On this page

• Text (1)

  Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.

  • 

    JNo. 433, Jxtjly 10, 1858.] T H E LEA D ...

• Transcript

  • Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.

    Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.

    Imperial Parliame Nt. • Monday, July 5tk...

    patronage -without the written consent of the bishops of the dioceses in which such livings are situated . —The Earl of Derby objected to giving the Bishops aq absolute veto on these appointments ; and the amendment , on , a division , was negatived , the numbers being , Contents , 12 ; Non-Contents , 38 .- —The report was received . The report of the County Court Districts Bill was agreed to . CHINESE PASSENGER 3 ACT ( 1855 ) AMENDMENT BILL . On the motion for the third reading of thla bill , Lord Brougham repeated his opinion that the negroes found on board the Itegina Cceli were really slaves and not free emigrants . —The Kail of Derby said thmt Lord Malmesbury took a different view . It appeared that the negroes on board the vessel were obtained from the district of Monrovia , in Liberia . —Tlie bill was read a third time , and passed .

    The Hainatjlt Forest ( Allotbiesit of Commons ) Bill , and the Durham County Palatine Jurisdiction Bill , were also read a third time and passed . The House adjourned about eight o'clock .

    MEDICAL PRACTITIONERS BILL . At tbe morning sitting of the Hot t se of Commons , this bill passei through committee ( with amendments ) , in spite of a motion by Mir . Duncozmbio to defer the committee for three months , which was negatived by 95 to 8 . The Copyhold Acts AniENmiENr Bill also passed through committee . *¦ ' '¦ AHMY SUUGEONii .

    In the evening , Mr . Sidney Herbert said h « under-Stood that our soldiers in India Avere proceeding tip the country without European surgeons , and that there was great difficulty in obtainiug surgeons , owing to their dissatisfaction -with their treatment ; an < i he asked whether the subject had attracted the attention of Government . —General Peel replied in the affirmative ; and that a scheme for removing the difficulties , by improving the status of the medical men , is now before tlie Treasury for consideration .

    GOVERNMENT OF IXDIA ( NO , 3 . ) BILL . On the order for the consideration of this bill as amended , Mr . Gregson moved that , the consideration be postponed till Thursday , in order to give members sufficient time for studying the reprinted b-ill . The motion , however , was negatived . Lord Stanley then moved the omission of the 31 st clause , making provision for the appointment of persons entitled under the Act 16 th ' and .. 17 tU of Victoria , cap . 95 , and the substitution of two clauses : one repealing certain clauses in the act referred to , so far as they apply to or provide for the admission ov appointment of

    persons to the Civil Service of India ; tho other providing that regulations shall be made by the Secretary of State in ' Council , with the advice smd assistance of the Commissioners acting in execution of tho Order in Council of tlie 21 st of May , 1855 , for admitting nil persons desirous of becoming candidates for appointment to the Civil Service of India to be examined as candidates accordingly , and for regulating and conducting such examinations ; and that the candidates certified as entitled shall be recommended for appointment , and shall alone be admitted to the Civil Servico of India . —These clauses , after aoinc discussion , were agreed to .

    Mr . Gladstone moved a clause enacting that , except for repelling actual invasion , or under sudden or urgent necessity , her Majesty ' s forces in India , shall not be employed in any military operation beyond the external frontier of her Indian possessions without the consent of Parliament to tho purposes thereof . —Lord Stan lbv assented to this motion . —Lord Palmkkston strongly objected to the object and tho wording of the clause , -which beheld to be unconstitutional , as taking the power of peace nutl war out of the province of the Crown ; but , with a vorbal amendment ( consisting of the words " maintained out of the revenues of India" after the word " forces" ) , it was carried , on a division , by 152 to 1 G .

    Lord 1 ' ALMKitaroN then moved the insertion of iv clause limiting tho continuance of the act , so far as relates to the nomination ; election , numbers , duration of service , salaries , and retired allowances of tno councillors , to live years . Ho repeated his objection to the number of the councillors ' , and said he wiaUod to impose on Parliament tho necessity of reconsidering the points indicated in tho clause which ho then moved . —Lord fcjTANLisir opposed tho clause . Its operation would bo inconvenient ; besides , tho door ia oyen at any timo for a reconsideration of the subject . The number of councillors might possibly provo too largo , and , if so , no Minister need bo ashamed of saying so to

    tho House ; but ho objected to condemning tho bill by anticipation . —Mr . Bright supported tho motion of Lord l ' tilinuruton , If no opportunity wore given for reviowing tho bill , it might obtain nn amount of vitality it does not desorvo . We should not havo hud nny intoxforonco with tho settlement of 1853 had it not been for tho Indian Revolt ; but no onu anticipated another groat rovolt within tho next live yonra . Tho present bill , therefore , would go on , and thu iifu-un gentlemen with handsome tmlurioa , fair retiring allowances , and vory light duties , would say that nothing could bo ho dosirable as tho bill of 1858 , aud that the government of India was perfect , though that country might bo loft

    to neglect . Considering that the LiH was altogether an experiment , he thought it not unreasonable that the House should be called on to review its action at the expiration of five years . —Tb . 3 clause was also defended by Mr . Verxon Smith , Mr . Melxor , Mr . Kinnaiuo , Mr . DtrNLOp , and Mi * . Gkiffitus ; and was opposed by Mr . Macadlay , Mr . Whitkside , Mr . Ayuton , the SoLicrrou-GENERAL , Mr . Vanstttaet , Mr . Adams , and the Chancellor of the Exchequer , the last of whom said , the House should understand that the clause would throw the whole Government of India into the hands of the Secretary of State . { No , no . ) This bill was a bill to transfer the Government of India from the Company to the Crown ; an < l , if the Legislature

    stated that the restriction of a Council should exist for five years only , it was clear that the authority would , after that period , be with the Crown without restriction : in other words , ¦ with the Secretary of State . ( Hear , hear . ' ) The Government would be of a most arbitrary character ; and the whole of the patronage would be vested in . the Crown . { Hear , kar . ' ) Would the House agree to that ? Would the House consent to abrogate the result of all their labours ? The resolution would denude the bill of all its important enactments , would leave it merely a caput mortmem , and would transfer the vast continent of India , and all the

    patronage connected with it , to the unreserved administration and power of tho Crown . —Lord Palmerston said his present proposal had been entirely misrepresented by the occupants of the Treasury beuches . His amendment would not abolish the Council , but would compel Parliament to reconsider their number and their salaries . This , however , would irender necessary the revision of everything connected - -with , the Council , which lie considered the merit of the resolution . The House divided , when there appeared—For the clause ;; . ' 115 Against 149 Majority against .. ....... - — -34

    The announcement was loudly cheered from the Ministerialbench . es . Mr . Danby Seymour moved a clause repealing certain sections of the Act 33 rd George III ., c . 52 , in order to throw open to other qustliried persons . offices hitherto exclusively filled by . members' of the Civil Service . — - Lord Stanle y observed tbat tlie proposition opened a very large subject—the relations of the covenanted and uncovenanted servants . The object of the bill M-as to limit legislation to the Home administration of India ; if that limitation were exceeded , many other subjects of internal reform would present themselves . He must oppose the motion . —Sir T . B . ¦ Colkurooke and Mr . Vansittart spoke on the same side ; and Mr . Seymour , withdrew the proposed clause , at the same time intimating that early next session lie would call the attention of the House to the subject .

    The remaining clauses , as amended in committee were then agreed to , and the bill was ordered to be reac a third time on Thursday . MISCELLANEOUS BUSINESS . _ The Universities ( Scotland ) Bill was read a third time , and passed . —The Titles to Land ( Scotland ) Bill , passed through committee . —The Juries ( Ireland ) Bill , and the Juries ( Ikeland ) ( No .,-2 ) Bill , were withdrawn . —The Wills , & c , of British Subjects Abroad Bill , the Copyright of Designs Bhjl , and the Stipkndlvhy Maoistkates , & c , Bill , were read a third time , and passed . —Leave was given to "bring in certain bills , and , the remaining business having been disposed of , the House adjourned at a few minutes after one o ' clock .

    Wednesday ., July 7 th . NEW TRIAL IN CRIMINAL CASES BILL . Mr . M'Mauon moved the second reading of this bill , which contains a provision to enable the Court of Queen ' s Bench to remove doubts in existence respecting the power of the Queen's Bench to remove indictments after trial up into the court , and to grant a new trial . The bill also contains provisions to remove doubts respecting the applicability of the statute of Edward I ., respecting bills of exceptions to criminal cases , and to allow the subordinate courts to grant new trials . The right of

    appeal should be given where , owing to the mistake of a judge on a matter of la-w , or of a jury on a matter of fact , a person might be unjustly convicted and punished . It might be said that appeals would be brought forward merely for tlie purposes of delay ; but , as a security against such au . abuse of tho law , the bill provided that the appellant should proceed by certiorari . That proceedlug would be attended with , difficulty and expense , which would prevent persons from interfering with the administration of justice unless there were good grounds for doing so .

    Mr . Wali'OLE thought that , before tbe bill was read a second time , it would require very material alteration . He was quite sure the bill could not pass in its present form during tliia session ; but be would not object to have it read a second time , on the understanding that the Government did not commit themselves to it . The bill was opposed by Mr . J . D . Fitzgerald , Mr . MIiles , Mr . Blacivmoue , Mr . Lowe , and Mr . Henley , and supported by Mr . Barrow , Mr . Bowyer , Mr . Crosse , Mr . John Locice , Mr . IIoehuck , Mr . Bright , Sir John Trollope , Mr . GiLrtw , and Mr , Adams . —Ultimatel y ^ the second reading was carried by 145 to 91 .

    On the question that the bill bo commi tted , the Attoknicy-Gkneual said he had voted for the second reading of the bill , approving its general principle ; but it contained so much that was objectionable that he hoped Mr . M'Mahon would not propose to carry it further this session . —Mr . jM- 'Maiion appeared disposed to accept this proposition ; but , Mr . Bouverik opposing the committal of the bill , a division took place upon this question , which was carried in the allirmative by 129 to 112 j aud the bill was ordered to be committed thut day three weeks . . THE INsURANUK AND JVS 3 UUANCK INSTITUTIONS BILL . Mr . Shickh > ax moved the second reading of this bill , and said that , if tho Govornmcnt would allow a measure of this kind to be introduced next session , he should not persevere in his motion .

    Lord Stanle y proposed to add At the end of Clause 8 , the following words : — - " Provided also that , if any person being or having been such director , and elected or appointed as aforesaid , shall refuse to accept the office , it shall be lawful for her Majesty , by warrant under her Royal sign manual , to appoint , in the place of every director so refusing , some other person to be a member of the council , but so that mine members of tha council at the least shall be persons qualified as hereinafter mentioned . "—The motion was agreed to , and the words were added to the clause .

    Sir Ersicine Pekry proposed in Clause 10 , line 10 , after " behaviour , " to insert , " and shall not , so long as he shall remain such councillor , accept , hold , or carry on any other offico or situation , or any profession or employment from which any gain or profit shall bo derived . "—Lord Stanley said that , - when the councillors had discharged their official duties , tho Government could not undertake to hold them responsible for tho manner in which they employed their spare time . —The amondment was negatived without a division . Lord John Russell moved the omission of Clauses 27 and 28 , under which , in certain ca « es , the nction of tho Minister for India may bo secret . So groat a power as that given by those clauses should not , ho contended , be conferred upon nny Minister '; though , in tho case of

    ¦ Mr . Sotiiukon Estcouiit , on the part of the Government , said he could not give a pledge to endorse such a bill as the present . A bill , prepared in draught by Mr . Wilson , had been left by tho late Government , upon which another bill had been framed by the present , and , although it had been thought unwise to introduce it this session without a prospect of its pushing , it wus intended to bring in a inoasure upon tho subject next year . Ho moved to defer the second reading for six months .- — After a short discussion , this amendment was agreed to > without a division ; so tho bill it * lost . The Houso then went into Committee on the IIekormatouy Schools ( Ijucland ) Bill , the details of which occupied the roniiiindor of tho timo to which discussion was limited . On the House- resuming , the Policu ( Scotla . ni >) Act Amknumknt Bill was read a third time , and pussed . Tlie House adjourned at five minutes to six . Thursday , July 8 th . AMENDMENT OK THlfl LAW OK 1 » ANK . UU : TTOY AN 1 > INbOLVENUV . In the House ok Lords , in reply to a noblo Lord , the Loud Oiianckllor uaid ho trusted that in tho course of a fow days a bill would be laid on their Lordships' table for tho amendment of the law of bankruptcy and iinsolvency ; but ho did not expect to be able to pass it this session , and expressed tho willingness of tho Govornmcnt to attend to any suggestions that woreoffered to thorn , on tho subject . The Salk © i * Poisons Biix was road a third timo and passed . JKWH IlIMi . On the motion for tho recommittal of this bill , Lord Lyndiiuubt expressed his confident expectation that this and tho Oiitha Bill would ho pusncd by the Hon . ie of Commons , and , if so , ho thought tho advocate * of Jewish rights would have icanon to bo natlauarf . Having communicated with persons of tho Jowlflh faith , ho bftgjjed to any that ho should not oppose

    a European war , tho power might bo reserved without well - founded objection . —Tho Chancellor of tub Exchequer said that one of the principal features of the bill was to establish tho responsibility of tho Minister ; but , if tho Minister , on occasions requiring secrecy , were obliged to go to his council , they would diminish that responsibility , llo lliercloro opposed tho proposition of tho noblo Lord . —Sir Jamks Graham was strongly opposed to giving this power of secrecy . If secrecy were at any timo necessary , ho was sure the Council would also keep it inviolattf . — Sir G . C . Lrcwifl and Mr . Mangles supported the motion , which was opposed by tho Soln : ito 3 uGenicr . al nnd Lord Palmbiistom . —On a division , tho cluurfos wore carried by 17 ( J to 14 !) .

    Clause 31 wns omitted . To Clause 80 , Mr . Thomas IlAitiKft proposed , n « an amendment , to lenvo out tho wonln " in the ICiifrineevs and in the Artillery , " to insert , "to tho Military College at Addiscombo , " and to add to tho end of tho clauso tho words , " nnd not loss than ono-hnlf of tho vacancies in tho said college ahall bo ( 11 led up by tho nnpointinent of persona so selected . "—Lord Ht . ikikv objected to the motion , and it was withdrawn .

    Jno. 433, Jxtjly 10, 1858.] T H E Lea D ...

    JNo . 433 , Jxtjly 10 , 1858 . ] T H E LEA D E R . 651

• Citation
  • Leader (1850-1860), July 10, 1858, page 3, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/cld_10071858/page/3/