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Leader (1850-1860), 19th July 1851, Edition Country of 2, Page 5, Harwich Election.—Mr. Banks's motion for...

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      After A Session Of Unusual Barrenness, T...

      tt » dr igiH » just one , M It mainly originated in the meanre of the noble lord opposite for «• emancipation of the slaves . ( Ch * ra and counter eAstr * . ) I am perfectly aware that many noble lords , for whom I have great admiration , are jointly responsible with the noble fords for that measure . I know his intentions were most praiseworthy and most excellent , but I wi 1 not the less state now , as I thought in 1833 , and as I stated m 1833 in my place in the other House or Parliament , that that measure was an unwise one ; that it carried a great

      object by injudicious means ; and it was ^ calculated to ihflicl great and unnecessary injury on the masters of slaves which you emancipated , and was also not calculated to advance the true and best interests of the slave population , to which you gave the inestimable boon of freedom . ( Cheers . ) Whether that opinion of mine is inaccurate or not , at all events the noble lord will not contradict me when I say that the discontent of the Dutch boers dates from , and may be traced to the Slave Emancipation Act of 1833 . "

      When the House divided , there were—For the motion—Contents , 68 ; Non-contents , 74 . Majority for the Government , 6 . No proxies were used . The House then ajourned at one o ' clock . The Jew Bill came on for re-discussion on Thursday night . The Loud Chancellor mored the second reading , in a speech which embodied those arguments so familiar to the public . A strong opposition was , of course , manifested against the measure

      by Earl Nelson , Lord Shaftesbuby , and Lord A ' bingee . Their ground of opposition was mainly the same—that the nation and its Legislature were Christian , and that to admit the Jews , by abolishing the words « ' on the true faith of a Christian , ' would be equivalent to a declaration that England had given up Christianity . Earl Nemon moved that the bill be read that day six months . The speeches in support of the bill were delivered by Lord Wodehouse , the Archbishop of Dublin , Lord Carlisle , the Earl of Wicklow , the Bishop of Norwich , and the Duke of Argyll ; the last , in a speech of lively interest , followed and replied to Lord Shaftesbury in a very spirited fashion . When the House divided there

      were—Content for the second reading , present 60 , proxies 48—108 ; non-content , present 82 , proxies 62—144 . Majority against the second reading , 36 .

      Jttt* 19, 1851.] ©!>* »$«•*«> ¦ 673

      JtTt * 19 , 1851 . ] ©!>* » $ «•*«> ¦ 673

      Harwich Election.—Mr. Banks's Motion For...

      Harwich Election . —Mr . Banks ' s motion for inquiry into the corruption of Harwich , in which it was alleged Government was implicated , was negatived only by 82 to 80 . The Radicals , as usual , coining forward to whitewash the Whigs . Metropolitan Cbmbteribs . — Mr . Cornewalt , Lewis , in reply to Lord Duncan ? stated , on Monday , that no cemeteries had yet been purchased by the Board of Health , but that they were in treaty for two—Nunhead and Brompton . Of the purchase for Nunhead the arbitration was concluded , and the award was daily expected . The arbitration with respect to the Brompton Cemetery was to conclude this week . The fund for defraying the purchase moneys of these cemeteries was to be raised on the security of the rate under the act . Water Supply op the Metropolis . —Mr- Thomas

      DtTNCombe asked Lord John Russell , on the same day , what course Government intended to take upon this question when the committee now sitting should have made a report . Lord John Russell said that the course of the Government must of course depend on the proceedings of the committee . It was improbable that the committee would report in time for legislation . The Government would , therefore , bring in a temporary bill , in order that the whole question of sewers and water Supply , which it was considered desirable should be under one management , might stand over till next session . But by Wednesday the noble lord had altered his intention ; for he stated that , " seeing the lateness of the session and the protracted inquiry that was being made by the committee to which the Government bill had been referred , it was not the intention of the

      Government to proceed with the bill on the subject of the water supply of the metropolis in the present Bession . At the same time , he thought it his duly to state that it was very desirable that the committee should proceed with their investigations , and , at the close of the session , Should have the power to report their opinion to the House with respect to the general question of the water supply of the metropolis . He thought it was likewise desirable that they should report the evidence , and , if they had it in their power , to report their opinion and the evidenoe . He thought the House Would be in a state to proceed with a measure regarding the water supply of the metropolis next session with far better information and means of coming to what he trusted would be a useful and beneficial decision , than they were at that moment . "

      Dublin Hospitals . —Mr . RjsYNoa so moved a ttring of resolutions when the House was about to go Into Committee of Supply , condemning the reduction of the annual grant to the Dublin Hospitals as " impolitic and unjust . " It is not easy to discover the ground Upon which the Chancellor of the Exchequer opposed this resolution , except it was that a committee , which , onee sat to inquire into the question of grants to hospitals , had voted for the discontinuance of this special grant . Mr . Vehnon Smith , however , laid it down as a principle , that parliamentary grants to charitable institutions were indefensible , and Mr . 8 ii > nky IlRnBuax agreed with that principle as a general rule ; but contended that the special circumstances justified an infraction of th * principle . Mr . Reynolds was not disposed , as matters stood , to prows the House to a division ; but a

      rolce , understood to be Mr . Disraeli ' s , called out " Divide , " and then the motion was rejected by 106 to 43 . H 0 B » iBLD Bbtatb . —A conversation , brought about by Mr . Hume respecting the charges urged by Mr . Horsman against the Bishop of Gloucester , elicited nothing new . Mr . HtJME called upon Mr . Miles for his defence of the bishop . He said he was quite ready to enter upon it , if the House felt that it was a proper occasion . Mr . Horsman was in a difficult position . He was quite ready to substantiate what he had previously urged that night , but that was not a convenient course for the Government . He complained of the removal of the explanation of the bishop—first " into the public journals , and next into the House of Lords . He had brought before the House

      one of the greatest and grossest abuses upon a very serious subject which could be brought before them , and if the House did not think it necessary that any further explanation or answer should be given , he did not feel called upon to move . But he flung down a challenge in his finishing sentence , characterizing the proferred explanations , by asserting that a " more evasive and unsatisfactory retirement of a charge , or , rather , a more full and complete acknowledgment of the correctness of that charge , it was impossible to conceive . " Lord John Manners thought , on the contrary , that the charges had been satisfactorily disposed of both in the public journals , and by the speech of the Bishop of Oxford . While Mr . Gladstone confessed that the subject needed more discussion , and that Mr . Horsman had acted very fairly in demanding more discussion for the sake of his own reputation . At the same time he

      considered the charges of Mr . Horsman had been " seriously impugned , " and the Bishop of Gloucester ' s conduct completely vindicated in " almost every substantial point . " The subject then dropped . The question was again opened up on Thursday , by Mr . Miles offering a defence of the Bishop of Gloucester , which amounted to that which will be found in the report of the speech of the Bishop of Oxford in the Lords . Mr . Horsman ' s reply consisted of a reiteration , with additional corroborative evidence , of his previous charges . Mr . Gladstone and Sir James Graham intervened in favour of the Bishop of Gloucester , the former entering into a defence ; the latter shirking debate upon the merits , and contenting himself with the expression of his opinion , that the accused , prelate was innocent , and making a personal attack upon Mr . Horsman . The discussion had no practical issue—the matter stands exactly where it did .

      County Court Extension . —An important debate took place at the morning sitting on Tuesday , in committee upon this bill . The Attorney General made an attempt to obtain exclusive audience for the bar in all actions for sums above £ 20 , on the ground that a combination existed among the attorneys , having for its object the total exclusion of barristers from the County Courts , by refusing to employ them . The feeling of the House was decidedly against his plan . Mr . Fitzroy contended that the bar had no right to restrict the public in the choice of an advocate . Sir Gborob Strickland said it was a struggle between cheap and dear justice , and he was sure the committee would not give exclusive andience

      to the bar . ( Cheers . ) Mr . Henley must confess it was his own wish , and also that of Sir James Graham , that both attorneys and barristers should have a fair field and no favour . ( Loud cheers . ) At the same time he thought the success of the courts would mainly depend upon the presence of a bar . Ultimately an amendment , proposed by Mr . Card WELL , to the following effect , was adopted ;—" That it shall be lawful for any person or party to the suit , or an attorney of the superior courts of record , or a barrister retained by or on behalf of either party to the suit , or , by leave of the judge , any other person to appear for him and address the court without any right of preaudience or exclusive audience , but subject to such regulations as the judge should from time to time direct for the transaction of the business of the court . " The

      Chairman reported progress , and oa Wednesday the House went again into committee on the bill . . Additional clausen were moved by Mr . Crowder , two of wfiich were carried ; one setting up the judge of the Superior Courts as a Court of Appeal , in place of the puisne judges under the act now in force ; and . the other giving the judges power to make general orders for the regulation of appeal proceedings .

      The Law Op Partnership.—The Report Of Th...

      The Law op Partnership . —The report of the Select Committee on the Law of Partnership was issued on Thursday . The committee state their conclusions upon the general question of responsibility—first , with reference to that of shareholder ^!; and secondly , to that of partners in private firms . There is a tendency of capital to invest itself in personal property ; and . this increase of investments in personal property denotes the necessity for removing injurious obstacles with regard to them . Under the existing law , no person can advance

      capital to any undertaking , unless it be a chartered one , without becoming liable to his last shilling and his last acre . The committee contend that this liability often deters perHorifl of moderate capital , and who arc esteemed for their intelligence and probity , from taking part in the local enterprises of the nature of water and gas works , roads , bridges , markets , baths , lodging-houses , Ac . ; and that it would be desirable , under the supervision of a competent authority , to grunt charters in all such oases upon a definite form of application .

      With regard to private partnerships on limited liability , the committee , having found great diversity of opinion , hesitate to express an unqualified view . The best-informed persona , however , seem unanimously to consider that additional facilities to settle partnership disputes in accounts , and some cheaper tribunal than Chancery , are wanting , and the committee , therefore , have come to the resolution that the law of partnership in general requires careful and immediate rcviuion , and that a commission should ^ bo appointed of adequate legal and commercial knowledge to suggest such changes as

      may be requisite , whether as respects " the establishment of improved tribunals or the important and much-controverted question of limited or unlimited liability of . partners . " They state also the existence of a decided feeling that , if a relaxation of the law of partnership should take place , increased stringency should be given to the bankruptcy laws . An alteration of the usury laws is likewise recommended , to increase the facility of persons embarked or embarking in business to obtain increased capital , which the committee conceive would be one of unmixed public advantage . They , therefore , suggest that power should be given to lend money for not less than a year at a rate of interest varying -with

      the rate of profits in the business in which it may be employed ; the claim for repayment of such loans being postponed to that of all other creditors ; that in such case the lender should not be liable beyond the sum advanced ; and that proper and adequate regulations be laid down to prevent fraud . In dealing with the question as to public companies , the committee propose that the power of associating for useful enterprises under a limitation of liability should be extended by a greater facility in granting charters under rules published and enforced , by the proper authorities , but Parliament are to take upon themselves to specify what are " useful enterprises , " instead of relying upon the much safer results of individual sagacity .

      Lord Grey Versus Mr. Fairbairn. Lord Gre...

      LORD GREY versus MR . FAIRBAIRN . Lord Grey made the following statement in the House of Lords during the Cape Town debate . He spoke it " deliberately "—it did not escape in the heat of the moment—it was planned and arranged : — " A gentleman named Stanford—who had since been knighted for his services—a man of remarkable energy of character , had retired from the army in which he had served as an officer , and settled at the Cape as a farmer , and by his perseverance he had acquired a large landed estate and property of considerable value . When this gentleman became acquainted with what was going on , he went to the governor and told him that as long as he had any supplies he would not allow the gallant array to

      which he once belonged to be without , nor suffer the unhappy convicts in the Neptune to die a lingering death for want of fresh provisions , nor permit the sick sailors in the naval hospital to be deprived of the viands necessary for their recovery . Having a large stock of cattle and corn , and , being a man of great energy , he succeeded in assisting the governor 1 n the way he had offered . What was the consequence ? He became a marked man , and continued to be so up to the present hour , for the anti-convict persecution did not cease with the withdrawal of the order for the landing of the convicts , but remained in force at this moment . The servants of this gentleman were intimidated ; nobody would buy or sell with him ; the grain of his crops nearly fell out of the ear before he could

      employ labourers , at an exorbitant Tate , to reap them . He was left without money ; no banker dared to advance him a shilling , and his most intimate friends were afraid to furnish him with articles of the first necessity . This unmanly vengeance was extended even to his wife and children . Lady Stamford being unwell , the chemist refused to make up a prescription for her . On another occasion , one of his children was taken ill , and the farm being situated a considerable distance from Cape-town , Lady Stamford waa obliged to proceed thither for medical assistance and a nurse . Under these circumstances , the anti-convict party had the barbarity so to exercise their power that no livery stable-keeper in Cape-town would furnish horses to take the distressed mother and a physician to the sick child in the country . It was not till late in the evening , and by the assistance of the governor's secretary , Lady Stamford

      obtained a carriage and horses to take her home . The case did not stop here . The child eventually died , and Lady Stamford proceeded to Cape-town for the purpose of having it interred . She stopped at an inn by the road side in order to feed her horses , and the innkeeper , although aware of the danger he incurred , said that , having children of his own , lie would not refuse to aid a mother in distress . For this the vengeance of the party was extended to the innkeeper , the travellers in hia house at the time left it in a body , and the man was ruined . ( Hear , hear . ) The real object of those proceedings was , not to exclude convicts from the Cape , for that had . already been conceded , but to consolidate , and confirm the power of a party , on which the success of the noble lord ' s motion would act as a direct encouragement ; for lie begged to inform their lordships that the ringleader of the Auti convict Association and the editor of the

      newspaper winch had been the most efhcient instrument in carrying out the atrocious system of intimidation existing in the colony , was the very Mr . Fairbuirn who was at present in this country aa the organ and representative of the party . " Mr . Fairbairn hns Bent a gentlemanly note to the Times , inclosing the following extract : — " ( From the South African Commercial Advertiser . ) " Anti-convict Association . " Cupc Town . December 2 !> , IS ID . " Mr . Sutherland , —Mr . Fairbairn has pointed to the danger there is in believing statements made with regard to the proceedings of the association , when the

      information comes from persons connected with the Qovornment . One of the kind , whinh hun obtained considerable currency of late , i » , that Captain Stanford could not obtuin a medical man to attend his sick child . We all know very well that an express resolution was passed to exclude . judges , executioners—( loud lanff hler)—niUu » iorBt anrt doctors from the operation of the pledge- We know also that Mr . Hollo-way [ the innkeeper referred to by l , ord . Grey in the House ol LonJ » , on Tuesday evening furnished Captain Stanford with all the rccommodatnm he required under th . melancholy circumstances m whioh he Was reoently placed . ( Cheers . ) These reports ate busily

  • Citation
    • Leader (1850-1860), July 19, 1851, page 5, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/cld_19071851/page/5/