would soon be able to take a decided step in the matter. Lord JOHN RUSSELL said that the House was indebted to Mr. Napier for bringing before it a grievance of great importance and for proposing, with great moderation, the proper remedy. But, after what had been stated by the Government, he did not see how the House could adopt the resolution. There is a great difference, however, between the proposi- tion of Mr. Napier and that propounded by the Government. A Minis- ter of Justice would be much better than certain officers under the Lord Chancellor, who, having no seats in that House, would have little author- ity. Lord John, however, was willing to wait until the propositions of the Government are before the House.

"But I have already made up my mind upon this point—that of the two propositions of the right honourable and learned gentleman opposite, on the one hand, and of appointing a certain number of clerks to mend the details of bills before they are passed, on the other hand—the proposition of the right honourable and learned gentleman is the most philosophical, the most practical, and the most conducive to that improvement in our legislation which is one of the great objects to which Parliament ought to direct its at- tention." ("Hear, hear ! ") Mr. DRUMMOND, Mr. Ewsar, and Mr. WiratrasoN, supported the re- solution. Mr. Meares spoke in behalf of the plan of the Commission.

Lord PALMERSTON characterized the subject as one of the deepest im- portance ; but he enlarged on the " difficulties " that attend it. Much doubt may be entertained whether the appointment of a Minister of Jus- tice would prevent errors. Neither House of Parliament should abdicate its functions, nor would individuals yield to the dictum of such an officer. They would maintain their opinions ; the House would often back them ; and the Minister would be in a minority. The difficulties and delays experienced in passing bills do not arise from the want of a Minister of Justice, but from the great diversity of opinions always opposed to any great improvement in the law. Delays are not so much caused by ob- stacles to the framing of good measures, as by the difficulty of persuad- ing Parliament to adopt them. He hoped that, as the Statute Law Commissioners have a proposal under consideration, Mr. Napier would waive his resolution for the present, reserving to himself the right to bring it forward later in the session should he not be satisfied with the labours of the Commission.

Mr. ROUNDELL PALMER opposed the adoption of the resolution, and the proposal to appoint a Minister of Justice. The Government is not without a Minister of Justice ; for it is in that capacity that the Lord Chancellor sits in the Cabinet. No new Minister of Justice can be ap- pointed without disturbing the present position of the Lord Chancellor, of the Attorney-General, and to a great extent the Home Secretary. It will be better to obtain the ends desired by improving what we already possess, than by venturing on so strange an innovation as the creation of another Cabinet Minister. The House would act most prudently by resting satisfied with the great advantage that could not fail to follow from the discussion, and decline to commit itself to the resolution.

Mr. Nsmsn, in a brief reply, hoped that the Government would not compel him to divide. Sir GEORGE Gnat said, that if the words "for an efficient and responsible department of justice" were omitted, Go- vernment would not object to the resolution. Mr. Neriss—" I accept your terms."

The words being omitted, the resolution was unanimously adopted.

CONSOLIDATION OF THE STATUTE Law.

Sir Furneor KELLY moved, on Thursday, for leave to bring in a bill for the consolidation of the Statute Law relating to offences against the person—the first of a series of bills for the consolidation of the entire Statute Law of England. After an exordium describing the confusion and inconsistency of the law, and the distinction between consolidation and codification, Sir Fitzroy described the plan on which he proposes to proceed. He proposes to-take each subject dealt with by the law ; to

extract from the statute-book every statute, section, and line on the par- ticular subject, remaining in force ; to frame these into a consolidated statute, and to repeal all other enactments. As a beginning, he had framed two bills, one relating to offences against the person, the other to bills of exchange and promissory notes. On the latter subject there are thirteen acts ; these he proposes to repeal, and to substitute in their place one statute, consisting of a consolidation of every section and line now in force in the thirteen. That would reduce the length of the statute-book by 400 or 500 pages ; and a similar consolidation of the law relating to offences against the person will get rid of about 1000 pages. If the plan were ear- ned out with regard to all the subjects included in the law, the fifty -volumes of the statute-book would be reduced to one-seventh or one- eighth of that amount. The advantage is obvious. Instead of having to rely on a text-book, or having to refer to a heap of statutes, they would have to consult only one. The principle of consolidation would be applied to the numerous local enactments, such as those relating to seaport towns ; likewise to the laws relating to the public revenue—four or five volumes of statutes in this branch are effete—to finance, to the Army and Navy, and other branches of the public service. As regards future legislation, there can be no doubt that one or more officers must be appointed, and vested with the authority of both Houses to watch over future legislation, and take charge of bills that will form the future consolidated statutes. When any change is made in the law on any sub- ject, the bill altering the law should be annexed to the consolidated bill. He was satisfied that his scheme for the consolidation of the entire law is practicable ; and he was equally satisfied that any attempt at codifica- tion would fail. To carry out the undertaking on which he had entered, he should have the support of the Statute Law Commission ; but then it will be necessary that Parliament should provide some remuneration for those engaged in the mere manual labour. The expense, however, would not exceed from 501. to 1001. upon any one entire subject of the law. The whole statute law can be consolidated within two years.

Lord STANLEY seconded the motion.

The Arroasray-Gricrnst said, they were all agreed that the state of the law is a scandal and reproach to the Legislature. The best remedy will be consolidation, not codification. The plan proposed by Sir Fitz- roy Kelly is identical with the plan of the Statute Law Commission ; a plan from which he and the Solicitor-General differed, because they did not think it a good one. The statutes should be consolidated on a more comprehensive plan : taken bit by bit, the work, instead of being com- pleted in two years, will occupy two centuries. The proper plan would be to make an epitome and complete outline of the laws, then to divide them into compartments, and then subdivide them into chapters ; and, having this outline, to arrange all the statutes under the various heads. But, far from opposing the introduction of Sir Fitzroy Kelly's bill, he hailed it with satisfaction, and would give it every support. Mr. STUART WORTLEY supported, and Mr. J. PHILLIMORE opposed the plan. Sir GEORGE GREY intimated that the Lord Chancellor and the Government approve of and will support it. Mr. LOCKE KING and Mr. BAINES took a similar course. The SOLICITOR-GENERAL explained, that he and the Attorney-General differed from the Statute Law Commission simply as to the mode of selecting the heads to which the consolidated statutes should be referred. They desired that the selection should be in accordance with some system of analysis that might lay a foundation for the codifying of the law ; so that each branch of the law might find its proper place, and the law of real property might not be mixed up with that of personal property, or the law relating to property with that re- lating to personal duty.

Leave was given to introduce the bill, and also a bill to consolidate the statute laws relating to bills of exchange and promissory notes.

IRISH JUDGES.

An animated debate arose on Thursday out of a motion by Sir JOHN SHELLEY, for a return showing the date of the call to the bar and of the appointment to the bench of-the Judges in Ireland ; the number of times they had been absent, and in what instances substi- tutes had been provided. The object was to show that the Irish Judges are incapacitated by old age and infirmities from attending properly to their duties. In the course of his speech Sir John roused a good deal of feeling by a free reference to the ages of three Judges,—Chief Justice Lefroy, who has been fifty nine years at the bar, and is eighty-two years of age ; Justice Torrens, who is eighty-four years of age ; and Baron Penne- father who is eighty-five years of age, and blind. Sir John enlarged upon the blindness of Baron Pennefather; and, while admitting his high talents, contended that his blindness incapacitates him from fulfilling his duties. Sir John also alluded to Mr. Joseph Napier's deafness : Mr. Na- pier, he said, had been offered a Judgeship by Lord Derby, and had re- fused on account of his infirmity of deafness,—a personal allusion that drew forth cries of "Order!" and " Shame !"

Mr. KENNEDY, as an amendment, moved the omission of the words" in Ireland."

After a pause, Mr. NAPIER led off a debate with great warmth of feel- ing ; denouncing attacks like these on the Irish Judges—attacks on them, not for misconduct, not for immorality, but for the atrocious crime of being old men ! Were there no men in Parliament old, and vigorous, and wise? There was, he supposed, to be an address to the Crown : would Sir John Shelley get Lord Lyndhurst to move it in the House of Peers ? With great energy Mr. Napier defended all the Judges, and especially Baron Pennefather, from the imputations implied in the mo- tion ; and read testimonies to his great efficiency, from Chief Baron Pigott, Baron Richards, and Baron Greene, and an extract from a judg- ment of the present Lord Chancellor. Baron Pennefather possessed a wonderful memory ; he felt that he could fulfil the duties of his office, and he did not wish to burden the country with a retiring pension. Was the motion made in good faith, or was it a stalking-horse ? If judges are to be attacked because they are old, where will such proceedings stop ? Sir GEORGE GREY asserted the right of the House to entertain the mo- tion, and explained the position of the Government. Last session a Member complained of the incapacity of the Irish Judges, and the Go- vernment thought it necessary to inquire into its foundation. In answer to an application, Lord Carlisle stated that the complaint was ex- aggerated ; but that Baron Pennefather was unfortunately blind, and that although he discharged his duties well; yet Lord Carlisle could not justify the retention of his seat under the circumstances. Through the Lerd-Lieutenant, the Government intimated to Baron Pennefather that

if a motion were brought before the House of Commons, the Government would not be able to defend his continuance on the Bench. That was all the Government had done in the matter. Although the motion was not well framed for getting at the facts, yet it was one that the House ought to adopt. The returns will not establish the case made out, but there is no doubt that the House has a perfect

right to institute the inquiry. Mr. DISRAELI observed, that the

Government had not frankly met the question ; and that it is unwise, impolitic, injurious, to pull judges into the House of Commons unless in cases where the House must interfere. In this case there was no com- plaint, not even an anonymous slander, against Baron Pennefather. Yet because the Home Secretary wishes to give Baron Pennefather a hint that he should quit the bench, we find him sanctioning this miserable, this indecent motion. Referring to the debate on the Wensleydale Peer- age, and the part Lord Lyndhurst took in it, Mr. Disraeli saki, that emi- nent person was within these few years suffering under the same in- firmity as Baron Pennefather.

Sir GEORGE GREY called out—" He is not a judge." Mr. DISRAELI—" Not a judge ! Whv, it is no wonder that her Majesty's Ministers have no confidence in the high Court of Appeal in the other

House, when the Secretary of State for the Home Department comes down to the House of Commons and declares that Lord Lyndhurst is not a judge!" (Opposition cheers.)

The debate was continued with spirit by Sir FREDERICK TIIESIGER, Mr. STUART WowrinY, and Mr. GEORGE, against the motion ; and by the ArrouxEy-GENERAL, Mr. H. BRUCE, and Lord PALMERSTON, in its favour. Lord Palmerston deprecated a division, and intimated that it would be better for Sir John Shelley to withdraw the motion. If pressed, he should certainly support it ; but, out of respect to the Judges, he thought the motion should not be pressed to a division. Sir JOHN SHELLEY refused to give way, and the House divided. First, on Mr. Kennedy's amendment, the numbers were—for the amend- ment, 120; against it, 134; majority against, 14. On the original motion—Ayes, 132 ; Noes, 121; majority for the motion, 11.

THE POLICE BILLS.

Sir George Grey's Metropolitan Police Bill passed the House of Com- mons on Friday last week ; but the second reading of the County and Borough Police Bill was, on Wednesday, postponed for a fortnight. On the motion for the second reading, Mr. HADFIELD moved that it be post- poned, because the corporations have not had sufficient time to consider its details ; and Lord HENRY LENNOX supported the motion. At first Sir GEORGE GREY resisted, as the reasons for the postponement were not substantial. But when Mr. HENLEY, Sir Fit/arms BARD:0, Mr. ROBERT PALMER, and others not hostile to the measure, supported Mr. Hadfield's request, Sir George submitted to the wish of the House. Several Mem- bers declared their hostility,—Sir Josnus. Wapritsiy, Mr. MuNrz, Sir GEORGE PECHELL, Captain SCOBELL, Mr. BECKETT DENISON, Mr. EVELYN ; while Lord LOVAINE, Sir SAMUEL BIGNOLD, and Mr. BEN THICK, spoke in favour of the measure. Second reading postponed until the 27th February.

PAROCHIAL REFORM.

At the Wednesday sitting, the Marquis of BLANDFORD moved the se- cond reading of a bill to facilitate the formation and endowment of se- parate and distinct Parishes. It was identical with the bill introduced and explained last session. At present there are several kinds of church districts : district parishes, where the clergyman may perform weekly and daily service, but may not marry, baptize, or bury ; district chapel- ri.es, coming under the same law ; consolidated ehapelries, formed out of more than one parish, where all the services of the Church may be per- formed ; and particular districts formed under the Private Patronage Act. Under Sir Robert Peel's Act, also, the Ecclesiastical Commissioners are empowered to convert districts, where a church has been endowed, built, and consecrated, into parishes at once. The principle of the present bill is to give power to make districts into independent parishes for ecclesi- astical purposes. They are the offspring of the mother churches, and they should enjoy a full immunity of parochial privileges. The bill proposes to invest the patronage in the hands of the parties who endow the churches. Power is given to the Ecclesiastical Commissioners to accept what endowment they think fitting in exchange for patronage, in the case of churches endowed by pew-rents, of which the patronage is not specifically invested ; churches the patronage of which is in the hands of mother churches ; those in the gift of the Lord Chancellor and of the Duchy of Lancaster, of a less value than 2001. a year ; and those in the gift of any corporation under 2001. yearly value. He proposed to give the Commissioners power to divide large parishes and their endowments ; protecting existing interests, and in some cases awarding compensation. If the bill were read a second time, he proposed to refer it to a Select Committee.

Mr. HADFIELD, remarking that the bill would alter the entire ecclesi- astical establishment of the country, and that it contained power to apply Crown lands for Church purposes, to which he objected, moved that the bill be read a second time that day six months. Mr. PELLATT seconded the amendment.

Sir GEORGE GREY said that the Government had no objection to the second reading, with the view of referring the bill to a Select Committee. Mr. PEntArr hoped that one or two Nonconformists would be placed on the Committee. He did not wish to throw any impediments in the way of improving the parochial system ; but if the Church population has in- creased, so have the Nonconformists, and they have an interest in the matter. Mr. HADFIELD said he should take the sense of the House on the construction of the Committee, if it were not nominated on a fair princi- ple. Mr. GLADSTONE said, that if Mr. Hadfield would adhere to the principle laid down by Mr. Pcllatt, there would be little difficulty in constructing the Committee. If it were admitted that no Member is dis- qualified on account of his religious opinions from dealing with a bill relating to the temporalities of the Church, then that Member is bound in equity and honour to discuss the subject with the view of promoting the interests of the Church.

The amendment was withdrawn. The bill was read a second time, and referred to a Select Committee.

REPORT OF THE CRIMEAN COMMISSIONERS.

A conversation upon the report of the Crimean Commissioners arose in the House of Lords on Monday. The Karl of CARDIGAN gave notice, that having been unfairly reflected upon by the Commissioners, he should transmit a full explanation of his conduct to Lord Panmure he felt con-

Went that he could refute the charge brought against him in the report. The Earl of LUCAN took occasion to say that he had already sent a letter to Lord Panmure, "refuting and contradicting in the most positive man- ner every part of the report," not only that which reflected upon him personally, but also that reflecting on his cavalry. He had requested Lord Panmure to permit the instant publication of his letter. That re- quest was declined. Lord Panmure should do one of two things—either publish the letter himself, or let Lord Lucan publish it. Lord PANMURE said, that the Commissioners never intended to attack the character of Lord Cardigan. With regard to Lord Lucan, his letter had been referred to the Commissioners ; and in a few days his letter and their reply should be laid on the table. The Earl of DERBY wished to know what course the Government would take with regard to the cases that must arise from the publication of this report : Lord Lucan and Lord Cardigan will have an opportunity of making statements in Parliament, but what will .Government do with regard to those officers who have no such facilities ? Are they to have an opportunity of making a public defence ? Lord PANMURE replied, that any person aggrieved by any document laid before the Crown is entitled to address to the Government any representation that shall place his conduct in a fairer light, and to have that represen- tation laid before Parliament. The Earl of HARDWICKE said, that if he, as a British officer, had been honoured with decorations as the officers mentioned had been, and afterwards been reflected upon as the report reflects upon them, he would tear the decorations from his breast and return them to the Sovereign. Lord PANMURE said, that the decorations were conferred for gallant acts in the face of the enemy, and that nothing in the report can detract from honours so gained. Lord HARDWICICE was satisfied, since that avowal had been extorted, that the report did not touch the honour of those officers as soldiers.

Mr. LAYARD, who had given notice of a motion on the report of Sir John M 'Neill, for the 21st instant, gave notice on Thursday that he should defer the motion until the 28th, and append to it the following addition- " That this House has observed with regret, that those officers whose con- duct in their respective departments has been shown by the report of the Commission of Inquiry into the Supplies of the British Army in the Crimea to have occasioned great and unnecessary sufferings and losses in that army, have received honours and rewards, or have been appointed to and are still holding responsible offices in the public service." (Cheers.)

Last night, Mr. LAYARD said that he found the 28th would be an in- convenient day. Would the Government give him one ? Lord PAL- MERSTON answered, that the appeal would be fair if Independent Mem- bers had only one instead of two days. He begged to recommend his honourable friend—as he trusted he might call him—" to try his luck again."

STEAM COMMUNICATION WITH AUSTRALLC In reply to Mr. BANEER, Mr. LABOUCHERE said that steps have been taken to place the postal communication between this country and Aus- tralia on a satisfactory basis. The details are explained in a Treasury minute. Tenders were issued for a monthly communication between this country and Australia; half the expense of which will be borne by the Mother-country, and half by the Colony. Steamers are to touch at Xing George's Sound, Melbourne, and Sydney ; and there will be branch

- -'4iervices for Port Adelaide, Van Diemea's Land, and New Zealand.

UNSEAWORTHY VESSELS.

The Earl of ELLENEOROUGH, on Thuraday„presented petitions from the seamen of Hartlepool and Newcastle' complaining that they were obliged to go to sea in unseaworthy vessels. He suggested that the Govern- ment should appoint an inspector in all seaports where there is much shipping, whose duty should be to survey every vessel before she goes out of port. Last year, the vessels lost represented 170,000 tons, impe- rilling no fewer than 7000 or 8000 lives. In every case of wreck or serious casualty there should be an inquiry.

Lord STANLEY of ALDERLEY described the ample remedy already exist- ing for cases where ships are unseaworthy. The existence of that re- medy has been extensively made known, and Government can do no more.