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Leader (1850-1860), 10th July 1858, Edition 1 of 2, Page 651, Untitled Article

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      patronage without the written consent of the bishops of the dioceses in -which such livings are situated . —The Earl of Derb-s objected to giving the Bishops an absolute veto on these appointments ; and the amendment , on a division , was negatived , the nnmbers being , Contents , 12 ; Non-Contents , 38 . —The report was received . The report of the County CouTt Districts Bill was agreed to . CHINESE PASSENGERS . ACT ( 1855 ) AMENDMENT BILL . Oathe motion for the third rending of thi « bill , Lord Brougham repeated his opinion that the negroes found on board the liegiaa Cceli were really slaves and not free emigrants . —The Karl of Derby said' that Lord Malraesbury took a . different view . It appeared that the negroes on board the vessel were obtained from tlie district of Monrovia , in Liberia . —The bill was read , a third time , and passed .

      The Hainault Forest ( Allotment of Commons ) Bill , and the Durham Codnti' Palatine Jurisdiction Bill , were also read a third time and passed . The House adjourned , about eight o ' clock . MEDICAL , P-RACTITION KISS KILL . At the morning sitting of the Houseof Gom ' moss , this bill passei through committee ( with amendments ) , in spite of a motion by Mr . Duscojidb to defer the committee for three months , which was negatived l ) y 95 to 8 . The Copyhold Acts ' Amendment Bill also passed through committee . ARMV SITP . OEOXS .

      In the evening , Mr . Sidney Herbert said he understood that our soldiers in India were proceeding up the country without European surgeons , and that there was great difficulty in obtainiug surgeons , owing to their dissatisfaction with their treatment ; and 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 vuen , is now before the Treasury for consideration . GOVERNMENT OF INDIA ( iSO . 3 ) BILL . On the order for the consideration of this bill as amended , Mr- Gregsox moved that the consideration be postponed till Thursday , in order to give members sufficient time for studying tlie reprinted bill . 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 th of Victoria , cap . 95 , and the substitution of two clauses : one repealing certain clauses in the act referred to , so far as they apjply to or provide for the admission or appointment of persons to -the Civil Service of India , ; the other providing that regulations shall be made by the Secretary of State in Council , with the advice and assistance of the Commissioners acting in execution of the Order in Council of the 21 st of May , 1855 , for admitting all 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 he recommended for appointment , and shall alonu be admitted to the Civil Service of India . —These clauses , after gome discussion , were agreed to .

      Mr . Gladstone moved u clause enacting that , except for repelling actual invasion , or under sudden or urgent necessity , her Majesty's forces in India shall not bo employed in any military operation beyond the externul frontier of her Indian jiosscssions without the consent of Parliament to the purposes thereof . —Lord Stanley assented to this motion . —Lord Palmicrstox strongly objected to the object nnd the wording of the clause , which he held _ to bo unconstitutional , as taking the power of peace and war out oL' the province of the Crown ; tout , with a verbal 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 < J .

      Lord PALaususTON then moved the insertion of a eluuse limiting the continuance of the act , so far aa relates to the nomination , election , numbers , duration of service , salaries , and retired allowances of tho councillors , to live years . lie repented his olijectiou to the number of the councillor ? , and said he wished to impose on Parliament tho necessity of reconsidering the points indicated in the clause which lio then moved . —Lord Stanley opposed tho clause . Its operation would be inconvenient ; besides , tho door in open at any time for a reconsideration of tho subject . Tho number of councillors might possibly prove too largo , and , if so , no Minister need bo ashamed of saying so to

      tlio House j but ho objected to condemning the bill by anticipation . — . Mr . BuiciiiT supported the motion of Lord Pulmeriston . It' no opportunity -wore given for reviewing tho bill , it might obtain an amount oi' vitality it docs not deserve . Wo should not havo had any interference with tlio settlement of 1853 had it not been for tlio Indian ltovolt ; but no ono anticipated another groat revolt within tho next live years . Tho present bill , therefore , would go on , and tho llftecn gentlemen with handsome salaried , fair retiring allowances , nnd very light duties , would aay that nothing could bo ho desirable aa the bill of 1 « 58 , und that the government of India waa perfect , though th-at country might bo loft

      to neglect . Considering that the bill was altogether an experiment , he thought it not unreasonable that the House shoiild be called on to review its action at the expiration of live years . —Th 2 clause was also defended by M > . Vebnon Smith , Mr . Mellor , Mr . KiNNAtRD , Mr . DirNLOi' / and Mr . Griffiths ; and was opposes by Mr . Macaulay , Mr . Whiteside , Mr , Ayrton-, the Solicitor-General , Mr . Vansittart , 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 I « dia into the hands of the Secretary of State . ( 2 Vo , » w > . ) This bill was a bill to transfer the Government of India from the Company to the Crown ; and , if tlie 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 . ( JTear , hear . ' ) 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 mortuum . and

      would transfer the vast continent of India ,, and all the patronage connected with it , to the unreserved administration and power of the Crown . —Lord Palmekstox said his present proposal had been entirely misrepresented by the occupants of the Treasury benches . His amendment would not abolish the Council , but would compel Parliament to reconsider their number and their salaries . This , however , would render necessary the revision of everything connected with the Council , which he 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 Ministerial benches . : Mr . Danby Seymour moved a clause repealing certain sections Of the Act 33 rd George HI ., c . 52 , in ' -order to throw open to other qualified persons offices hitherto exclusively filled by members of the Civil Service . — Lord . Stanley observed that the proposition opened a

      very large subject—rthe relations of the covenanted and uncovenanted servants . The object of the bill -was 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 . E . Colebrooke and Mr . Vamsittart spoke on the same side ; and Mr . Seymour withdrew the proposed clause , at the same time intimating that early next session he would call the attention of the House to the subject .

      Lord Stanley 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 nine 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 kitsiuNE Perry 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 oflico 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 , tlie Government could not undertake to hold them responsible for tho manner in which they employed their spare time . —The amendment was negatived without a division . Lord John Russell moved tho omission of Clauses 27 and 28 , under which , in certain cases , tho action of the Minister for India may bo secret . So great a power aa that given by tho 3 e clauses should not , lie contended , bo conferred upon any Minister ; though , in the case of

      a Ruropcan war , tho power might bo reserved without well - founded objection . —Tho Chancellor ok the ExciiEQuitit said that one of the principal features of the bill was to establish tho responsibility of the Minister ; but , if tho Ministor , on occasions requiring secrecy , were obliged to go to his council , they would diminish that responsibility . Ho therefore opposed the proposition of tho noble Lord . —Sir Jamkh Graham was strongly opposed to giving this power of oocreey . If secrecy were at nny time necessary , ho was swrc the Council would also keep it inviolate . —Sir G . C . Lewis and Mr . Mangles supported tlie motion , whioh was opposed by the Bom < : itoh . Grnkral and Lord Palmeustom , —On a division , tho clauses were carried by 17 « tol 4 i ) .

      Olauso 31 was omitted . To Clause 81 $ , Mr . Thomas Baring proposed , as nn amendment , to leave out tho words u in the Engineers and in the Artillery , " to insert , "to tho Military College at Addiscombo , " and to add to tho end of the clause tho words , " and not less tlian tuic-lmlf of tho vacancies In tlio said college shall Lo filled up by tli-o appointment of peTsons ao Bolected . "—Lord Htanlky . objected to the motion , and it was withdrawn .

      The remaining clauses , as amended in committee , were theu agreed to , and the bill was ordered to be read a third time on Thursday . MISCELLANEOUS BUSINESS . The Universities ( Scotland ) Bill was read a third tiaie , and passed . —The Titles to Land ( Scotland ) Bill passed through committee . —TUe Juries ( Ireland ) Bill , and the Juries ( Iuelanb ) ( No . 2 ) Bill , were withdrawn . —The Wills , &c , of British Subjects Abroad Bill , the Cofyrigiit of Designs Bill , and the Stipendiary Magistrates , &c ., Bill , were read ' a-third time , and passed . —Leave was given to . bring in certain bills , and , the remaining business having beea disposed of , the House adjourned at a few minutes after one o ' clock . : Wednesday , July 1 th . NEW TRIAL IN CRIMINAL CASES BILL . Mr . M'Mahon moved the second reading of this bill , which contains a provision to enable the Court of Queen ' * 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 law , or . of a jury on . a matter , of fact ; a person might bo unjustly convicted and punished . It might be said that appeals would be brought forward , merely for the purposes of delay ; but , as a security against such an abuse of the law , the bill provided that the appellant should proceed by certiomri . That proceeding -would be attended With- difficult y and expense , which would prevent persons from interfering with the administration of justice unless there were good grounds for doing so . Mr . Waleole thought that , before the 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 this session ; but be would not object toi have it read a second time , on the understanding thafi the Government did not commit themselves to it—The bill was opposed by Mr . J . D . Fitzg-ekald , Mr . Milks , Mr , Blackmore , Mr . Lowe , and Mr . Henley , and supported by Mr . Bab row , Mr .. Bowyeb , Mr . Cbosse , Mr . John Locke , Mr . Roebuck , Mr . Bright , Sir John Trollope , Mr . Gilpin , and Mr . Adams . —Ultimately , the second reading was carried by 14 = 5 to 91 . On the question that the bill be committed , the Attorney-General said he had voted for the second reading of the bill , approving its general principle ; but ifc contained so much that Was objectionable that he hoped Mr . M'Mahou would not propose to carry it further this session . —Mr . M'Mahon appeared disposed to accept this proposition ; but , Mr . Bouvuhie opposing the committal of the bill , a division took place upon this question , which was carried in the allirmative by 129 to 112 ; and the bill was ordered to be committed , that day three weeks . THE INSURANCE AND ASSURANCE INSTITUTIONS BILL . Mr . Siieiudan moved the second reading of this bill , ami said that , if the Govern incut would allow a measure of this kind to be introduced next session , ho should not persevere in his motion . Mr . SoTHERON ILsrcouitT , on the part of the Government , said he could not give a pledge to endorse sucli a bill as the present . A bill , prepared in draught by Mr . Wilson , had been left by the late Government , upon which another bill had been framed Ity the present , and , although it' had been thought unwise to introduce it this session without a prospect of its passing , it was intendod to bring in a measure upon tlio subject next year . Ho moved to defer the second reading for six months . — After a short discussion , this amendment waa agreed to , without a . division ; ao tho Li 11 is lout . The House then went into Committee on tho Reformatory Schools ( Ikicland ) Bill , the details of which occupied tlio remainder of the time to which discussion was limited . On tlio llou . so resuming , tho Police ( Scotland ) Act Amkni > mknt Hill whs road a third time , aud passed . The House adjourned at five minutes to six . Thursday , July 8 th . AMENDMENT Of THE LAW OI < ' BANKRUPTCY ANJ > INSOLVENCY . In tho House op Lords , in reply to a noble Lord , the Loud Chancellor said ho trusted that in the course of a few days u bill would be laid on their Lord-Hhips * table for the amendment of tuo law of bankruptcy anil insolvency ; but ho did not expect to bo able U pass it Una session , and expressed tho willingness of the Government to attend to any suggestions that were offered to them on tho subject . The Sale oi' Poisons Bill was read a third time and passed . . IKWfl HILL . On the motion for tlio recommittal of this bill , Lord Lyndhcust expressed Iiih < : onfid

      Untitled Article

      . ¦ ¦ » No . 4 S 3 , Jvly 10 , 1858 . ] THE LHADEB , < 55 l _

  • Citation
    • Leader (1850-1860), July 10, 1858, page 651, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct2250/page/3/