The Express. — London, England, 1853-05-12 00:00:00

IMPERIAL PARLIAMENT. the public voice was expressed in favour of this bill. The bun. gentleman said eminent lawyers were against the bill. Of course they were ; they trisected to be sherigi. (Hear, hear) It was of the highest importance that the °nice of Attar sub‘titute should be raised in importance—(hear)— and that would he dune by a proper distribution of the reseLt ezee•sive number of sheriff substitutes, in the bill of the right hon. gentleman (4iii Lord Advocate), but he would rather wait another year for these than risk the advantages that would be derived from the bill of the boo. gentleman (Mr. Cranford). Colonel 11. BLAU: advised the intervention of a select clminittee to discuss and ascertain further the merits of the question. There was great diversity of opinion in Scot land on the subject. But if the Lord Advocate would not accept a select committee he (Colonel IL Blair) would vote for the second reading of the bill of the bon. member (or Ayr. Certainly, Scotland was not in a hurry, and could wait another session. nousE OF COMMONS.—WEDNESDAT, MAT 11.' The Sr • took the chair at 12 o'clock. PUBLIC BUSINESS. PETITIONS PRESENTED. Ormstmo or THE C PALACE ON SeMOVVF.—. By Mr. APSLEY PELLATT, from 733 working saes amll °then in Southwark, chiefly in S:. George's pad* against. fun BALLOT.—DF Mr. BIGGS, numerously 14114 from the lile of Wight, in favour M ; and from From,. for the same, and praying fora wide eaten ion of the of frig*. REPILII.E•TATION OF THE LONDON VNITERSITT.—tIy Mr. LUCKE KING, from Waudsworth ; Mr. A. PEL LAIT, from the inhabitants of the city of Cautt.rhury ; Lord GODEILICIL from the Iveturcrt at the . Nlvilical School, Hull ; Mr. HADFIELD, from the medical lecturers in Shelllrld; in favour of. bicoma TAX.—By Mr. I BUTT, from the county of Cavan, and from the MOM COlSliusOomers, magittrAtes, sad other inhabitants slam towns( Toughs', againvt. Pt -- morstr ( & rmaxa) BILL.7Iiy Dl!r. FERGUS, Mr. E. ELLICE, jun., could not see any advantage that was to be gained by a select committee. Rather than sacri fice immediate legislation on the subject the people of Scot- Isnd would give up the double sheriffs. (No, no.) The hon. gentleman illustrated in detail the evils and defects of the present system, but, on the whole, came to the conclu sion that the system of double sheriffs must be retained as a basis in ail contemplates improvements ; and he would therefore vote against the bill of the hon. member for Ayr, as opposed to the bill of the Lord Advocate. Mr. FOI:BES wanted to get rid of the old struggle in this matt«r ; sod unless the Lord Advocate would consent to 'else evidence in a select committee he would be bound to vote for the second reading of the hon. member's bill. That bill could then he referred to a committee. 181._ from di.tillers in West Lothian and Fife, io be allowed to vs. duty tree malt. TUr. srter us SMALL CONVEYASCIS Or LAND.—BT Mr. IEIIO fl, from procunitors of Capers, against; from the parish of began, in favour of. Cot sir Exec:entrant lithr.—By Col. PENNANT, from the board of guardians of Canaan= and Fallon, in favour of. Lys Vll4' WARDI CIPASCILIIT —By Captain SCO DELL, loom the Alleged Lunatics Friendly Society, pray ing that a committee of t • house may be appointed to in. quire into the cruelty, injustice, sad eat:inseam in tie Vestment or. 1 THE Ilsotest. Panruston.—Mr. 0. RICARDO, frees seinsWin of the medical profess:en is Worcester, for die better regulation of that profession. CONVENTUAL ESTABLISHMENTS. Mr. NUNN gave notice that on the snood reading of the bin for facilitating the recovery of liberty in certain eases, he should move that it be referred to a select cam mince to consider what may be the best regulations for sip curing the liberty of the inmates of eonvenu, and for pea venting alienation of their property. ELECTIONS BILL. Mr. 0. 131:TT, in moving the second reading of this bill. stated that its object was to diminish the expense of elections, particularly in counties. The boon was aware that the law, as it at present stood, was fixed in 1783, by the 25. h of Oeo. lII. ' which provided that two days after the receipt of a writ the aheriff should give notice of a *aunty court, sad proceed to the election, not later than 16 days and not sooner than 10 days, otter the receipt of the notice. The present bill proposed that these dates should be reduced to 10 and 5 slays respectively. Ile thought this reduction of time would effect a considerable saving to county candidates, as the period intervening between the moth's and the writ was generally that in which expenses were most multiplied. In boroughs, by the 3rd and 4th Viet , the returning officer, on getting the precept, was required to proceed to the eh ction within eight days, and giving three days notice. He proposed further to limit this time, in order to prevent the days of election con• flitting with those in the couotiee. In the Uuiyenities he proposed to limit the polling to five days. He had only to add, that this bill would not interfere with the intentions of the noble lord the member for London, hut was merely intended to afford a practical mode of " facilitating and cheapening elections. Agreed to. SHERIFFS' COURT, SCOTLAND (No. 2) BILL. Oa the order of the day for the second reading of this bill, Mr. CRAUFURD presented petitions in favour of; awl Mr. ELLICE against. Mr. CRAUFURD, in rising to move that the bill bs then read a second time, was anxious to make a few air setvatioas oa the subject, as he feared that there was a good deal of miapprebension existing as to its extent and objects. The points at issue between that bill and the measure of the Lord Advocate lay in a very small compose, referring only to the constitu tion of the court, the question of appeal, and the judges to whom it should be referred. The Sheriff's Court in Scot land was something akin to County Courts in England, only far better constituted, being a local coon in the hist acceptation of the term, and free from those absurd distine- tions between equity and law, which prevailed in this country. The judge of the court was in fact the Sheriff, who resided in Edinburgh, and originally did all the busi ness ; but latterly the business had to enormously increased, that a judge was obliged to reside constantly in the county. The pagan who performed this duty was originally the sheriff substitute, who was the mere locum tenets, of the sheriff depute, the latter being a practicing barrister in Edinburgh. Captains in the militia and colonels in the army bad filled the places of these local judges until 1838, when summary jurisdiction was given up to N. fis. Bd. That jurisdiction worked exceedingly well, so much so, that when County Courts were established in England, with jurisdiction up to twenty pounds, a strong desire arose is Scotland to obtain the advantages of English jurisdiction, so as by a gradual process, approxima tion might be attained between the practice of the two countries, not by making the English Scotch, or the Scotch English, but by adopting a sort of eclectic system, and thus gradually uniting them. The main evils complained of in Scotland were of a twofold nature. The sheriff sub stitute was now a local judge and mart be a barrister of three years' standing ; and though nominally appointed the sheriff held virtually from the crown. From this judge an appeal lay to the sheriff depute, who was no thing but a practises, banister in Edinburgh. Now an appeal in Scotland lay not only in matten of -law but in matters of fist. And the consequence of this was that the whole peesemilap had to be committed, ad beim, to writing. Was the multiplication of papers. the emmtieution otpesteeedies, sad the accumulation of ex panse. Tine decision under sank ire aattases mild not be ralleiseney, as it was My me Imes 'Melee against an eihesosomil that glean IMMO having beard the ease. Inaisllmis the mos wen act new nail by the sheriff, a list whisk had bola Wei by lassrdse was leaves in a lidsc sad we r e irdie woken.. bilk is the country the IMO MIS trimen. it taw, when a brief uses east up la a beat, alled the asionedwit bow, the letter, an he retitle to the oserstry_ , Mad to mow • brace of pease instead Ibs brief. This metes of was the meta point on Misk his boo. en learned ' friend and himself were at Mee, bat there was another point. namely, the appointment *mill depute, which be looked upon as the main vim d the system His bill provided against them two MIK aspelam the appeal on the facts. and doing away with lie deablejurisdietion. He attempted no interference with the appdeimmat of sheriffs, because he was aware that the duties warolnamhiferious for one man. He said—maintain the dies if earl, depute, and also that at MOM sabstitato,bat met oo °dilute and not ens sablest W diesiben The thertlf bpi@ might be the ata ghlussa, salstlead to eberriestawinsenvadle thejudicial de be lett° the local judge._ Hs believed that =r i m sil itit ionned * friend and himself were at one in ruling to de sway with the moped ' s's% en SOSO point of how—be be aretsa ll y agreed ups.. wee anxious to slew, that the main point of the bffil tea W de away with *espial, that totes Court of Ssosisnef Male sanodning. gratin* for the appal hs purposed M@dope the sysillyz r it ig lastil=l abo gra d a sat a s j u l e i ANN te si m: where roinbak whisk should dedZ by the ; Mak was she di zr a rd that whim it 441: 8 11 that Mere elrar est upped essepe s Zpelsts of sf . It bol Ma alleged dee ea gyp* Is lb* sheriff depute eost,caly hoile sm, bat ft &add he isseffosted that that was he lest draw that beds the bask et ths eamel, atter all dm ett= z i os t eagreedeg der possodisp bad beat Wowed. the polls la fib seantry ware set man of the ebb ,wits seated In Beedssa ; they bad vest up a suable se petitions en the salOsst becomy they believed that tha berme wadi be ree sasablk sat emit judge for itself, sad sat he seemed by the fore ANN if the Lord Advocate sayleg Hfe sets„ sic slee:sastire ratios Mantas. Ifs knOll - that the present shines wars swim to maintain the present system, bat re gnat rani Of nlllebants. trader, tows councils, and eves the essadse , wen tee refers. The hoe. and learned number bevies sansualsd the various bodies and localities which had pm eassed la Amur of his bill, concluded by Moving that it he sew read a second time. Mr. COWAN said be had at Seat been in f of the abolition of the delis ahrievalty. But subsequent town dentinal led him to think it would be most dangerous to abolish the system. He thought that the measure of the Lord Advocate would effect every necessary reform. MESSAGE FROM THE CROWN. Lord DRUMLANRIO appeared at the bar, and pre sented the following answer to be address of the house re. spaseng ICilmi ham Hospilsl: " I have received your istital m e n zia smems.. the subject of the admission of tb• sad leers sat Maim into Kilmainham Roe- VW. Having takes Isfeemeideration the representations you have made, I nee ordered at immediate inquiry into the condition of the hen dinl." Mr. EWART sews si the iiimesits by suggesting that the bill should be ishrred les sawn committee. Mr. C. BRUCE hand that V this bill were referred to a select committee, don weal& be little chance of the re form which was seo asziattak_ _looked for in Scotland. For his own part, he win see hefted to prefer the opinions of tows onacils to thane d pareaes of eminence, and posi lion, and authority in die law. Undoubtedly, the unani mous verdict of such poems was in f f the present system. Other bodies, such se the procurators of Aberdeen, had arrived at a similar opinion, and had expressed them selves strongly against this bill. Again, in the county which he represented, the procunton had declared them selves to the ease effect, and in favour of continuing for the present two sheriffs for each county. In answer to the argument that the present system was made a means of jobbing. the ho n. gentleman read a long list which showed that in g 1 successive governments had applied only the most eminent and honourable men that could be found in Scotland. That the office was a sinrenre he emphatically denied. Speaking generally, he bel.eved that if they passed this bill they would remove a great security for the impartial and pure administration of justice in Scotland, and that they would have altogether to give up the hope of any progress in that country is the di rection of law reform. Mr. A. HASTIE represented that Glasgow was strongly in favour of the abolition of d ou bl e sheriffs. As regarded the Town Councils, at whom the hon. gentleman who had Last spoken had sneered, he (Mr. Ilastie) thought that those of Edinburgh and Glasgow were the best qualified ho lies to pronounce upon such a question ; it was the public, and not the class of lawyers who were entitled to decide,and Mr. CHARTER'S vindicated the efficiency, the ability, the learning, and the honour, of the sheriffs of Scotland; and spoke, generally, against the bill of the hon. member for Ayr; pointing out the greater chances which that of the learned Advocate would have of settling the difficulty and satisfying the people of Scotl.usd. Ile strongly disadvised *ending the Lord Ad vocate's bill to a select committee. All the facts had already come out, opinions were strongly made up, and there would be no advantage in resorting to a process which would leave them exactly where they were, and otherwise result but in the production of a blue bo ok which nobody would read._ __ . Mr. MACKIE would vote against the bill of the hon. member for Ayr, if the Lord Advocate would send his bill to a committee and take evidence. lie could state from his owu knowledge that unless these gentlemen (the sheriffs substitute) had private up ens of their own, they could not maintain • proper position in society. The salaries of the of the Court of Session had been raised from 2,0001. 1. a year, and he thought that the salaries of these eillhen ought to have been raised also. Mr. COLLIER thought this bill ought to be read a sewed time. The bill of the Lord Advocate established the error/eons principle that there should be an appeal frontlet* judge to another, the appellant judge looking only to written testimony, from which the truth could not be elle cited. Mother objection to the Lord Advocate's bill was that it gave appeals on interlocutory questions. He was told, and he was surprised to hear it, that sheriffs, hesense they resided in their districts in Scotland, would not be dis posed impartially to administer justice. He was surprised at such an aspersion on the national character. He thought this bill should go into committee, and he should therefore suOport the second reading. Mr. 31ACOREGOR said the great majority of the people of Eng!and were against the continuance of the sheriffs principal and sheriffs substitute. Why not appeal at once from the local judge to the superior courts of Edinburgh, as the appeals from the county courts in England were taken to the courts in Westminster Hall. This bill might go into committee, and might pass, but that would not settle the question, as the people of Scotland had set their minds upon the abolition of the two offices of sheriff prin cipal and sheriff substitute. He wished to see the courts of Scotland in a higher position with regard to salaries and every thing else. The salaries to the judges both in the high courts and the local courts in Scotland were much too small. Ile trusted that the Lord-Advocate would prevent their having to vote on this bill, by consenting to both bills being referred to a select committee. The LORD-ADVOCATE said his hon. and learned friend the member for Ayr said that he (the Lord Advo cate) complained of him in regard to this matter, that as he was may an English lawyer, he was trespassing rather on the manor of Scotch law in dealing with this question. Ile had never thrown out that taunt. On the contrary, he thought the hon. and learned member did himself credi t in desiring to do his duty as • Scotch member. The hon. member's language and opinions had been considerably modified sines he introduced a bill for the first time on this subject. for he now took his ground, not on the question of abolishing the sheriff principal, but on the ground whether they should bass an appeal to the judge who had not beard the evi dence. The principle of this act was, in the first place, to deprive the sheriff principal of the power of nominating a substitute, and to compel him to reside in his county, to ex tend the jurisdiction to 501., and giving appeal in points of law only. The practical result of the bill would be tegnake litigation more expensive, and to increase delay tenfold. It would maks business for the Court of Session and places for the bar of Scotland. Let him say a few words on the topic of public opinion. His hon. and learned friend said there was 'k great difference of opinion on the subject, and he was glad to hear him say that, for on all former occasions it was said that it was a question of Edinburgh against all Scotland. He did not deny that there had been agitation in this matter: it was a question that bad arisen frequently in Scotland. It arose in 1818, and was put down by an lorguiry. It sone again in 1835, and a commission was appointed, which reported that the sheriff principal should in prohibited from residing in his county. That recom mendation had been embodied in as act of parliament, to the great advantage of the public. It bad been assumed by the Law Amendment Society that as county courts had answered so well in England, they might be extended to tiootland, and on the other hand the sheriffs substitute had bated with an ambitious eye on the great emoluments of the county court judges in England. But as in 1818 and 1835, so in 1853 the public voice of Scotland had put down this agitation. The procurators of Berwickshire had met sad payed a resolution against the abolition of sheriffs aaistliale. In Haddiogton they had done the same. The =hese of the signet bad done the same in Midlothian, and they were not liable to the charge that they aspired to the Ake of sheriff substitute, as they were not eligible. At Glasgow, the head quarters of this agitation, there was a meeting of the procurators, and they divided, 16 to 26. The procurators of Stirliag were of the same opinion ; Fife and Perth the same. No doubt at Dundee they had passed a resolution disspprovjpg of the continuance of the system. At Aberdeen they said it would be a great calamity to do away with the :sheriffs, and so they also said in Moray. Inverness was against him, and there the sheriff resided. Roxburgh was likewise against him, and, there, too, the sheriff resided. The counties stood in this position,-15 of them thought it was unne rto ask for any change, 5 wished for an 'Heretics. rn s a had expressed a clear and decided opinion in favour of the present system. He contended, therefore, that them was no public outcry which should lead him M siondon its opinion. Ile was asked to allow widow M ho taken en the bill, but he asked what would be the good If all the procurators and writers to the signet wee. teems up is London and say what they had already said is the otooley. If they had a committee that est till would not be OGII step further. The has, to have a number of county court judges te Ihe act lees than 1,2001. a year. That would take 52,0001. a year, egg theta they would have to woks eff a number of the sheet, substitutes, so that they would have to provide 70 OM. a yew at starting for one institution that now wit 8011108. At present the sheriff of Perth decided 118 swab a year, at an average oat of 10s. and • delay of those snob. The hon. end leaned member proposed that is mosetiader 201. there should be no appeal at all, and that above 201 they should go to the Court of Session. Now, tabs the whole of Soadand, the appeals to the sheriffs peiael pri 2,033 wee sosnaliy, and of these 120 were app ealed tithe Court of ileseien. If all appeals were in the int Wiese to the Court of Session they would necessarily be mull Ewe ex pensive, sad attended with much greater delay. Ha was certain that nothing but injury would accrue be.. this bill, and he should therefore oppose it. - - Mr. HUME said the question was, whether the present system should be svintlnued, er whether, as in England, they should base in Scotland cheap law. Ile knew of no question which had more generally interested Scotland than this. The people of Scotland were anxious that their judges should be resident ? The right hon. gentleman said that where the sheriffs were resident, the people were anxious that they should continue to be an. Was not that a reason for making them all resident ? He held that the abolition of sinecures was • six* go a c e, next that they ought to have resident judges and cheap justice as they bad in England ; and even if it did east 70,000 g. a year, the money would be cheaply laid out ; but he believed it would not ant anything, and that the fees, as in England, would cover the expense. He thought this bill ought to be read a second time, and that both bills ought to go before a select committee. Mr. ELLIOT believed it would be impossible that a sheriff could be resident in his county without being imbued to a great degree with local polities. In his own county they were blessed with a resident sheriff—an excellent and Ole man. but who was much mixed with polities, and he --- --.--- ..- believed the general opinion was that that circumstance was injurious to the due administration of justice. Mr. J. S. WORTLEY said nothing could demonstrate more clearly than the speech of the noble and learned lord, that there was a strong feeling in Scotland on this subject, though he admitted there was great difference of opinion. He thought the matter should go before a se leet committee for inquiry. The hon. and learne'l member said there were 120 appeals in a year from Perth. Were there 120 appeals a year from the county courts of Yorkshire 1 Hie own opinion was divided on the subject. Hit were • mere question as to whether there should he one or two judges, he should say that one judge wo u ld be the best, but there were duties attaching to the office of sherif prin cipal in Scotland. some of them of • political character, which made it desirable that be should not be a resident judge. This made it the more desirable that the whole' matter should be referred to • committee upstairs, and he trusted that the noble and learned lord would allow both bills to go to a committee. Mr. G. DUNCAN thought the people of Scotland would not be satisfied without an inquiry hefore • committee. In Forfar the people were quite unanimous for a single sheriff. The LORD ADVOCATE raid two months of the session had already gone, and he could not consent to referring the minket to • stlect committee. Mr. DUNLOP considered that the bill ought to go be fore • select committee. Mr. CRAUFCIID honed the house %you' I no: throw out the bill and stifle inquiry. In asking the house to agree to THE EXPRESS, THURSDAY EVENING, MAY 12, 1853. the betand remling of the bill he did not ask them to pledge themselves to its principle. Mr. BOCV ERIE said the two bills only differed in detail, and he thought the present one unneeesa.iry. The first bill being referred to a select committee, any alt ration might be male in its detsils. The house then divided : For the second reading Against it The bill was consequently lost. SALE AND PURCHASE OF LAND BILL. Mr. H. DRUMMOND postponed the second reading of this bill till the 15th of June. The committee on the Leasing Powers (Ireland) Bill was postponed till the same day. PROBATES OF WILLS AND GRANTS OF AD MINISTRATION BILL. Mr. lIADFIELD moved that this bill should be eon mitted pro forma. He would then postpone it till the go vernment brought forward their measure. The ATTORNEY-GENERAL did not object to this, but said that the bill would perpetuate the worst evils of the ecclesiastical courts. Mr. PHILLIMORE expressed a similar opinion. The bill was committed pro forma, and then postponed till the 15th of June. COUNTY RATES AND EXPENDITURE BILL. The house then went into committee on this bill, com mencing with clause 4, which regulates the constitution of the financial beards. Mr. W. MILES moved an amendment, to the effect that the justices forming part of the boards should be selected by the quarter sr salons is each county, instead of being elected by the guardians. lle did not propose to alter the num bers of the boards at all. He understood that Lord Palmer ston intended to propose a clause making the bill a permis sive one. Mr. FITZROY said that no distinct notice to that effect had been given by the noble lord ; he merely threw out the suggestion for the consideration of the promoters of the bill. Mr. MILES said that, in that case, he would deal with the bill as a compulsory measure, and it would be his object to make it as good a measure as possible. He objected to the boards of guardians having the power of electing the mem bers of the financial board, as they were merely an elected body themselves. Boeing the number of amendments on the paper, he thought it hopeless that the measure could pass this session. Sir J. PAKINOTON said there were no less than seven amendments on this particular clause, and if the one now proposed were adopted, it would prevent discussion on the others, which involved some of the most important parts of the measure. After a conversation, Captain SCOBELL said he wished to propose an amend ment on the amendment of Mr. Miles, if it were adopted, to the effect that not more than one of the justices elected should be resident in the same union. Ile did not think it would be wise to make the bill a permissive measure. Mr. HUME submitted that they had better either give up the bill, or determine to go on with it. (Hear, hear.) Numerous amendments were proposed, iccompetible with each other, and some at variance with the principle of the ' bill, which the house had affirmed. He referred to the provisions of hie original bill introduced in 1835, and said that the present measure, though not so complete as he wished it, would prove highly beneficial. He hoped it would pus in its present form. The ratepayers were dissa tisfied. They imagined they were robbed, and it was im portant to give them the means of looking into their own affairs. He hoped the government would either take up the bill and enforce it, or let it be dropped at once. Bir J. PAKINOTON said the amount of rates over which these boards would have control was comparatively small, and it was not worth while to create the complicated and expensive machinery which this bill provided. (Hear, hear.) He charged Mr. Hume will obstructing the pro gress of the bill, by making an irrelevant speech just as the committee were entering on the consideration of an impor tant amendment. He (Sir John) disapproved of the bill as it stood, and should give it all the opposition in his power. At this period of the session he thought it hopeless to at tempt to pass a bill of 133 clausal., and would suggest to the hon. member for Manchester whether it was worth his while to come down Wednesday after Wednesday in the vain hope of progress being made with the bill. Mr. M. GIBSON mid he was willing to believe that the various amendments had been proposed in the hope of im proving the bill. (Hear, hear.) He regretted that Sir John Pakington still threatened opposition to the whole bill, in which he hoped the house would not join him. As the question was between Mr. Miles and Capt. Scobell as to the precise form of the amendment, he would suggest that they should meet and settle it in private. Meantime, for the convenience of the other business to come before the house, he would now (a quarter before G) move that the chairman should report progress. (Hear, hear.) After a few words from Sir W. JOLLIFFE, The house resumed, and the further consideration of the bill was postponed till the 19th inst. PUBLIC HOUSES (SCOTLAND) BILL. The committee on this bill was postponed. The house adjourned at ten minutes to G o'clock. Sir T. O'Brien bas paired with Mr. Brisco till the 23rd of May. Ititt erpreOls. INDENTS. A decent! Widen "The Express," eontalaing the same evening's Geniis," Is gebilehed every Tuesday and Friday eight, in time tie post. kivesueerstithe Intended for " The Error," London Evening paper, net et the MAN, 10, Bouverbs.streei„ by Two o'cieek on the ;sublimely& MGR WATER AT LONDON BRIDGE. Tia DAT—Morateg. 4c 21e ...-...-Altemece. 38m. T,422eitter—lltesles. 4e. N c.........Atee5ee1. 41. 13.. LONDON, THURSDAY, MAY 12. OUR despatches,—received in anticipation of the Overland Mail—again tell the old story of battle and slaughter, and again echo the discontents of our Eas tern fellow-subjects respecting the government of India. The question, how our greatest dependency shall henceforth be ruled is serious enough, as every body admits, but some branches of the subject, at least, are very simple. Let us examine, for example, one of these involving no points of real difficulty, and in which a few wise steps well taken would at least indicate to the natives of India the existence of some real interest in their welfare, and give some proof da desire to promote it. Amidst all the differences of opinion that perplex us about Indian affairs there is one point on which the agreement is so unanimous that it ought to be aworld's wonder if we do not arrive at some practical action upon it, and soon. There is no doubt whatever in any quarter about the deficiency of internal commu nication in India. Any talk of doubt would be non sense when the fact seems that there is only one good road in all that vast country,— to which may now be added the fragments of rail roads begun, viz.: twenty-five miles from Bombay to Tannat, and the first stages of the proposed rail way from Calcutta to somewhere (some people do talk of Delhi for the other extremity ; but the work would occupy a century at the rate at which it is now proceeding). This is actually all. Throughout that country, whose dimensions stagger the imagina tion of us islanders, these are the roads. If any body asks what is done in the absence of more, the answer is, the rich people are carried by human bearers,"—by men who flounder through mud in the lower levels, and sand in the higher; and poor people stay in the same place all their lives. More over, their commodities stay in the same place, except where opportunity serves for a few boats to float down the rivers, or for bullocks to pace on, step by step, their weary journey of hundreds of miles, the goods they carry being the more injured the fur ther they go. And yet there is no country where more natural facilities for transit exist. All along the broad level strip which constitutes Malabar, there are no natural impediments; yet, in the rainy season, every town and village is isolated from every other. On the high table land of the Deccan, there is no reason why there should not be a network of roads, running through cotton and tobacco fields, which might rival the collected southern states of America. There is the valley of the Nerbudda, skirting that table land to the north, with a great navigable river running through it. There is the great basin of the Ganges, with its glorious vegetation, and comparatively rich culture, where the inhabitants are raised by geological circumstances above all the other inhabitants of India in intelligence and the arts of life. They want only a group of railways to enrich them and us. There is no obstacle, all the way from Calcutta to Delhi, except the nullalis, sometimes dry and sometimes full of torrents, and one wide river. A steam ferry must compass the river difficulty, and engineering skill has overcome greater obstacles than the nullahs. Already might a wide district have become active and enriched, if the existing fragment of railway bad been begun at the Delhi end, and been carried to Allahabad. There are no serious engineering difficulties there; and that swarming country would have furnished traffic to carry on the enterprise with vigour and speed: whereas that tract is bid to wait its turn, a century hence. Again, to the northwest, there are whole states, composed, for the most part, of sandy plains, where it is as easy to make a railroad as between Cairo and Suez. Even the ghats which separate the table land of the Deccan from the Malabar plains cannot be despaired of while there is a railroad over the Alleglianies, and now over tho much more difficult Semarang mountain between Vienna and Trieste, 1 where the zigzag of rails, fourteen miles long, ascends parallel with the horse road, and where overland travellers to and from India may take a lesson as to what may be dono with the ghats. Such are the , geographical facilities in a vast country where la , hour is cheaper than in any other part of the world; where the people are unrivalled for their hereditary skill in such arts as they know ; and where the power of producing and consuming is absolutely unbounded. There, where labour is to be had without limit at two annas per day, where the cotton manu facture has, from time immemorial, surpassed all that our best machinery can produce, and where Bishop HEBER found the desire for comfort and luxury as unbounded as the natural means of pur chasing them, all is spoiled for want of means of communication. Why should this be? No causes are assigned but thaw which are clearly remediable. The GovEßNox- GENERAL of INDIA has no power in finance matters ; and he declares this kind of enterprise to be there fore out of his line. The Company plead that they are in debt for their wars, while nobody denies that their wars might be paid for on the spot, if the productive resources of the country were developed. The wars cannot be paid for, for want of this development; and the development cannot take place on account of the costly wars. Why is not this vicious circle broken through? Why do not capitalists solve the difficulty, and open up this mine of wealth, pecuniary and moral? Some of them have put their hands to the Calcutta railroad to begin with. Why does it not get on ? It is asserted that the Company's guarantee is a hin drance, and no help. Leadenhall-street stops the way. If the Company would do the work, and properly —well and good. If private enterprise were left un trammelled, it would prosper, as it does in undertak ings of far less promise. As it is, under this neu tralising junction of powers, the road creeps on as slowly as possible. There is the double line, very grand, finished in most costly style, creep ing on, inch by inch: whereas, if it were in American hands, a single line, rough and ready, would have cut through hundreds of miles of swamp and sand, as the South Carolina Railway has mowed for itself a path through the primeval forest, and reared for itself a scaffolding of piles through the swamps, where the night traveller is stunned with frog concerts, alternating with the deep silence of the pine barrens. And there, in the valley of the Ganges, are the villagers on the rising grounds, watching for the first sight of the road, and sitting poor and idle in the midst of fertile lands, while the Carolina negrocs are in slavery producing the cotton that the Hindoos would grow for us with hope and thankfulness, if we would only open their way to a method and a market. There are people who say that they would not— that the conservatism of caste is a sort of natural obstacle that can never be overcome. The opinion of Europa is, generally, very different from this. We English are apt to believe that there is some thing in human nature underlying even the institu tion of caste, and we have facts enough before us to justify the conviction. Within ten years from the opening of trade in 1833, the value of British and Irish exports to India and Ceylon increased from two millions and a half to nearly six millions and a half. Bishop Ileeen's journals tell of the strong dis position of both Hindoos and Mahomedans in India to imitate English habits of civilisation. In remote provincial towns he saw—all these many years ago— jackets and trousers, shoes and stockings, round hats, English furniture, French devices and mottoes on jewellery, English hardware, crockery, writing desks, and arms : and he anxiously insisted on the certainty, from what ho saw, that the Hin doos were like other people in stretching out their hands to obtain good things, when such thicgs were placed within their reach. If he had dreamed of railways, he would have said more, and, if pos sible, more strongly. Before 1813, the Company said the power of demand in India was exhausted : and they were instantly convicted of mistake when com merce by sea was thrown open to private enterprise. And any one who now says that commerce by land is rendered impracticable by habits of caste, would be in like manner convicted of mistake, if railroads were run through the country as rapidly as in Ame rica. As soon as the inhabitants, who sit down, poor and listless, in isolated swarms, following hereditary methods of tillage, for want of stimulus and occasion to do better, find that well grown and well dressed cotton is necessary to purchase English comforts and English finery, and that it will infallibly purchase them, they will grow and dress their cotton well ; and it is by railways that we must teach them this ; and many another lesson which will follow upon this material instruction. We need not rest our conviction upon analogy, or fall back upon conjec ture. There are facts to guide us. The Govern ment of Bengal has established district post-offices ; and in the remotest districts, where the business has been well managed, the inhabitants have rushed to the offices and used the new means of communication with eager zeal. As to the commercial readiness, every steamer that starts on tho Bengal rivers leaves behind half the freight that is offered. There were three river companies some time ago. Now, in re liance on the railroad, two are given up, and commerce is baulked not only pre vented from increasing, but actually repres se d in the degree that we have said. Something must be done to prevent the people being disappointed of their rail. Now is the time for this all-important matter to bo attended to. We are about to legislate for India. Indian questions are many, and very serious, and some of them extremely difficult. We repeat that the one matter on which all parties are agreed is the supreme need of internal communica tion throughout the whole extent of that great de pendency; and now is the time for Parliament to look to it that a way is opened for that need to be supplied. Ix the bad old times of Tory despotism, when no man with less than five hundred a year independent of the world dared to advocate liberal principles ; when it was thought—as the blindfolded author of the "History of Europe" still thinks—that popular education is anarchy, and that the wisdom of the humble Many is the destruction of the exalted Few ; when consequently an author, having no public, placed a starving dependence upon patrons ; when Grub-street was his habitat ; when HOGARTH'S picture of the Distressed Poet was still a truth; when Scotch literature was really cultivated on a little oat meal, and the tradition of famishing English genius chocking itself with a penny loaf was, from its great probability, implicitly believed ; when political writers were called " creatures" of my Lord This or my Lord That ; when to be mentioned ass literary man was to be pictured as a threadbare, timid, underfed person—an object for pity and gen teel alms : in such times a certain member of the class, DAVID WILLIAMS, a Unitarian minister, bethought him that if the patrons of literature would club their influence and their money . to form a fund for the relief of the grovelling miseries to which exalted talent was then subject, literature itself would be benefited. By the exercise of great enery, self-denial, and unflinching perseverance, Mr. 'WILLIAMS established, in the year 1790, the Literary Fund Society, for affording assist ant* to authors of genius and learning who may be reduced to distress by unavoidable calamities, or deprived, by enfeebled faculties or declining life, of the power of literary exertion. Mr. WILLIAMS ;Liao contemplated further uses for the Fund : he sketched out the formation of a library of printed books; the collection of valuable manuscript records respect ing literature; the establishment of a reading-room as a common centre o professional communication ; and a college for decayed and superannuated genius. How this admirable sketch has been handled since the death of the founder may be learnt firstly from the Royal Charter granted to the Literary Fund Society in 1818; secondly, from the printed statement of its affairs up to October 1,1852; and lastly, from our own report of the proceedings of the anniver sary festival held yesterday, and which may be read in another part of this sheet. From these sources it can be plainly demonstrated that instead of the dis tinct outline broadly traced for future guidanc iby DAVID WILLIAMS having been filled up, it has been shorn and obliterated to the extent of frustrating some of his best intentions, and of rendering the fund nearly effete and useless to the present generation of literary men. The Literary Fund Society of to-day possesses neither manuscript collections nor library; it offers to literary men in professional activity uo centre of intercommunication, and provides no honourable retreat for age and infirmity. The consequence is, that, having narrowed its pm poses down to the single practice of giving secret charity to only a portien of the class for which help was at first intended (namely, to such distressed mem- I bets of the community solely as have written "a I book "), it never can and never does disburse one-half of its annual income amongst the objects contemplated by the founder—namely, " men of learning and genius;" for many men of learning I and genius have never written "a book." But whether I they have or have not written a book, thanks to the spread of education, and of social and politi cal liberty, literary men of real "learning and genius" are now,; as a class, seldom in want of temporary charity. What they do want at the present time is • precisely what DAVID Wati.ots wished to give, and the Society withholds—the library and the honourable provision for old age. What the Society does give is, we arc bold to say, in a majority of cases misapplied. Many an individual writes "a book" who hi neither learning nor genius, and who no more belongs to the literary prqlession than a bricklayer is an architect. The book may have been the accident—possibly the misfor tune—of his life, and may have brought upon him (we will not say deservedly) the distress, from which he claims—and obtains—relief from the Literary Fund. The Society, therefore, stands confessed— when bared of the glaring tinsel of after-dinner oratory—as an institution holding alms in trust fur people who do not require them, and distributing alms in secre4 among persons who do not deserve them. Few orators flash and dazzle that sort of tiose- more successfu:ly around post-prandial ears than Mr. DISRAELI. Among his other flourishes last evening he declared that the manner in which the Fund is administered is wise, discreet, and satis factory. That this was a mere figure of speech, a few facts and a little arithmetic will prove. From the liberal support of the public on the one hand, and from the contraction of its usefulness by Mr. WILLIAMS'S successors on the other, the In stitution now possesses a reserve not far short of 40,0001., and an annual income of 2,000!. Of 14,000/. accruing from all sources during seven years ending in 1832, the existing dispensers of the fund could only manage to bestow 9,332/. amongst applicants for re lief; leaving some 4,8001. to be added to capital after deducting expenses of management. Of this residue, the modest sum of 909/. only was funded ; while offices, officers, and other chatges were allowed to cost 3 , 9001. ! To elucidate this:monstrous fact more fully, we turn to theAthencrion:—.. We may fairly assume, 7l says that journal, " that the trustees receive the rents without cost to the Society,—that the bankers receive the dividends, as they receive other people's dividends, without charge. If so, then, to receive 904!. dona tions and subscriptions, and to draw 43 benevolent drafts, costs annually a trifle more than 5581." Pur suing this calculation still further, it results that the benevolent committee (who are good enough to meet for the benefit of the literary world exactly nine times a-year, and no oftener) draw ou an average, 43 benevolent drafts a-year, at an average of 314 a draft, and that the cost is, on the average, more than 131. 4s. Bd. for each and every benevolent draft of 311.! The lameness of Dr. ltussimes attempt to glose l i over this extravagance at the dinner was too glar ing, even for the good-natured p itience of a com pany of COM: IETS. They would hardly listen. The' society, he declared, was bound to have expensive apartments in which to meet nine times, and to draw an average of 43 drafts a-year, because somebody had left to the society 1971. per annum to be spent in rent; and, asked the Doctor, would it be honest to divert the bequest from that object?—forcing upon his auditors the answer of the shoeless ostler, who, I being taxed with frunkeuness, replied, "If a gentleman gives me a shilling to drink his health, and I go and bu y } boots with it, should I be an honest man' " Dr. RUSSELL also opined that the remuneration of the Secretary— who has to prepare the business for, and to attend nine committee meetings per annum—is not too great. We aiffer with the Doctor. Although we hear on all sides that, personally, the Secretary of the Literary Fund is an accomplished and zealous gen tleman, yet it is no fault of his if all that cao be said of him as secretary (or of any secretary of a society so mis-managed), is, that, having nothing to do, ho lives rent free, and is paid 2001. a year for doing it. In truth, as now dispensed, the Literary Fund is no help to literature (with which it has really very little to do, in spite of Mr. DISRAELI'S flourish about the authors " distinguished, some illustrious," who had profited by it), or to literary men. Before it can be rendered beneficial to either, the intentions of the founder must be carried out; which they can only be by a thorough reform. CONVERSION OF THE NATIONAL DEBT. It may be useful to inform holders of Three per Cent. Stock desirous of converting their holdings, or any part thereof, into the uew stocks offered by the Chancellor of the Exchequer, under the act which has just received the royal assent, that upon applica tion at the stock offices of the Bank of England (the Consols office or Reduced Threes office, as the case may be), they will be provided with a printed form, specifying the exact nature of the option they may desire to exercise, and which merely requires to be filled up with name, address, date, amount, &c. The notice will of course be invalid unless the several names and descriptions agree with the entry in the Bank books. For proprietors of South Sea Stock (which is to be compulsorily commuted, with the option of being paid off). separate books are open at the South Sea House. Holders of Consols and the Reduced Three per Cents. may require to be re minded that with them the conversion is perfectly optional. Notices of assent to the conversion are received daily. We are authorised to state that as Mr. Gladstone ' was returning home from the Opera at Covent garden, on Tuesday night, ho was addressed by an unfortunate woman, who earnestly begged his atten tion to her story. While Mr. Gladstone, as ho walked on, was listening with his accustomed bene volence to this appeal, the woman suddenly perceived some person approaching of whom she seemed to entertain great apprehension, and clung to Mr. Gladstone, apparently for protection. The scene then ensued which was described in our impression of yesterday. INDIA. THE OVERLAND MAIL. We have received the following message, dated TItIESTE, Msv 11. The steamer Calcutta arrived this, morning at 9 o'clock from Alexandria, having performed the transit in 106 hours. On the 19th of March, the force under Sir John Cheape took the fortress of Meaton, near Donabew, after four hours' hard fighting, and with a loss of 102 rank and file, killed and wounded. Nothing was precisely known of the stafe of affairs at Ava, nor of the latest movements of our forces. It was thought probable that Lord Falkland would remain another year in Bombay. Mr. Luard, of the civil service, has been suspended, for having alleged that, if a public inviry were ap pointed, he could prove that two supenor officers had been guilty of infamous conduct in the exercise of judicial functions. A strong . wish was expressed in the Indian press that an investigation should be appointed. Great and general indignation was felt when the news arrived that the British government proposed to renew the Indian charter for ten years, without ioquiry. Intelligence from China is of the 27th of March. Sir G. Bonham was gone to Shanghae. The insur gents were advancing so rapidly that the Emperor was compelled to demand assistance. TURKEY. VIENNA, MAY 10.—Prince Nlensehikoff has deli vered in his ultimatum relative to the affair of the Patriarchate. FRANCE. r.ttts, EVFNINO. The I.6,niteur of today contains two impend decrees respecting the savings banks and th e ie d uc• lion in the postage of letters in Paris, bath of whi c h measures had received the approval of the Senate. A convention was signed yesterday by the Minis. ton of Franco and Bavaria respecting the service of the electric telegraph between those two eountries by w}.ich a reduced scale of charges is established. ° The Dclat. contains the foLowing telegraphic despatch : " CONsTANTINOPLE, NIAY 2.—New dif f iculties have arisen in the question of the holy Shrines respe c ti ng the guarding of the Holy Si‘puletire. It is th oug h t, however, that the question will be batted as was an ticipated previously. " The Sultan's mother is dead." It is announced by the .llnnileur do CArmce, that when the Minister at War ordered the formation of the camp at St. Omer, he at the same time decides' that there should be a second camp on the plain of Satory, near Versailles, and that all the infantrY of the airily of Paris should go there successively to practice grand evolutions conjointly with the erival i7 brigades in garrison at Versailles. This camp is to continue for four months and a half, horn Mar 15 to October 1, and each of the three lei. sions of the army of Paris will remain en, camped during six weeks. The camp is to b e so composed as to comprise all the elements of a army. There will be constantly on the ground three brigades of infantry, two brigades or cavalry, three batteries of artillery, of which one will be horse anti". lerv, and two companies of engineers. These troops will be exercised at least three times a week. Te e tents will be arranged alongside of the wood, in a s long a line as possible, so as to leave the field clear for manmuvres. The batteries of artillery will be is cantonments in the neighbouring villages. Marsha Magnan will command the camp. The Marquis de Calcium, who lately resigned he scat in the Corps Legislatif, in consequence of his oh jeetiou to take the oath of allegiance to the Emperor, has just written to the prefect of the Gard to resign his scat in the Council-General from similar motives. M. Tsmisier—the ex-representative for the Jura, and a captain of artillery on the non-effective list—has been deprived of his commission, owing to his refusal to take the oath. Capt. Tamisier was one of the iuven tors of the famous rifle of the Chasseurs de Vincens nes, and commanded the school for ball practice at Vincennes in 1845. On December 'dud he was chosen head of the staff of the army of Paris by the constitutional representatives who voted the deposi. tion and impeachment of Louis Napoleon, at the mayoralty of the 10th arrondissement, during the few hours when it was thought posi,iMo to make head against the coup (fetal. The Bourse was weaker to-day than it has been for some time. A rapid though not considerable fall during the last quarter of au hour was attributed to the telegraphic despatch from Vienna stating that Prince Menschikoff bad presented his ultimatum rela tive to the patriarchate. This is the first time for many days past that political rumours of any kind have been supposed to affect the Bourse. Since it has been generally under stood that the Eastern question had fallen into the domain of diplomacy, the various accounts that have arrived from Constantinople by private telegraphic messages have scarcely attracted any attention. The Consfitutionnel announces that it has, in conjunction with several other journals, resolved not to publish the quotations of any shares not recognised as negotiable by the syndicate of the ageus de change, and it maker) a great merit of its determination to second the government in discouraging undue spe culation. It must not be supposed, however, that this refusal of publicity, or the threats of severe punishment against persons dealing iu Grand Central and Lyons and Geneva shares before the required amount of capital is paid up, will cheek the specula. tive fever. There is mare curd/see business doing than ever. Indeed the number of transactions effected by the recognised agcns de change during the two hours to which the Bourse is limited, is as nothing compared to those done by the outsiders. There has been a heavy fall in Grand Central to-day. The fusion of the Normandy lines, which was coo sidered all but am anged, has received a check, M. Pereira, who is now the Paris Hudson, having said that unless the St. Germain joins is the arrangement, it will not answer. ltouen shares tell considerably owing to this unexpected hitch. It wu rumoured that a company had applied for the eon cession of the line from Mulhouse to Besancon, with out any subvention or guarantee from government. CLOSING PRICES AT TUE BouusE.—For cash: Three per Cents., 81f. 70c.; Four-and-a-Half per Cents., 104 f. lac. For the account: Three per I Cents., 81f. 7,7 c.; Four-and-a-Half per Cents., lOU. 35e. Bank Stock, 2,730 f. ALGERIA. Intelligence has been received from Algeria to the sth inst. A severe chastisement had been inflicted on the Hamyans Chaafa. The other fractions of the flamyans, even those appertaining to Morocco, and who come into the French territory only during apart of the year, had given to the commandant of the diri. sion of Oran guarantees of their obedience, whilst the Chaafa alone exposed themselves by their constant tergiversations and their hostilities against the Ksonrs to a severe punishment. Colonel liurricu ordered Si Hamza to proceed against them, which task he per formed with great activity, and came up with them at Oembaha. He had with him 400 horsemen and 500 M. fantry ; and also a body of 300 cavalry of the Tell, commanded by Caddour-Ould-Adds. Si Hamm obtained a complete success, carrying off 30,000 sheep, '2,000 camels, and a great quantity of other booty. The Hamyans had 20 horsemen killed, and the French troops only three foot soldiers. SPAIN. The Madrid Gazette of the Gth publishes the royal decree by which (as already stated by tele graph) the corrigedors are suppressed. These func tionaries were upwards of 100 in number, and cost annually from 800,000 to 1,000,000 reals. M. Melchor Ordonez, Minister of the Interior in the Bravo Mu rillo Cabinet, has been nominated civil governor of Barcelona. The Ministry of Foreign Affairs had not been filled up. The committee of the royal council charged to examine the concessions of rail ways held its first meeting on the Oth, under the pre sidency of M. Martinez de la Rosa. The news of the death of the Marquis de Valdegamas had caused a very painful impression. The accounts received by the NRuistry of the Interior from the authorities of Gerona state that it is not true, as had been re ported, that an: armed band of thirteen insur gents had appeared in that province, but that a cabecilla, named Cargol, and two men, had shown themselves, but had been so hotly pursued as to be obliged to take refuge in France. On the sth the Spanish Ministry was still incom plete, but M. Sartorius (Count de San Luis) was spoken of for the Ministry of Foreign Affairs. The Marquis deViluma was, it was said, likely to succeed the Marquis de Valdegamas as ambassador at Paris. Gen. Narvaez had, it was stated, formally expressed the desire to return to his scat at Loja without en tering Madrid. GERMANY. BERLIN, TUESDAY Minims°. The King of the Belgians and the Duke of Bra bant left Berlin at nine this morning for Vienna, travelling by the Silesian railroad. Yesterday Prince Charles, brother of the King of Prussia, gave banquet in honour of the royal guests. In the evening there was a gala representation of the Prophere. During the cutr'aetes the members of the corps diplomatique were severally presentt d to the Belgian King and Prince. The Bavarian government has announced that the privilege accorded to English travellers by the mi nisterial ordinance of April, is-B;, is withdrawn, and that in future they must, if they would travel in Bavaria, have their papers vise like other strangers. SWITZERLAND. i The government of the canton of Freiburg has decreed a forced loan of 10,0001. to meet the deft• ciency caused by the expenditure in suppressing the insurrection of the 22nd ult.