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tion , and as to encouraging the settlement of the English in India . The Duke of Abgyll defended the Government proposition—with some spirit , but in general terms . Respecting the Court of Directors , there was nothing anomalous in giving the government of a country to those who had acquired it . The Marquis of CtANRi-CAEDE objected to the Duke of Argyll ' s authoritative tone , and to the absence of argument in his speech . The present Government of India was too costly ; the Home Government alone cost 200 , 000 ^ . a-year . Lord Axbemakle also urged this consideration .
As the discussion proceeded , the " House / thin throughout , had dwindled down to very few . When the Duke of Argyll was speaking there were not halfa-dozen peers present ; and when Lord Alhemarle sat down , no one else rose , nothing else was done , and the five or six noble lords went home , a little after nine o ' clock .
OATHS IN COUETS OF JUSTICE . Lord Beougham presented petitions from clergymen of the Scottish church , clergymen of Scottish dissenting congregations , and several laymen , in favour of the abolition of oaths . Lord Brougham then stated the case . Various acts of Parliament had been passed , removing by degrees the disqualification—for it amounted to thatof certain sectaries to be examined in any case , in consequence of their conscientious scruples to taking oaths , so that at length , in respect of three sects , the Quakers , Moravians , and Separatists , not only were the members of those bodies enabled to give evidence upon affirmation in civil cases , but they were also permitted to appear as witnesses upon making affirmation in criminal cases . Subsequently an act—a most proper one—was passed , extending the same privileges to all persons » vho had formerly been members of those sects , and had ceased to belong to them , but who still retained a conscientious objection to taking
an oath . These concessions were , however , confined to these three sects , and they alone enjoyed the privilege , if privilege it might be called , in assisting in the administration of justice as witnesses , and performing their duty to their country without doing violence to their conscientious religious scruples . But now , and ever since the last of those acts of Parliament was passed , assisting those three sects , all others who did not belong to them remained in the same predicament of not being able to give evidence , and in respect to them the country and the administration of justice was in the predicament of losing
the benefit of their testimony , because they conscientiously refused to take an oath . The consequence of this was , as the petitioners stated , grievous to the administration of justice ; and it so happened that , under present circumstances , a party might be taken up before a police magistrate for a serious offence , and the only evidence to convict him . being that of one of those respectable and conscientious persons who were unable to take an oath , the guilty man might escape , and the innocent man might be committed for contempt of court , because he could not violate bis conscience by swearing when bis conscience told him not to do so . But it was to understate the case
to say that an innocent and conscientious witness might Buffer imprisonment while a guilty felon escaped ; for not only might it happen , but it had happened , that an innocent man was convicted for wnnt of evidence by which his acquittal could be insured . But Lord Brougham differed from the petitioners in the extent to which their opinion went , and he considered that a general abrogation of the necessity of swearing witnesses , and a general power of getting evidence on simple ullinnatioii , would not be an expedient change to make in our law , civil or criminal . When Lord DeniiMii ' . s bill on this subject had been before the Lords in 18-19 , Lord Brougham had taken nn active part in opposing that hill . " It was the only ease in which I had ever had the misfortune of differing from
thut most learned and venerable person , and it gave me great pain to bo under tho necessity of testifying that difference of opinion , and of acting upon my own judgment . " They all knew what great diflieulty there ¦ was in the administration of justice in getting at the truth ¦ when a willingness existed on the part of a witness to conceal or to pervert the facts ; and ho could not help fearing that there were many peraous in tlio community who might be induced to give false testimony , if an affirmation only were required of them , who would not , he disposed to tell a falsehood when they were liable to be prosecuted for perjury , for breaking their oaths . lie well recollected an instance related to him by the late Lord JErskine of a witness , a female , from the northern part of
Ireland , who was under examination . She had given the most clear nnd unhesitating evidence , when sworn before the Court of Queen'n Bench in the ancient form , by the crier of the court , administering the oath , and by her kinging th « book . The judge , who tried the case , miid to Mr . I ' , rnkine , who was counsel on the other side , "Mr . ICrskine , surely you cannot meet this evidence ' . " lie replied , "I think , my lord , [ ciin ; " whereupon having ascertained from what , purl of the kingdom the witiirns came , ho snid he would swear her in the Scottish fashion . Accordingly he made her hold up her hand , and then .
with that rummer and voice which no one that he ( Lord lirougham ) had evor bocii or heard could come near for its impreHHiverieNB , its miavity , and Hh dignity , he repeated to her that solemn form of oath by which our fellow-subjects in tho northern part of the inland nre sworn , and which wan oh far superior to ours in this part of the country an it , "wiih |) ohhiI ) 1 ci for ono solemnity to be miperior to another . It ih luhniniHtercd by the judge , and in it tlio witiiCHH waB called upon to Hwear by Almighty ( Jod that , uh ho shall nnswor to Him at the great day of judgwmt , ho will tell tlio truth , tho wholo truth , and
nothing but the truth . Most improperly , mdeed , the words were added , " as far as I know , or shall be asked . Well , the witness refused to take this oath ; she went down from the box , and there was an end of the matter . There was another case which happened within Ins own knowledge . It was that of a young man who was present When some offence was committed . He was taken before a magistrate to give evidence , but he refused to swear . J ± e was committed to gaol , where he was kept a month although he was in feeble health ; and when he came out of g-aol he took to his bed and died in six weeks , in conseouence of the confinement he had suffered . In conclusion ,
Lord Brougham said , he thought that a discretionary power should be given to the court to take an affirmation instead of an oath where there existed a conscientious objection on the part of a witness . He found , from a great number of cases that had been mentioned to him , that this discretion was at present exercised in Scotland , in some cases bv the judges , but more frequently by the magistrate . It was perfectly clear , however , that it was illegal to dispense with the oath , and that the evidence given on affirmation in such cases was inadmissible , lhe impression on his mind was , that it would be expedient to render that course legal which it appeared was sometimes adopted under the pressure of difficulties , and he trusted that their lordships would take this suggestion into their serious consideration . Lord Campbell presented other petitions , with the same prayer , and expressed a full agreement with Lord Brougham's opinions .
The India Bill—Threatened Opposition . —Lord Stanley has given notice that , on the 23 rd instant , he should , upon the order of the day for the second reading of the bill for the government of India , move the following amendment : — " That in the opinion of this House further information is necessary to enable Parliament to legislate with advantage for the permanent government of India , and that at this late period of the session it is inexpedient to proceed with a measure which , while it disturbs existing arrangements , cannot be considered as a final settlement . " Soap Duties . —Mr . Wilson proposed that on the 5 th of July next , the Soap Duties shall cease and determine . Mr . Feewen earnestly suggested that the Hop Duty should be repealed instead ; but was prevented by the forms of the House from moving an amendment to that effect . The resolution for the repeal of the Soap Duties was therefore agreed to .
Fkench Occupation of Rome . —At the request of Lord John Russell , Mr . T . Duncombe withdrew a motion on this subject , of which he had given notice . In doing so , he said : — " To prevent any misrepresentation or misunderstanding on the subject , perhaps I may be permitted to state , that it was not my intention to have submitted the motion in any spirit offensive to the French nation , or disrespectful to the ruler of their choice . On the contrary , I entertain the hope that the feelings of amity and regard existing between the people of France and those of this country , and also between the rulers of the two countries , will enable them , by acting cordially in concert on any occasion that may present itself , to overcome any difficulties , from whatever quarter they may proceed . "
Savings' Banks . —The Government Bill on this subject was read a second time on Monday . Mr . Gladstone had intended to make a statement on the subject , but the late hour of the night at which it came on ( twelve o ' clock ) precluded the intended explanation . Polling- at Elections . —New regulations of the poll at University elections have been introduced in the Elections Bill now before tho House . The Vice Chancellor is to fix tho nomination for a day not sooner than six , not later than twelve , days nfter lie receives the writ . The polling to commence not sooner than six , nor later than twelve , days after the nomination : it is to open onch day at nine o ' clock , and to close at the discretion of the Vice Chancellor , not earlier than four , nor later than six , each evening .
Harwich . —A new writ has been issued for Harwich . In the conversation on the subject , tho corruption of the borough was denounced by several Liberal members ; whilo Kir It . Inolis , Mr . Wawdinotok , and others , defended tho constituency . Lord John Russell took a medium course , ifo would not oppose the issue of the writ , but there should , he thought , bo further inquiry into the corruption of Harwich ; or leave should bo given at onco to brin g in a bill to disfranchise the borough . But on a division the writ was issued by a majority of 247 to 102 . Commnation op Workmen Bill . ¦— This Bill Imp been " read a third time and passed" in the Houno of Commons . Excihk B-uty on SpntiTH . —Last evening tho Irish mom hers made a pertinacious opposition to this bill . They divided the House four times on repeated motions for adjournment , but . Mr . GladHtone was firm , and succeeded in getting the bill read a third time .
The War in Bukmaii . —Mr . Cobbek complained that many Indian official documents were garbled , and Mr . BitroitT referred to the great mortality among the troops in Burmah . Mr . Baii-lik said that " all Governments " cut out extracts from correspondence-, and Sir Chaulks Wood said that the documents were " prepared" by tho Itoiml of Control ; and respecting the mortality he " admitted" it .
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riKTTKRS FROM PARIS . [ FltOM OIIK OWN CoiUlKSl'ONDENT . J I / KTTKK LXXVII . 1 ' iiriH , Tlun-Milay Kvening , Juno 1 ( $ , 185 !) . FitKBH complications have arisen ninee yesterday to arrest tlu » upward movement , in tho FiiihIn . On the faith of the Times , that the occupation of the Dniuihiiui provinces would not be a casus belli , tho Bourn ; went up two francH fifty cents . But it seems that tho Times , and consequentl y that Hcctioa of th « Englbli MiniHtry
of which it is the reputed organ , had overlooked the treaty of Balta-Limau , which distinctly specifies and determines all the different contingencies under which that occupation may take place , and which does not permit Eussia , in such a case as the present , to set foot in , Moldavia or Wallachia . The Turkish ambassador at Paris , Vely Pacha , had an interview on Monday last with M . Drouyn de THuys , the Minister of Foreign Affairs , for the express object of making representations to him on this point . M . Drouyn de l'Huys , havingconsultcd Bonaparte , the latter announced to his
Council of Ministers that he was not disposed to consent to the occupation of the Danubian provinces by Russia . Yesterday ( Wednesday ) M . de Kisseleff , the Russian ambassador , had an audience of the Emperor , to tell Mm officially that the Russian forces would occupy Moldavia and Wallachia , but that the intention of the Czar fni effecting this occupation was not at all to make an attack upon the integrity of the Ottoman empire . Thereupon . Bonaparte had a copy of the treaty of Balta-Liman . produced , and after having it read to M . de Kisseleff ,. he demanded of the ambassador " whether that treaty
authorized Russia to occupy the Danubian provinces under actual circumstances ? " to which M . de Kisseleff could offer but a stammering reply . Then Bonaparte declared , clearly and decidedly , that " France would regard the occupation of Moldavia as a casus bellV * The text of the treaty of Balta Liman , about which your Ministerial journals have been singularly reserved , is positive in this respect . The event in which Russia may occupy the Danubian provinces is in case the people , or the Hospodars should attempt to
change the form , of government established in those provinces . In any case the Russian army of occupation may not exceed 35 , 000 men , which is to be the number of a similar army of occupation on the part of Turkey—in other words , it must be a simultaneousoccupation by the two Powers . Such is the text or the treaty of Balta Liman . Russia can only occupy Moldavia and Wallachia in the event of an intestine revolution in tliose provinces ; and at present there is nothing of the kind .
The financial world was again thrown into consternation at learning this new difficulty . All was uncertainty , panic , and collapse . What , indeed , is to be the upshot of ifc all ? Will England join with France throughout all possible eventualities ? One need not be a very subtle politician to understand that the pretended provisional occupation of tiw Danubian Provinces by Russia might very well become a definitive occupation ; in which case two > large and fertile provinces would be annexed to the Russian territory without striking a blow . Now , will England suffer this occupation so quietly ? Will she perceive , or fail to perceive , that to suffer such an event to be accomplished without resistance would be a national forfeiture ? These are the questions every one is . askinc-. The most sinister rumours are in circulations
A telegraphic despatch from Vienna lias just nnnonnc * cc that the Russians definitively crossed the Pruth © m the 14 th inst . Another despatch from Constantinople ? states that on the 6 th inst . the Porte again rejected the ^ ultimatum of the Czar . These two rumours wouldl mutually confirm each other . Rumours of another nature , but these advisedly spread by Russian agents , have at the same time been in circulation on tine Bourse . If we nre to believe these Russian emissaries ,
a revolutionary movement is on the point of bursting forth all over Europe . It has been rumoured that a terrible insurrection had again broken out at Milun , and only been quelled nfter terrible slaughter ; that a great number of arrests and military executions had taken place ; that a strong force bad moved to tho frontiers of the Tessino . The whole truth of these alarming rumours amounts , I believe , to this—about n dozem arrests have been made at Milan , nnd some ferment , exists in that city .
lo frighten the I rcneh government , it was rumoured that the war party in the British Cabinet had resigned , leaving- tho foreign policy in tho liandH of tho peace party . On the other hand , to alarm the English government it was reported that orders had been sent to all thegarrisons in France to form a corps d ' armfa under tho titlo of Army of tho Rhine . All these rumours arc somany Russian mnnoeuvres . Indeed , for the hint ten ; days , Russia has almost mirpasnod herxclf in diplomatic Btmtiigcinu . She has been intriguing at tho four courts of Paris , London , Berlin and Vienna , under four different ospcctri .
I . To France « he represents England as desiringwrnv for the solo mike of annihilating tho Russian nnvy and naval establishments in the Baltic and the Kuxine , — o holocauHt to British supremacy of the hcuh . Thut suck wero tho instructioiiH to tho British ambassador at CoiiHtantiiioplc . II . To England she roprcHenta Franco oh desiring ;
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' T H E L E A D E E . [ Saturday ,
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Leader (1850-1860), June 18, 1853, page 582, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct1991/page/6/
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