18 AUGUST 1855, Page 2

.Ettiatro au t Vnittrtingo litVarlinnant.


Norsk or Loam &tandem, August IL Limited Liability Bill read a third time and passed. Monday, August 13. Appellate Jurisdiction of the Rouse of Lord,; Lord St. Leonarda's Statement —New Statutes at Oxford University; Sir Culling Eardley's Petition—Appropriation Bill read a third time and passed. Tuesday, August 14. Royal. Assent to seventy-six public and private bills: in- cluding the Turkish Loan Bill, Religious Worship Bill, Sale of Beer, &c. Bill, Metropolis Local Management Bill, Charitable Trusts Bill, Limited Liability Bill, Despatch of Business Court of Chancery Bill, Criminal Justice Bill, and Union of Contiguous Benefices Bill—Prorogation of Parliament to the 23d October.

Reuse OP Cosmoses. Saturday, August 11. Limited Liability Bill; Lords' Amendments agreed to—Union of Contiguous Benefices Bill; Commons' Amend- ments not insisted on—Burials Bill ; Lords' Amendments agreed to.

Monday, August 19. No sitting. Tuesday, August 14. Conduct of the War ; Speeches of Sir De Lacy Evans and Lord Palmerston.


The Lords. The COMM&

Hour of Hoar of Hour of Hour of Meeting. Adjournment. Meeting. Adjournment. Saturday Noon.... 2h Stu Saturday lb th Om Monday Noon lh 30m Monday No sitting.

Tuesday Ilk .... 3h Om Tuesday ljh .... 3h Om Sittingsthis Week, 3; Time. 511 lim Sittings this Week, 2; Time, 4h 30m . — this Session. 110; — 245h Om this Session, 167; — 993h 33m LIMITED 1,2•191-LITT The Limited Liability Bill was read a third time and passed in the House of Lords at a brief sitting on Saturday morning. Lord farm-- TON again raised a protest against the hurried, manner in which the bill had been passed through its preceding stages—he had never known an instance in which their Lordships had been treated with so much in-


The Marquis of LANSDOWNE spoke briefly in support of the principle of the bill. With respect to the standing other, nothing could have induced him to vote for its suspension had he not thought that this was a case of urgency. Many most useful and legitimate undertakings, as he knew personally, are kept in a state of suspended animation for want of a mea- sure of this sort— at a time, too, when there is the greater necessity of calling into action all possible resources and encouraging every possible extension of employment." Lord MONTRAGEB trusted that the gentry and clergy would caution the working classes over whom they have any influence against limn- siderately engaging in reckless speculations under this bill. After the bill had been read a third time, on the question that it do pass, Lord STANLEY of Alderley proposed a clause enabling the Board of Trade to appoint an auditor where no auditor is appointed in the com- panies formed under the act, and one auditor if two or more be appointed by the companies. The Lord CuArrtrerzon proposed a clause expressly rendering limited liability companies subject to the Joint Stock Com- panies Winding-up Act.

These clauses having been added to the bill, it passed.

On the same day, the Lords' amendments were taken into considera- tion in the House of Commons. Lord PALMERSTON regretted that amend- ments had been introduced ; but, objectionable as they were, he hoped the House, considering the period of the session, would adoptthem ; for a great step has been gained by the adoption of the principle of the bill by both Houses of Parliament.

The amendments were agreed to.


In moving for returns relative to appeals heard by the House of Peers, Lord Sr. LBONARDS called attention to a passage in a speech of the So- licitor-General on the "Despatch of Business Court of Chancery Bill," reflecting upon their Lordships' House as a court of appeal. The So- licitor-General is reported to have expressed himself as follows- " There was one point of great importance to which he might advert. Several instaneee had occurred in which the House of Lords, sitting as a court of appeal, had failed to discharge satisfactorily its proper functions. He quite admitted that scarcely anything was amended in the judicial insti- tutions of this country until the recognition of the necessity of that amend- ment had been passed on, so to speak, from father to son, and from generation to generation; and so it was with regard to the House of Lords. It was therefore doubtful how long it might be before they got a tribunal in the last resort satisfactory in its constitution. The members of the present tribunal felt themselves at liberty to attend or not attend as they pleased ; with the exception of the Lord Chancellor, all the rest of the Court were mere volunteers • they attended a judicial sitting as they would a debate ; they felt themselves at liberty to remain during the whole of the arguments or not ; and the result was, that this Court, the decisions of which ought to be unalterable as the laws of the Modes and Persians, was felt to be un- satisfactory in its constitution, and inferior to the lowest tribunal in what ought to be the accompaniments of a °curt of justice." Lord St. Leonards said that he had himself discussed the constitution of the judicial portion of that House sitting as a court of appeal, and he mild not therefore object to others discussing the question. But any attempt to degrade a jurisdiction so essential could not but be mischiev- ous, more especially at a moment when Parliament was about to be pro- rogued. No opportunity can occur for many months to come of dis- abusing the public mind ; and during the whole of that time, unsuccessful appellants might consider either that injustice had been done them or that justice had been administered in a manner disgraceful to the lowest court. Looked at in any light, he was forced to the conclusion that the Solicitor-General had represented the administration of justice as unsatis- factory, and had insinuated that they decided upon a man's rights with- out having listened to arguments which it is their duty to hear. That would be one of the grossest derelictions of duty. It is true, there have been disagreements of opinion: but that happens in every court where the judges are of equal number. The public, and especially disappointed suitors, are difficult to satisfy ; but even when the Judges are called in there is diversity—sometimes eight to two, seven to five, six to seven. It is difficult to obtain a tribunal free from objections ; but he was confi- dent that the Law Lords sitting in the House of Peers feel themselves bound as much as if they sat under the sacred obligation of an oath to do justice between the parties ; and, in order to do justice' they remain to hear the arguments of counsel, and in their judgments show to the bar and to the disappointed suitors that their case has been fully considered. For himself, he had always done his duty to the best of his ability ; and if the complaint did not apply to him, neither could it be intended for the Lord Chancellor, nor for Lord. Brougham.' Lord CAMPBELL said, he considered that the Solicitor-General had made an attack tending to bring their jurisdiction into disrepute. It is most important that the judicial jurisdiction of the House of Lords should be maintained. Justice has been satisfactorily administered ; and he de- precated any attack upon its administration. The Lord CHANCELLOR said, he hardly considered that the Solicitor. Generalhad made an attack upon himself, so much as upon the judicial system of the House and the mode in which justice had been admi- nistered. As an attack upon the administration of justice by the House, it is ;entirely unfounded. It is quite contrary to the fact that noble and learned Lords give their decisions without hearing the arguments. Indeed, Lord Brougham has been rather over-sensitive in refusing to take wxt in a decision because he did not hear every-word of the argument. If a noble and learned Lord were absent a few moments, yet be is sure to hear anything of importance, because legal arguments of that nature are repeated over and over again. The Chancellor regretted that the Soli- citor-General should have used the language imputed to him; but he understood the expressions not as if they were used in the course of argu- ment-at the bar, but as uttered in the heat of debate.

The motion was withdrawn.


Lord Moreres OLE presented a petition from Sir Culling Eardley, com- plaining of a regulation recently made at Oxford with respect to ad- mission to the degree of Bachelor of Arts. He explained the circum- stances of the case.

Sir Culling Eardley had matriculated at Oriel College some years 'since ; but upon going up for his B.A. degree, be entertained some conscientious scruples, which prevented him from subscribing to the Thirty-nine Articles. Failing to make such subscription, he could not receive his degree, and his name was erased from the College books. Upon the Oxford University Act of last session coming into operation, Sir Culling Eardley applied to the Pro- vost of Oriel to have his name replaced upon the books ; but was then told that at that time some old statutes against heresy and schism prevented his application from being granted, but that those statutes were undergoing consideration with a view to their modifiestiou or abolition. Sir Culling Eardley accordingly waited until the new statutes were promulgated, and then renewed his application for the restoration of his name ; when he was informed that he could be readmitted to his College, but only on condi- tion of signing a declaration that he was "extra Ecelesiam Anglicanam." This declaration he declined to make ; and now prayed their Lordship' House to prevent the law from being annulled by a regulation of the Uni- versity.

Lord Montea,gle remarked that the University authorities, instead of carrying the law into eked, attempted, by new enactments which were against the policy of the law, to defeat the intentions of the Legisla- ture.

The Lord Cnexcer.r.on. stated, from his intimate personal knowledge, that it would be the greatest hardship to require Sir Culling Eardley to describe himself as "extra Eeclesiam Anglicanam." The act of last year will be a dead letter if all those who entertain conscientious doubts as to the propriety of some of the doctrines to be deduced from the Thirty-nine Articles are to be excluded from the University.

The Earl of HARROWBY, as a member of the Orford University Coin- mission, felt rather embarrassed in speaking on a subject that might come judicially before him ; but he had no hesitation in saying that the re- quired declaration is against the policy of the law—he could not say whether it is against the letter. He feared, however, that the authorities at Oxford are inclined to take narrow rather than broad views of the law, and-to wish to bind those who desire to adhere to the Church by their documents, while those who dissent are left to, do as they please : that is against the policy of the law.

Lord Caseeneu.. had no difficulty in saying that the refusal of the Provost was contrary to the letter, to the spirit, and to the policy of the act of Parliament. He had no right to say the applicant was without the Anglican Church because et one period of'his life he had expressed doubts as to some of the Thirty-nine Articles. Their Lordships were aware that one of the Articles declares that judicial oaths might be taken and are consistent with Scripture. Some members of the Church of England applied to be relieved from taking them ; and on that occasion, that most distinguished prelate the Bishop of London said a man might be bond fide and truly a member of the Church of England and yet dissent from some of the Thirty-nine Articles. In his opinion, the Provest was in every way mistaken.


While the Commons awaited Black Rod to summon them to hear the Queen's Speech, on Tuesday, Sir DE Lacy Evasra spoke at some length on the conduct of the war, with a view of eliciting from Lord Palmerston a declaration that the Government are determined to prosecute the war with vigour during the recess. He said he was old enough to recollect that at the close of the last war we had 80,000 British troops, and 40,000 Portuguese troops.commanded by British officers, on the coast of Spain; besides which, we assisted the Spanish Government, maintained troops in the Mediterranean, and made war in Canada. Comparing these numbers with those in the Crimea, it will be seen, he contended, that there is a great falling-off in energy in the conduct of the war. The Government must desire to reinforce the army in the Crimea ; but they have not taken means, by augmenting the bounty and affording other faci- lities, to raise recruits. He pointed out that there are 320,000 men in India, 40,000 of whom are British soldiers ; seven sea- soned battalions at the Cape, two in Ceylon—in fact, ten battalions of seasoned soldiers who might be made available for service in the Crimea, by sending Native Indian Irregular Cavalry to the Cape, and Sepoys to the Mauritius, Ceylon and Hongkong. It would be easy to increase the Native forces in India: and have 20,000 British soldiers ready for service in the Crimea in three months. He further expressed his satisfaction at the state and numbers of the Foreign Legion and the Turkish Contin- gent; and suggested that a brigade of 5000 men should be drawn from the Irish Constabulary. With regard to a Polish Legion—that is a mat- ter of delicacy. But all Poland is not Austrian; - and if it is desired to show deference to Austria, let there be a special provision that no sub- jects of the Galician provinces shall be enrolled, but only Russian Poles. We ought to take an opportunity of showing how small is the minority which concurs in gloomy views, and statements like those made by the noble Lord who distinguished or rather extinguished himself at Vienna.

Lord PALMERSTON said that nobody was more entitled than Sir De Lacy Evans to express his opinions on the conduct of the war; and the suggestions just made should receive the deepest considemtion. When Sir Be Lacy heard the Queen's Speech, he would find that the views en- tertained by her Majesty were in accordance with those previously ex- pressed by the Government. It is true that a larger army was in the field at the close of the last war than is now in the Crimea ; but if the first year of the Peninsular war be taken, it will be found that the efforts we are now making are greater than those made by the British Government at the commencement of that war. The number of men enlisted is more than double the amount ever before enlisted in a single year ; and though the population has increased, wages have been raised, so that the labour- market competes with the army.

"However, I must do the people of this country the jusHee to say, that there never was a time when their patriotism and publio spirit were more heartily displayed than they have been, judging by the numbers who have entered the ranks of the army, since the present war began. It is true that many of those who have latterly enlisted are younger than might be desirable; yet it is difficult to adopt the suggestion of my honourable and gallant friend by not apportioning the youngest regiments for actual service, because, as he well knows, the enlistment being voluntary, those who join choose the corps to which they prefer to be attached."

Lord Palmerston was proceeding to say that there was great force in what Sir De Lacy had said with regard to the Indian army ; and that it is possible that in some stations portions of Native troops might be.made available to replace European regiments—when the immediate arrival of Black Rod was announced, and the Premier's speech was abruptly closed with a reassurance that Sir De Lacy's suggestions should receive that full consideration to which they are entitled.


Parliament was prorogued on Tuesday, by Commission. Both Homes met at half-past one ; the House of Lords sitting for a short time as a Court of Appeal ; the House of Commons listening to Sir De Lacy Evans and Lord Palmerston on the conduct of the war. When the Lord Chan- cellor had delivered judgment on the case before him, the Duke of Argyll, Earl Granville, the Earl of Harrowby, and Lord Stanley of Alderley, having taken their seats as Royal Commissioners, the doors were opened to visitors. But few Peers attended, and the array of ladies was not so large as is usual when the Queen comes in person to dose or to open the session.

The House of ComIlhons having been summoned by the Black Rod, the Speaker appeared, accompanied by Lord Palmerston and about fifty Members; and the Royal assent having been given to a long list of bills, the Lorin CHANCELLOR read the Queen's Speech.

"My Lordiand Gentlemen—We are commanded by her Majesty to release you from further attendance in Parliament, and at the same time to express the warm acknowledgments of her Majesty for the zeal and assiduity with which you have applied yourselves to the discharge of your public duties during a long and laborious session.

"Her Majesty has seen with great satisfaction, that while you have mu

i ,. pied yourselves n providing means for the vigorous prosecution of the war, you have given your attention to many measures of great public utility. "Her Majesty is convinced that you will share her satisfaction at finding that the progress of events has tended to cement more firmly that union which has so happily been established between her Government and that of her ally the Emperor of the French ; and her Majesty trusts that an alliance founded on a sense of the general interests of Europe, and consolidated by good faith, will long survive the wants which have given rise to it, and will contribute to the permanent wellbeing and prosperity of the two great nations whom it has linked together in the bonds of honourable friendship.

"The accession of the King of Sardinia to the treaty between her Majesty, the Emperor of the French, and the Sultan, has given additional importance and strength to such alliance ; and the efficient force which his Sardinian Majesty has sent to the seat of war to cooperate with the Allied armies, will not fail to maintain the high reputation by which the army of Sardinia has ever been distinguished.

"Her Majesty has commanded us to thank you for having enabled her to avail herself as far as has been required of those patriotic offers of extended service which she has received from the Militia of the United Kingdom, and for the means of reinforcing her brave army in the Crimea by an enlistment of volunteers from abroad.

"Her Majesty acknowledges with satisfaction the measure which you have adopted for giving effect to the convention by which, in conjunction with her ally the Emperor of the French, she has made arrangements for assisting the Sultan to provide the means which are necessary to enable him to main- tain the efficiency of the Turkish army, which has so gallantly withstood the assaults of its enemies.

"Her Majesty, in giving her assent to the bill which you presented to her for the Local Management of the Metropolis, trusts that the arrangements provided by that measure will lead to many improvements conducive to the convenience and health of this greet city. "The abolition of the duty on Newspapers will tend to diffuse useful in- formation among the_poorer classes of her Majesty's subjects. "The principle of Limited Liability, which you have judiciously applied to joint-stock associations, will afford additional facilities for the employment of capital ; and the improvements which you have made in the laws which regulate Friendly Societies will encourage habits of industry and thrift amongst the labouring classes of the community. "Her Majesty trusts that the measures to which she hag given her assent for improving the Constitutions of New South Wales, Victoria, and Tasmania, and for bestowing on the important and flourishing colonies of Tasmania ex- tended powers of self-government, will assist the development of their great natural resources, and will promote the contentment and happiness of their inhabitants.

"Her Majesty commands us to say, that she has been deeply gratified by the zeal for the success of her Majesty's arms, and by the sympathy for her soldiers and sailors manifested throughout her Indian and Colonial empire ; and her Majesty acknowledges with great satisfaction the generous contri- butions which her subjects in India, and the Legislatures and inhabitants of the Colonies, have sent for the relief of the sufferers by the casualties of war. "Gentlemen of the House of Commons—Her Majesty commands us to con- vey to you her cordial thanks for the readiness and zeal with which you have provided the necessary supplies for carrying on the war in which her Majesty is engaged. Her Majesty laments the burdens and sacrifices which it has become necessary to impose upon her faithful people; but she acknowledges the wisdom with which you have alleviated the weight of those burdens by the mixed arrangements which you have made for providing those supplies, 'My Lords and Gentlemen—Her Majesty has commanded us to say, that she has seen with sincere regret that the endeavours which, in conjunct:on with her ally the Emperor of the French, she made at the recent Conferences at Vienna to bring the war to a conclusion on conditions consistent with the

honour of the Allies and. with the future security of Europe, have proved in- effectual. But those endeavours having failed, no other course is left to her Majesty but to prosecute the war with all possible vigour; and her Majesty, relying upon the support of Parliament, upon the manly spirit and patriotism her people, upon the never-failing courage of her Army and her Navy, (whose patience under suffering and whose power of endurance her Majesty has witnessed with admiration,) upon the steadfast fidelity of her Allies, and, above all, upon the justice of her cause, humbly puts her trust in the Al- mighty Disposer of events for such an issue of the great contest in which she is engaged i your ged as may secure to Europe the blessings of a firm and lasting peace. yo return to your several counties, you will have duties to perform less important than those which belong to your attendance in Parlia- little le

ment. Her Majesty trusts that your powerful influence will be exerted for the welfare and happiness of her people ; the promotion of which is the ob- ject of her Majesty's constant care and the anxious desire of her heart."

After the reading of the Queen's Speech, the prorogation of Parliament 'to Tuesday the 23d October was proclaimed by the Lord Chancellor, and the proceedings of the session of 1856 terminated.