The Express. — London, England, 1851-06-14 00:00:00

_ 00 - THE EXPRESS, SATURDAY EVENING, JUNE 14, 1851. bees a priaeipal feature in the °See of the Lied Chew 1 gaol ofor that if it is thought right that the IMPERIAL PARLIAMEN T . Mier. To that, likewise, I believe, the house was disposed , Lord abnimallor should be commuted with political affairs --- to assent I further stated that it was desirable that the —if thee eannexima between the Lord Chancellor and I ROUSE OF COMMONS. — FIUDAT , . 11 :s 6 13. Lord Chancellor should remain the Speaker of the House the executive government is not to be dissevered—then it j of Lords, and should still preside in the House of Lords as is very desirable that the Lord Chancellor should he able to The SPIAIIIII Wilk the chair at 4 o'clock. the highest court of appeal in the kingdom. I considered give his mind fully and deliberately to the political quer 1 PRIVATE BUSINESS. that tae house abo agreed that the Lord Chancellor should dons while eerie Wan bias. Per them room I The Lade aniondineets to the Briton Ferry, Docks, and mown,. and the hesth Deem. R a il way Bills , were cowl - retain thes.: functions. I then proposed , in order to relieve think it Misll dr bars gheeld adept liM dived sad „ mod to. him fro= tome portion of his present labours, that other tion whisk I isow wake, and that it shod' eoread I re ff eret 1 judges sh odd sit in the Court of Chancery, either to assist to bring in a bill which shall establish two new judges in 'ennui RIADIIIO•. — The following bills were read a third rim, or, dur e ing his absence, to carry on the judicial bud- ' the Court of Chancery, to be called Judges of the Court of! einio and rowed : Copper Miner% in England Company ; Dahlia. Thisdesoi. a d Rothfaeohom Roilemy; . omot Mel . seer of '.h Lord Chancellor's Court. I stated that I Appeal, and who shall have the functions I have described.very thought that the Master of the Rolls end one of the judges With respect to the financial view of this question I have to were Improvement, Police Sewers, Waterworks, flas, and mutat . ; sheiveshure ith i Chester Railway i and Water - of the commas law courts might perform those functions. observe that Ido not think the burthen will be exceedingly And this was a proposition to which great objection heavy upon the public, ; because I propose, as I stated on Red, Wexford, Wicklow, and Dublin Railway. was made. It was urged , . for instance , that it would be im- a former occasion, that the Lord Chancellor should in future /DLLS CoxisIDIBMID.—The following bills were considered possible to obtain the assistance of the Master of the Rolb receive only 10,000!. a year instead of the 14,000!. which end agreed to : Cheltenham Improvement and Health ; without taking him away from his own court, god thereby he hes hitherto received, the retiring pension to remain uRI East Anglian Railways ; Electric TcicgraV Company ; ^ : emmh-opoo . depriving the public of that judicial assistance in that di- now is, whereby there would be a saving 0 ( 4,000!. a year. MagutElectric Telegraph Company ; reet.ou to which they were entitled. Now dace I obtained I aleo propose that the Master of the Rolls, who has hitherto , Trent Improvement and Market ; and United Kingdom leave from the home to introduce the former bill on the received 7,0001. a year should for the futare have only i Mlectrie Telegraph Company. (Southwark) subject. 1 have endeavoured very generally to collect opi- 6,000! . a ear, y and this being a Baring of 1,0001. a year, I Sect's") Raisin et a.—T he Christchurch ' w ith, on this subject from those wlio are most conversant there would be, on the whole, in regard to the Lord Chau-I Parish Bill was read second time, with its difilculties—from come persons holding judicial eellor and the Master of the Rolls, a saving of 5,0001. a PUBLIC BUSINESS. NEW MEMBER. positions—from other learned gentlemen who have a large year. With regard to the two new judges to be appointed amount of practice in the Court of Chancery—and from by the crown, I propose that they should be placed on the Sir A. CA m ,the newly-elected member for Ar others who hare been formerly conoected with that court. same footing, as to salary, as the Master of the Rolls—that gyleohire, ,took the oaths and his mat. lie was introduced And, among others, I received a letter from my lamented is to say, that each of those judges should receive 6,0901. • by Sir K. laglis and Sir J. Hope. PETITIONS PRESENTED. friend, the late Lord Cottenharn--an authority which is en- year. Thus there would be an increased expense of 12,000'. titled, on every account, to be listened to on this question a year to be taken out of the Suitors' Fund, set off by a 1111111WATIII AMP MAIWATE II ensues Due.A.—By Mr. objections to the proposal which saving, on the other hand, of 5,9001. a year. But I eon- I ANDERSON. from the Steam ship Owners' Association of —(hear, nes ) -- tdabing made to lust ; and stating that, in his template another great convenience from this arrangement, London, eomplalaing that no measure had yet been adopted I bad to give drat ti , the recommendation of a select committee opinion . , the measure ought to be directed rather if it should be adopted by the house. I certainly should expert the Lord Chancellor than to relieving that, both in the Court of Chancery and in the general bud of last Wasioll of paritainenk:to relieve shipping from the to relieving I the court in which he presided. On the whole, I deemed ness of the country, we should derive some advantages from heavy and unnecessary tolls now levied for supporting itamsgate and Marge o harbours, and to substitute for the i it far better to submit the question to the consideration of enabling the Lord Chancellor to relieve himself from some same moderate tonnage dues sea vessels actually using those I such authorities, than to proceed with the bill to which parts of his judicial duties. And the house will observe harbours. !persons whose opinions were of so much weight offered such that in this proposal, as in the former proposal, I do not at . Mr. SPOONER, from ; v .. trna g Plifin.vit.ii.m• ( Hear : hear.) I will now state . , there- tempt in any way to diminish the dignity of the Lord -- - "bancellor ; I do not -- to change the character of - • .... KILLA.II /ROM NRIMATT--Ily Mr. o. Henry Edwards, a prisoner confined in Newgate fur a breach of the privileges of the House of Commons, stating that he was deeply contrite for his misconduct, that be was miff. ring from Oily's*, that his farm of 200 acres was going to ruin because there wen no one to mind it in his absence, that he had now been confined right weeks, and that he threw himself on the mercy of the house, confidently hoping that he would be speedily discharged from custody. COrilt./LI/ Lawns. —Dy Mr. BEST, from Kiddermin- Myr. preying for the speedy enfranchisement of copyhuld nee. METROPOLITAN WATER. Sir MOREY moved that it be an instruction to the Com• mints of Selection to refer the several bills connected with the supply of water to the metropolis to the same committee to which the Metropolis Water Bill is to be referred. Agreed to. ADJOURNMENT OF TIIE HOUSE. It was agreed that the house at it. rising should adjourn to Woodsy. ALLEGED OPPRESSION OF A BRITISH MER CHANT BY THE VENEZUELAN GOVERNMENT. Mr. DISRAELI bold in my hand a petition, which gave notice about a week ago I would present to the home. It is • petition from a British merchant of the ease of Mr. George Ward, long resident at Caracas, in the state of Venezuela. Ile states that having been esta blished at Csracas fur mire than a quarter of a century. and being mainly instrumental in pro ducing that state of commercial relations between Venezuela and this country which was established about two years ago, he was suddenly arrested at his pri vate residence by the government of Venezuela, thrown iato • cosmos prison, and there kept as a prisoner 28 days, in violation of all the principles of the constitution of that country, sad of all the ruler of legal procedure ac knowledged there, and which regulate the relation of the subjects of that state with the government: in violation also, he states, of that treaty of ComiTle'ree, which in the year 1825 was carried into effect between this country and the state of Venezuela, and under which protection was secured to all British subjects, and wader which and coeval with which the establishment of Mr. George Ward at Caracas took place. The petition also states that, a ft erthe termination of those 20 days—the government not being able to substantiate any charge what ever against him, and he having been arrested only on a vague suspicion that he was connected with wine revolu tionary transactions in the interior provinces of the state— he was dismissed from the prison by the government, but kept as a prisoner in Caracas fur the space of seven month.. Ile states that in consequence of his first imprisonment, and his subsequent detention within the walls of the city of Caracas for seven months, his affairs were greatly injured,--especially a coffee estate, situate shout two days' distance from Caracas, which was under his superintendenee. was wasted in a great dere°, and, after be was free, in consequence of representations made by the British government, the damages he incurred with respect to this coffee estate were assessed, accord ing to the custom of the country, and by one of the lewd tribunals of the country, at the amount of 25,1100 dollars. He states that, beyond this claim of 35,000 dollars, he has another of 2 . 4,000 dollars, in consequence of the initiate and injuries he received, espe cially as regarded his lousiness in Caracas. He states that in consequence of not having received any redress from the government of Venezuela be has come over to Ensiond, and that he has appealed to her Majesty's governineet s but hitherto without receiving redress. He states that there JO ao doubt of the validity of his claim on the goverment* of Venezuela, because that government has partially /OW uisesl it, inasmuch as, in consequence of the represses lotion of her Majesty's government, they appointee& compensation to the amount of 241 a day for the 26 days he was in the prison , making Gio/., which he, under protest, has received, end which does not amount to the legal exposes be incurred in consequence of that iroprisoa meat. He slats, that not having received redress from her Mejesty's government with respect to this claim on the Vesemselea government, he has thought it his duty to appeal to the House of Commons. The petition was oedered to lie on the table. HAULBOWLINE ISLAND. Mr. Serjeant MURPHY gave notice that on Monday, before going into committee of supply. he would call apse- Lou to the want of . Inealla for repairing steam vesicle at tae, obit I think can be done. One measure which might him been taken, and which origin illy was much considered by the government, and indeed, contains the idea on which the bill of Lord Cottenham, of 1836, was founded, was a measure for entirely separating the judicial functions of the I.ord Chancing, I. the Court ul Chancery from the judicial functions of the Loud Chmeellor in the House of Lords, and also from all the *idea functions attached to the office : that is to say, leaving a chief judge to sit in the Court of Chancery, and another judge, holding the title of Lord Chancellor (so we undentood the noble lord, who, however, at intervals wan imperfectly heard), presiding in the House of Loma, and continuing the exercise of political functions. The objection made to that plan, and which was eertisialy found to be entertained by persons to whose authority I feel myself, in this matter, compelled to bow, was that unless the judge i 3 at some tune or other, during same pert of the exams of his judicial functions, in an esigisal court, he will net be able to preserve that ability whisk he saterally poaaawe, and that his decisions would not carry that weight which attends the decision of the ' Lord Chancellor or of say other learned person in a similar eituatitm to that of the Lord Chancellor sitting in the Court of Chancery, and et the ors time exereisix4; the functions of • judge of elliatehli appeel. That was an opinion to which I was comotholered to submit; it rested on the state ments of 'pastor, beginning with Sir Samuel [tonally, fa miliar with the subject; and it would have been obviously impossible to have introduced • measure so opposed. Another course which would have been open to me was to persevere with tie measure which I ob tained leave to introduce, and the objections to which I have detailed. Another mode of legislation would have been to appoint a vice-chancellor or some person holding • similar title, who should sit in the place of the Lord Chancellor when he was detained elsewhere, either by his politicalpoliticalduties, or by his judicial duties in the House of Lords. To that plan, however, the objection arose, that although the name and the authority of the Lord Chancellor carried such weight that the Lord Chancellor might sit alone—yet, if you bad a judge who was of no higher au thority or title than the Master of the Rolls, or a Vice- Chancellor, the appeals tried being appeals to one subordi nate judge as against another, you would never be able to satisfy either the public or the profession. There remained, then, only the plan which I now propose, and which I have found recommended by agreat concurrence of opinion. This plan is, that during the absence of the Lord Chancel lor there should sit in his court two judges, appointed for that special purpose, to ho called judges of the appellate court, and who either, at one time sitting with the Lord Chancellor, or, in his absence, sitting together, ms decide in the clauses which are to be reheard or ap ed from the Master of the Rolls or the Vice-Chnneellors. . ow, the only objection that I can foresee as likely to be made to such a proposal is that it is • great amount of judi ael force, and that • great amount of additional expense Seall faaillher upon the country or upon the suitor's fund. on the ether hand, we have to consider that a very peat book b to be conferred. I cannot exaggerate the "idea mhillt I, myself, entertain in consideration of the eppreedve duties of the Lord Chancellor—of the taxes of his 2*.itaiiiing some further time for the exer- ' she of other duties than those which he now alone per forms in the Court of Chancery. In the first place, with respect to his judicial duties, we have to bear in mind that the amount of property which is hams* auto the Court of Chancery, and the umber of causes which arc brought into that court, and widish are heard by the various judges who sit in that searkhave gene on increasing. Since the introduction of the MI is appoint a Vice-Chancellor, in 1813, the increase bus been mormerw. I have before me a return which has been mode to the House of Lords with respect to the quan tity of buelsoss dose between Nov. 2, 18.50, and May 30,1851. With regard to appeal motions and special motions, In that time, the Lord C han cellor has had 36 • ' the Master of the Rolls, 273 ; Vice-Chancellor Knight Bruce, 878 ; Vice ' Chancellor LordCranworth,679; and Vice-Chancellor Turner, who has only recently been appointed, has had 21 ; making the number 1,887 of that class of business. With regard to petitions, the Lord Chancellor has had 16 ; the Master of the Rolls, 333 ; Viee-Chancellor Bruce, 886 ; Vice-Chan cellor Lord Craaworth, 1,051 ; and Vice-Chancellor Turner, 27: total, 293. The causes of exceptions, further directions, pleas, and danarren were thus divided :—The Master of the Rolls, 96; Vice Chancellor Bruce, 353 ; "..neellor Cranworth, 216; and Vice-Chancellor ; . Propose his functions. I should leave him both as a political judge connected with the executive government and to preside an the House of Lords; and I should likewise leave him to sit in the Court of Chancery and to carry on the ordinary business of that court. I certainly, however, think, in the palmist circumstances, and remembering how greatly busi ame bas increased in the Court of Chancery, that it is im• =that the Lord Chancellor can continue with any to the public to undertake the whole of the duties mil& be has hitherto performed. But, as I have said, if this pima is carried out, it will likewise enable me Its tusks another change which would be most beesiteial, I mean in the Judicial Committee o tie Privy Council. It appears that upon various tenalsions great difficulty has been experienced in obtaining neffilikient number ofjudges for the judicial committee. It b welded by the act that four judges shall make a quorum Isibe judicial committee; and oftentimes it is • matter of great piegkeity how to procure the four; and I know that an ba, sad learned gentleman opposite his complained that Mader to get the quorum, the administration of stice in rasamarts boo been interfered with, and the Master of lbe /alb his hem eingetied to leave his own court, to the IRONS din bob= brims his own court. I should also maths dirt It is preeelled by the act, with regard to the jeflishlimmittee, that the puisne judges of the courts of esamea kw, who are privy councillors, may sit on that sensmitese. Objections to this practice crow—not very grave objections, but still worthy of attention ; and it was urged as unfair for the crown toselect certain persons out of the list of puisno judges, and to give them a rank and dig nity not belonging to other judges. And, on all accounts, it was desirable to avoid questions of dignity and preciidesau What I propose, therefore, is not e that the jes two udg of the Court of Ap peal , if privy councilors, should be members of the Ju dicial Committee, but also that three, instead of two, should be a quorum of the committee. I think that, with this arrangement, it would seldom be difficult to obtain a quorum; and it trill be seen that in this case, as in the others, I de net to change the constitution of the court. TM Juiisisl Committee has, I think, worked usefully; it le regarded with great respect; and all I propose is, to enable it to work with greater facility in the performance of its present functions. The noble lord in conclusion moved for leave to bring in " a bill to improve the administration of junto, in the Court of Chancery, and the Judicial Com mittee of Privy Council," and "a bill to regulate the salaries of the Chief Justice of the Court of Queen's Bench, and the Chief Justice of the Court of Common Pleas." Mr. STUART thought that the house would perceive an illustration of the remark of the noble lord in reference to the dangers of ill-digested and ill-considered legislation in the proceedings of *at day. When they remembered that the noble lord in the early part of the session intro ' clued a measure and stated opinions on this question essentially differing from the measure now introduced and the opinions now expressed, they would see a new warning not to do anything in a hurry. Much of the pressure which now existed in the Court of Chancery had arisen from the reckless manner in which business had been thrown upon that court, of a kind which did not properly belong to it and it might be useful to inquire how far a portion of that business could not be advantageously transferred to some of the other courts, and how many of the cases referred to took no time whatever to dispose of. Having dwelt upon the diffi culties that surrounded the subject, and noticed the fact that the Lord Chancellor, the Master of the Rolls, and one Vice- Chancellor were new to office, haying occupied their several poets but a few months or weeks, Mr. Stuart trusted that no inconsiderate step would be taken, and recommended the prime minister to postpone pressing his measure until next session. Mr. BETHELL regarded this measure as an instalment of the reform that was wanted in the Court of Chancery, es pin conjunction with another bill, which would relieve the Masters' office of great part of the pressure which now impeded its functions. The objection of Mr. Stuart was in the very spirit of Chancery delay. The scheme of the noble lord was the result of the collective opinions of the most competent persons, and could 'not be termed ill-considered legislation. His hon. and learned friend would be happy to learn that there was another bill in progress, which would, in a most material degree, facilitate the administration of the Court of Chan and relieve . the Masters from a great portion of the Island, cove of CO6. inquire whether it was the intention of the government to supply that de ficiency. WIRINESS OF THE HOUSE. On the nation of Lord J. RUSSILL, it was agreed, after rmonatrances [ISM MT. DIA ILI. Mr. W. WILLIAMS. and Lord MAAS, that efts, the tat of July orders of the day shall take precedence et nestions on Thursdays. During the ronmweation which took place on the subject, Kir D. UAL!. put a questrm to the Secretary of State for the HAMM De t. If the motion were pared, the goverment woMld be afforded time for bringing forward their MITIIIIMISO sad he wanted to know whether they tarried to isdreduse a hill to continue the present rem arias er sewers, or a bill to alter the eliding codstitu ties of that moutimiess ? Led 1. &MILL said that his right hon. friend the Ann Matey ward bring in • hill ea the subject, bet that. efeeerse, its purport canal met mew he rated. Ile them* the astir Aare the he.. perk* reseesalds. Ormersat bad M iatrodaes several merlins, wad to =he with the simpßes—the military, naval, mad estimates. At the 'arms of the am ism Tuesdays. Wedweedays, mad were at the =of Ora ma ells rat theme sosiabese were she epperraides for salmaitrui madam ea = c is eirmillee of 'apply. The government. on the other lad at the meet sally eight days at their disposal is the anions ; aai yet, ivies two months of the simian bed Aped. K was freaseutly said that government had flow awestorward, forgetting that Day had ZZ .sly slalom days ea whkb they could have dame so. (Hear, bear) It was well Maya that there was a better attewleace of members is hay Ikea be the cubic.- worst meatles—(' hear, bear," made laugh)--and therefore it wag desirable that the genniassat 'bald have the Tlaindsp is that math. if the miles were ha would Am be able is la s day he the math.. of the rm. member for Mastrme, withathe Bonsai. Mr. H. lIRRBERT mad that a bill called "the Sun sides he Advaasee (Inilaad) Bid" wan ben& hi Lit an den mai witithwr Ho not to luny wham II wet lanaled to Wag is • noir bill this nor. lansia. M, me it MOO Wanly allissWil de, every nweithithe 111 diamisiog it aught bt got O. OBIT slid that Aar the hill bggitith bag biz e rve• up last 'mama • kw wafter of lift ainhen ir apes the greonnen awl pequestal of thin ta teems K agate ; sad the mama why it Wan haa nes& lerand tha yen an sesanned by the ear hi pries the Kerkeiastaeal Titles Dill. THR COURT OF CHANCERY, THE JUDICIAL OF TIIX PRIVY COUNCIL, AND pressure with which they are now ovensden, Mr. Bethell then adverted to the evil effects of delay in the Court of Chancery, the causes of it, and the nature of the remedies, in order, he said, to show the great value of the measure now proposed, which among other things gave an appeal, not from a single mind to • single mind, but to a plurality of minds. Mr. WALPOLE thought the measure, as far as he could follow it, deserved the approbation of the house and the public. Three important consequences would flow from it: Grit, all the courts would be sitting continuously; se =there would be a permanent Court of Appeal ; and, j the Lord Chancellor, instead of being removed en tirely Mem the Court of Chancery, would be continually redraft himself by coming into the court and keeping up his Maliarity with its practice. L. ELLICE, who expressed his sincere gratification at the sea lord bevies began his work of c ha nce ry re ▪ made some observations upon the state of the Mu le& elks and Mr. Horseman with reference to the judges' slash. Mr. BOUNDELL PALMER said, the house was bound masowledge the rest candour with which this whole stali_ lad been considered by the noble lord, whose plan he barred to be one that united • greater number of ad vantage than any other, while it was difficult to conceive a adear bei ntieda of securing its advantages. He thought the pies te meet with very general approbation ; if it did not, be shoal despair of a remedy. Attie a Ass words from Mr. HENLEY, who hoped that this meassue would not be the means of stopping other mama of importance The SOLICITOR-GENERAL said that the ban. mem ber for Oxfordshire appeared not to have exactly under stood the nature of the bill originally introduced by the noble lord as compared with the present measure. The present bill we not in any way different in from the former ear. The only difference was, Pi tile:l the GM bill en Meng* wee man to remedy the evils k hem the VIM Forme in the present appellate )u -two jape tr am other courts to 'moist the Lord Chant:eller—gas hors the Courts of common law, and the other he. the primary jurisdiction of the Court of Chancery, mot the eomploint of the profession was, that the Chasm platy *indiction was not too strong, and mrempt to take the Master of the Rolls from his court, it might beak the suitor in appeal, would injure Yee In another way, by depriving him of the adjudication at tie Master of the Rolls to his own court. (Hear.) This assure provided a Court of Appeal, without depriving the Cart of Chancery of any of its jurisdiction. He wished newts cell the attention of the house to one fact. It would be hand by • return he held in his hand of all the business despatched by the Court of Chancery from 1841, when two new vice-chancellors were appointed to take a share of primary jurisdiction, as compared with 1849, just bef o re the Introduction of an new business into Chancery by the operation of the Winding-up Act, that although there had been daring those years an increase of the natural business ef the court, by no fewer than 1.300 cases, yet that the mean had 'Mee greatly dialehhed in 1849 as com pared with 1841. There was =ether he which he would meatier with semen to the Walked labour thrown gee he Load Obeneellor. Lard Oelhahen, with his great pear end anise all he could to menet* the hearing of rirhe Clum time, wery, was able at ear , at a peat seed lheelth. to bring down the museum of la amber between 60 and 80—hetwein hem end the following Michaehme teem, le the number of IL Clem hear.) But his heelkleipee to decline, and Ihe eeneennees was, that in the Maaebass term of the nest year the number of appeals, Instead of being only 18, Mad at 80. That circumstance had left an arrest to the pre sent Lord Chancellor which would hare taken the preftding Lord Chancellor a year and • half to :dispose of, even if no other appeals had been put down on the paper. That was the state of things which the present Lord Chancellor had found on his accession to office. When the bon. and learned gentleman talked of hasty legislation, he should re ' member that =say were the widows and orphans wearing from the expense sad delay of their cases, which woe ever tined is the alumna of effective and prompt Meade.. lime be veil esfy also that this measure was not to bu ellaiilllllll as tie termination of Chancery reform. The hems wee aware that a miaminioti was at that memmt sitting to mender the fajta of sedum la 011 beatings mai 1111101111)1114 and Chancery he ant ant meembien wadi babe annual ef pat hem& mete sea a meet se wade lue e le take nee thaw emidisellen a complete eys - Ms team behave the Keeton' *Sleet Tuner, 19 ; taking 684. There were other dames of ear, appeals and re-hearings ; the Lord Chancellor 17. Of claims, the Master of the Rolls 28, TiN-Ohandllor Bruce 267, Vice-Chancellor Cranworth 80, ami Vice-Chancellor Turner 16; the total of all matters that have been disposed of in the Court of Chancery during the time I have referred to being 6,277. Now this is an enormous amount of busineu, and it shows how mch per sons who are engaged in transactions connected with pro perty come more and more to the Court of Chancery for the disposal of their business. And while it is quite true, as I think experience of late years has shown, that if each of the judges in chancery, the Lord Chancellor , the Master of the Rolls,and dseVie•-Ctsancellors,can attend the courts regularly there will be a sufficient judicial force, as Lord Cottenham said to me before that ilium which terminated in his death, for all the business of the court, though not sufficient to dear off previously accumulated arrears, yet it is evident that, if an illness occurs from overwork, or from any other MN*, to which all persons are subject, some arrears will innmedistely arise, die whole machinery will get out of eeffee.end justice this cannot be done to the persona who gps bate the Court of Chancery. (Hear, hear.) This, in deed, is so vase ea evil that I think some adequate effort, however costly, should be made without delay to prevent it. Mew the way I. which the proposal I have to make in this bill would remedy that evil would be this : while the Laid Chancellor is employed elsewhere, if dream in the House of Lords or attending some eaumlUse of the Hones of Lords, the two judges in the Coat of Appeal would sit for him, and, in that cue, the basins. of the mart would not be interrupted. I propose haltar, SIONIMBi to a provision in the bill which I wish to istemhice, in ere of the illness of the Master of the Relk. or of ow of the Vice-Chancellors, the Lord Chancellor dwell have power to make arrangements by which one of the judges of the Court of Appeal may be en abled to sit in the ether eismete, and to dispose of the busi ness in those eenet• I mg allude to such a case as that of Vi 11110111111.1.1, No or would wish that an eadatally sea like Vice-Chancellor Wigwam, hilly IVA. , reheadag to the eatiebersa of the petits all the Emir which were ealrarod to \in--Cheer, had—mesh retire because of esewisatieue agree or berme of a public complaint, la seregeemer wig Omar or Oman which might only be eta haeallea, bat 'disk whir it existed, iaragoci= lf o i lb= allerrime la hie roars. MM. her.) Nevertheless, se MON Used. he retired has his sort; a groat Mr at harem were ; w tar add sat be disposed of * mem at the Vir-Chreellues; Ass Ole Tiee-Chan osier toe ea mash briars is his era mart se he CAA get It therefore, I be desirable to have efa l oV i thees Saigon of the Court of to sit, in such • ase, he thus weeks, or for three swaths, possibly, in eviler to see whether the Judge whe led retired tempora rily hem his awl because of indisposition would not, within • eared& ties, be susciently recovered to resume the esenise of Me important functions. The other quie tism new Meld relates to the political and other hariose of the Leed Chancellor. And I must say, at this doe when we are called upon eemply ea he es with the general wish to see im provements sad effected in the law, that it is very sdebabie that the Lewd Chancellor, holding the higher Ctallll=llllllllll4.l law In this metre, sad weaker r r s theif H. gaarres of the urines droll be rolled ho are lb rare sad doiliones atlaafiea he eat Sor hat rot lir le de Nimbi i became, on the a It wear he a per lablereeme sloths ormatry if really esibises moor be =wog in eassequence of the Lei Ohanealler ant baying thae hilly to master men- MU As the impinempat of the ;ad bemuse, on the ear Wok i maid be a saber= in rim illemeiderel am& 11141gulail abrader of the law rehab. whatever the seal awl errirby with which they ist have been tint m ed. wadi la • fret years be disearbi raps aimi ng i n He bream eaticipMml and dared. Oa bealt =T a ma& It sure to re to be very eawateary dot ung gromedber iambi be rased ia a prigs& la which be war be die la glee a lore perks of his gam and M.lllhe ark err Ilar. I have And with regard to . 01111rbewb the rte Lord Chaaseller, and with regard Ire reser Lied Obeseellor. that with every desire on hale part le allied to Wrote of this nature, and to be In ealnitilleet et the Hew of Lords on nett gab. }acct baabsupleg anew, they had neural'. bra sorpird la Shaw feeling—and I think Ant duty to the public was to of eel illgare their judieW functions in the Oman of Charery. There are, also, other graeriar whisk air eater into meableratioa. I JUDICIAL Lord J. ItUSSILL roes and said —Sir, I sow rise to I is,. he liars to War is two bills, of whisk I bare given tralete. With swat loth, resead of these bilk, it is sanely • ve-leireiesde• of • bill which 1 introduced last year. It le he the wpm, et NNW( diet the sa:ary of the Chief Imam et tho Qum% Pm& shall be by law what it has been by mem tee is. time—eemely, COM. • yew, sad that die obey of the Chief hedge er the Cameo rams, *Ma W law as 8,000/. • year.thell beeselbedi be TAW. • peer, Da Ike owe imprint 1111, to which I um widt to ell the aitemien el' the lemees, is • bill to tweet the administrable' of i.r m to the Court of Chaeeeey la tho Jedisiel Oier the Prig Council. 1 do set Walt it KOS sew b t= ends in reference to whim la I sinbal as = 1 thest it desh , aide to tams • ram is the Cost of Clammy. I wish only to meld dr been thee this wore certain =TI dm made 'Web bed die pond. though O ' the uminsite. soloet of Ile bow; sed *et then wee seeleis ether peele of the yee to which gime oldeetlems yew totem bee saw Minot quarten. I state& ea the Amer eeseelos, thee I elati dwell it deardie—eleles re moat of *Wel beano wild wend epee tb• Lod Chancellor, sal ire very p••• Nesseoemeeof lie peaks' functiess—thad isms nettaisee sisaid bs %km be th• perms of rdieefag Yet atom poetise of thew eelesoi we dellee. I elotod that this tee deebobio ea aseert et the phis. be thee se gem add dive awe this a aerials than vWe hie moyielploi. So ie. I think. th• been Ike it vas iledoolio tint coma aseirare of this Idol be fe *Wend.Fable sated. be the memo I this Ihot I tt dedeehie ilea the Lead Crsa u abseil rotas his riled thoellar—that be druid met be island sue* to his julletal bet that be ahead soils Nat Oiliest eo - NNWwit Ha aeoeillte peeeelemt die Womb bee and other matters not embraced in the present bill. (Rear.) Mach consideration would, however, be required, in reference to all matters of deta , l. One of the lint to be door, as regarded Chancery reform, was, it wosM be evident. to relieve the Lord Chancellor from the present state of his duties. The Lord Chancellor was a penes whoa it was desirable to consult on all such subjects, l oad at dm pawl limo they wished that he could be able _to devote obi to this subject. As matters at present I stood, this, however, was not possible, for every moment of the Lord Chaneeller's time was takea up by one or other of his pressing and onerous duties. By relieving him from his duties in the way contemplated, they would not only confer lan those benefits brought out in the course of the present debate, but give the government a auitable head, with whom they might consult, and by whom they might be guided in carrying out all measures of law reform. (11.ar.) After a few words from Mr. J. STUART and Mr. ELLICE, Sir HTRILLOUGHBYtrusted that the Attorney-0e: neral would be able to give them the assurance that the question of fees in the Court of Chancery would be taken u - The ATTORNEY-GENERAL said there was nothing in the machinery of the Masters' ofces• which rendered them incompetent to the discharge of the functions which devolved on them ; but they were so overlaid I with business that they could not get through it, so that if they could be relieved of the country business, as proposed by the County Court Extension Act, it was quite clear that great benefit would ensue. (Hear, hear.) He was glad to see that, on the part of the profession, there existed a most laudable anxiety to render their best assistance in the carry ing out of those legal reforms which it was so desirable should be effected. Mr. HUME hoped the house would give due consider*. tion to the bill, but admit of no delay. (A laugh.) He concurred in all that had been said as to the necessity of reform in the Court of Chancery. After a few words from the Attorney-General, Mr. J. Evans, and Mr. Mullings, Lord J. RUSSELL was exceedingly gratified with the reception with which the measure he had announced had met from honourable and learned members on both sides of the house. There might be other reforms desirable, be sides what the present bill accomplished, and these, it was to be hoped, would ere long be overtaken. (Hear, hear.) I He had long been aware that the Masters' offices were liable to improvement. The subject, however, was one in volving considerable difficulty, and requiring the most careful consideration. The bill which had been introduced from the other house of parliament would, if carried, be at. tended with considerable benefit. Ile was, however, disposed to think that much further amendment was requisite. Leave was then given to introduce the first Mil. On the question being put fur leave to bring in the second bill, Mr. HUME urged the necessity of an annual statement of the Suitors' Fund being laid before the house, in order that they might be aware what were the receipts. It was highly necessary that the fees should be reduced. Lord J. RUSSELL, who was very indistinctly heard, was understood to reply that the Lord Chancellor had re duced the fees by the sum of 22.000 f. a year. Leave was then given to bring in the second bill. Both bills, it was announced, were in charge of Lord John Russell, the Atturney-General, and the Solicitor- General. /1.7 UNION. On the motion for going into committee of supply, Sir L. O'BRIEN called attention to the e etition presented by the late guardians of the Ennistymon L nion. He dwelt upon the difficulties with which tho board, of which he was a member, had bad to contend, the enormous expenditure for relief; the exhausted state of the union; and the inces• sant frauds that were attempted by the inhabitants in order to obtain the outdoor allowance when not entitled to it. He submitted that the board ought in justice to be allowed to vindicate their management, lying as they did under the stigma of a summary dismiusl by the cominissionen ; and therefore he moved for the appointment of a committee of inquiry. Viscount BERNARD having seconded the motion, Sir W. SOMERVILLE opposed it. entering at consider able length into a detail of the circumstances, which, he contended, fully justified the commissioners in superseding the board of guardians at Ennistymon, and placing the management of the union under a paid board. As a proof of the calm temper which governed the proceedings of the commissioners, he instanced the fact that, throughout Ire land, they had only in this one case dismissed a board of guardians. After some discussion, Sir L. O'Batits withdrew his mo tion. SUPPLY.—THE KAFFIR WAR. On the motion that the Speaker do leave the chair, Mr. ADDERLEY consented, at the request of Lord John Russell, to postpone • statement which he had to make until a later stage. The house then went into committee. The first vote was that a sum not exceeding 300,000 f. should be granted to her Majesty towards defraying the expenses of the Kaffir war, in addition to the ordinary votes for the army, ordnanesi commissariat, &e. The CHANCELLOR of the EXCHEQUER rather an ticipated from what had just fallen from the hon. gentle man, that probably in the discussion which might arise upon this motion, some objection might be taken to the expensiveness f this war; end therefore he would leave what he had to say until he had heard the observations of the hon. member. They were all sufficiently well aware that a war was raging with the Kaffir tribes, and that • considerable expense must necessarily be incurred for the purpose of putting an end to it. Nor need he hardly remind them of the character of those hostilities, which were carried on between a civilised people and a nation less civilised. They were fre quently waged in a very barbarous spirit; and unless the interference of some government took place border hostilities were generally of a very sanguinary nature. The more enlightened spirit of modern times had in great measure put an end to the barbari ties that used to prevail; but he believed a necessary consequence of that was, that the warfare so carried on be came of a more expensive nature. He considered, how ever, that it was well worth while to incur that additional expense, for the sake of preventing those atrocities which had signalised the old wars. (Cheers.) In the late Kaffir war very considerable expense was incurred for the par pme of putting down the hostilities ; but that mainly arose from the officers in the colony being unprepared with the means of supplying the troops with necessaries. They had then no proper staff upon the spot ; and it was then neces sary to convey the supplies to the troops over a great dis tance. At that time the stores were landed at Fort Eliza beth, and conveyed to Graham's Town, and from thence to the seat of war. Fortunately the expense on the present occasion was very much diminished, owing to our possession of a landing place on the Buffalo River, which was called, he believed, East London, and which was neer the ter ritories of the Kaffirs. (Hear, hear.) When he last ad dressed the house on this subject he certainly was under the apprehension that a far greater expenditure would have been necessary than would now probably be required. The first estimate that was sent home by the Commissary General was a probable extraordinary expenditure of 400,000!. for six months. He (Sir Charles Wood) had, therefore, proposed 300,000!., at the same time expressing a hope that the war would be speedily brought to a termite ton. He was afraid that hope was very much diminished, but he was happy to state that the probable expenditure for a time was very much diminished also. (Hear, hear.) Profiting by the experience of the last war mu ch more rigid measures had been enforced; and the Commissary General had the advantage of the services of persons conversant with the business. Formerly a large portion of the expenditure was entrusted to parties in the co lony, ever whom it was impossible for the Commissary- General to exercise anything like a complete check or audit, for it was found exceedingly difficult to obtain their accounts. The whole of the commissariat officers had rendered theirs, and they had been audited—so far, that was, as it was possible to audit three-fourths of the accounts when the other fourth was wanting. A much more rigid system of accounts, however, had now been established ; and he (the Chancellor of the Exchequer) was happy to say that he had received such statements from the Commissary- General as would probably render a much less grant neces eery ; and at the same time, Sir Harry Smith de clared that the troops were never in a better state of efficiency or better supplied. (Cheers.) The actual extraordinary expenditure to the end of January was about 12,0001. ; and the estimated sum that would be required up to the end of July was 202,000 i., making, with the 12,000 i. already expended, • total of 214,0001. instead of 400,0001. Mr. HUME—But you have not got all the accounts. The CHANCELLOR of the EXCHEQUER—That was very probable, as the end of July had not yet arrived. (Laughter.) On the 15th of April there were 15,000 men under arms, to whom rations were supplied; and there were also 15,000 other persons, consisting of the wives and fami lies of the levies in the field, to whom rations, or allow ances instead of rations, were supplied. He hoped that the war would not last till the end of July, ' but he could not pretend on that account to reduce the vote, though, of course, the money would not be spent unless it was absolutely necessary. It was only justice to the Commander-in-Chief to say that, while he required from the Commissary-General that all necessary supplies and stores should be furnished, he had joined heart and soul in cutting down the expenses on the frontier to the lowest possible sum. (Cheers.) Formerly there had been —he could call it by no milder term—a great system of jobbing, but that had been entirely put down, and • strict ' authority was now exercised over the subordinate officers. (Cheers.) The right hon. gentleman concluded by moving the vote. produced seven wars with a frontier tribe in so short a time. It was said that the last war took us by surprise, that zweris the tcedi go aa r hadw or am did a lon n it o: s i , t ee n ym ow afe, h b o ringhad w to nothing; but the sixth war, a much more satisfactory and economical plan. It was ta hise° :h uu t petp th lhi e esis go . government them such a lesson, that the seventh was to be con e° d T uc uih7 ted iallfi o v n e. Tb w:r ea ak.an audited r.dta t h ;. t thedo n i only remaindert hemt three-fourths a a t very iaw ea country, expensive r the y, nobody mining,on acc ountsth at lying in a confused heap in the Secretary's of e ce rhad a a r t a t C lreh i dde pe ad s house wished to see them, as nobody at the Cape wined W *end them. (Laughter.) They certainly never woad be sent here; they never had been, and they never would be audited. What ground bad the Chancellor of the Exche quertth2 0 o r y result tproportionh a ! fo n fb the t sentrwe sti expensealready, cue t1 0 hVwro that epe fiotner becausecum arno more ne re e:wbe bill d a h r a f ßefore ag i ree — ing wh th y this ate expense had hadcommittee been incurredmustcooside_r three point- what chance then was of its continuing and what was the proba bility of the recurrence of these wars. It had been laid down as a maxim by many of the colonial ministers, and by none more distinctly and emphatically than by Lord Grey himself—that every colony having a representative govcrnmcut should bear the expenses of its own internal defence. Lord Grey had distinctly laid down this proposi tion, within the bat twelvemonth, with regard to New Zealand. It would bo better for the committee to inquire why the colony had not representative government that to consider the expenses of the war. The only question were, whether there was a prospect of the war coming to a speedy conclusion, or of such a constitution being given to the colony as would throw all the expenses upon it, and save this country from the chance of such an expenditure recurring. Were a representative government given to the Cape these wars would cease—at least it would be a great check on their recurrence if the colonists had to bear the cost themselves. They would not then so thoughtlessly run into war. At all events this country would cease to bear the expense. The question was, why the Cape at this moment had not representative government ? In the early part of 1850 her Majesty sent out letters patent to the governor of the Cape authorising him, with his legisla tive council, to form representative institutions for the colony. An outline was soot, which they had full latitude in filling up. As soon as the letters patent arrived the first task of the governor was to summon his legislative council, which for two years previously had not met, the only government having been that of the governor himself. In doing this he acted upon the suggestion of Lord Grey, and appealed to popular election to till up the council. The council was elected ; they proceeded to frame the new constitution; but the legislative council broke down in the task. Many supposed that the resignations were owing to minor differences, or differences so to the formation of the constitution. This was not so. The elected members of the council were ready to take any constitution offered them, and would have been perfectly thankful to receive it as delineated in the letters patent. The sole ground of their resignation was this—after they had entered into discussion on the new constitution the governor presented to them a aeries of bills on subjects of ordinary legislation, and this led them to suppose that they had been tricked into being elected to that council, to be used as an ordinary leoslature instead of acting as • constituent assembly. They ref used to do so, believing that they were not authorised so to act. 'f hey wished the question to be postponed till the new constitution was formed ; and upon that point they resigned. They met, and prepared a draft constitution, in accordance with the ex pressed views of the majority of the colonists. They had come to this country with their proposition, which was sup ported by every municipality but two, and by nine-tenths of the future proposed electoral body of the colony. That constitution, consisting of sixteen articles, was the consti tution proposed by Sir A. Stockenstrom and Mr. Fairbairn, who were now in this country as the accredited representatives of nine-tenths of the colonists. The rem nant of the council had been formed by the governor into a board. They also had framed a draft constitution which had likewise been sent to this country for her Majesty'sconside ration. The first delegates had been kept four months, wait- ing the arrival of despatches from the Cape. There were now on the table of the house, and they showed that Lord Grey, on reading what had been done, hail reprimanded Sir Harry Smith on two grounds, because he had appealed to popular election in filling up his council, and because, when the elected members resigned, he had not gone on with the remnant of the council. Sir Harry defended his appeal to popular election on the double ground that he had no other mode of filling up his council, and that he had done it at the distinct suggestion of Lord Grey himself. A reference to the despatches would show that Sir Harry was fully justified in this. As to the other ground of repn mend, he said he had consulted his law officers, and they had given a decided opinion that he could not legally go on with the remnant of the council, which was reduced below the legal number. Lord Grey had written back to say that he could not agree in the opinion of the legal officers of the colony, and that he believed the law officers of the crown in this country would give a different opinion. He said he would scud out fresh in structions, by which the governor would be enabled to carry on the ordinary affairs of the government with the remnant of the council. Whether her Majesty had power to issue such instructions, after the letters patent had gone out, was for the law officers of the crown to determine. At this moment, Sir H. Smith being away at King William's Town, the Cape was under the government of Mr. Montagu, the government secretary, and no other man. it was a secret, nameless, irresponsible Montagu government. There was no governor, and there had been no council for three years. How had the expenses been carried on ? For three years there had not been a single legal vote legalising the appropriation of the revenue in any one instance. The revenue, which was chiefly derived from permanent taxes, had been received, and it had been appropriated on the secret responsibility of the government, trusting to future sanction. It had not met the expendi ture, and the deficiency had been made up by the Governor borrowing from such funds as the pauper guardians' fund, the fund arising from the estates of minors, of which he was the legal guardian. It was not necessary that he should allude te the Kaffir war ; the house knew perfectly well how it had arisen • but it was important to inquire whether the policy whic h had led to it was in process of being brought to a conclusion, or was likely to be persisted in. h was the general impression that the house would be willing to vote the two millions or what might be required, with the indefinite notion that this policy would be checked. Instead of this, it was in process of being exaggerated, to such an enormous and gigantic extent, that all which had hitherto occurred would appear as nothing compared with what might now be anticipated. In July last Sir H. Smith wrote to Lord Grey to tell him, as a piece of good news, that a new lake, surrounded with the most fertile land, had been discovered in the interior of Africa, 700 miles beyond the northern frontier of our colony; th at the Dutch tigers, discontented with our rule, were giving up all their own possessions, and making their way there, because it was out of the reach of the 6 & 7 Wm. IV., which ex tended ourjuriniction beyond the frontier of the colony. But Sir Harry said he had been beforehand with them, for he had sent his agent into the district; and he begged Lord Grey to get an act of parliament passed extending the 6 & 7 Wm. IV. to the Equator, (Laughter.) He advised that a recent commissioner should be appointed, and recommended • missionary for the purpose, observing that there was great danger to the natives from the presence of the boers. Thus he held up the beers to the hatred of the natives. Lord Grey, in his reply. of the 12th of Novem ber, said that Sir H. Smith was right in his determination not to declare the whole country under British rule, and directed him to enter into friendly relations with the chiefs, to advise them to combine in a general confederacy, and to promise them the support of the British government. The first step, he said, was to induce the chiefs to establish a confederacy against the been, and to invite the residence of a British officer among them, who might act as the com mandant of Kaffraria had acted, and would virtually direct the affairs of the confederation. He advised that a tax should be imposed on the natives, and said he hoped to ob tain an act in the next session extending British rule to the Equator. Were this done, the expense would be carried to an amount which would laugh to scorn all that had yet been expended. If the house had voted millions for • Kaffir war, they would have to vote tens of millions for wan be tween the Orange River and the Equator. It was gratifying to be able to refer to some cheering cir cumstances. Oa the arrival of Sir Andric, Stockenstrom and Mr. Fairbairn, they made a solemn appeal to the noble lord at the head of the government, setting calmly and deliberately before him the crisis to which their affairs had arrived and the danger in which the colony was placed ; they pointed out the means which the noble lord had in his hands of putting an end to this disastrous state of things. The noble lord's answer gave them the greatest encouragement; it was nothing less than he (Mr. Adderley) had anticipated from the noble lord, not only from his character as a man and his position in the government, but from his antecedents in the colonial department, for every one allowed he was one of the best governors the colonies had ever possessed. His answer was a request that they would state what altera tions they wished to have in the constitution offered by her Majesty, and the reasons they had for . proposing those alto rations. Their reply was, that they wished for no altera tion whatsoever, that they never had stood out for any alteration, but merely wiahed to be put back in the position they were in in the legislative council when the constitution was brought under discussion, with this little differ ence, that there should be no previous legislation neces sary on the part of the legislative council. That was assuming the position which they had previously assumed in the legislative council ; and they stated that if the noble lord would only give them a promise of a constitution free from delays and impediments, they would not only feel satisfied, but that their gratitude would know no bounds. The noble lord had given them a second answer, and though as kind as the first, yet it was not, perhaps, altogether so encouraging as they were led to expect. For though they understood it to mean that the noble lord sympathised with them in the immediate necessity of their application being complied with, yet the noble lord felt it asemeary to wait for further despatches, to see what the chances were of the war being concluded, Wore he could give • definitive answer as to when the con Istitution would be granted. (Hear, hear.) The noble lord also alluded to certain difficulties, which he said he tit bound to consider before he could say whether the new elmeitution would be sent out directly from this country without the intervention of the legislative council on the spot. Now, though these were the answers of the noble lord, yet the deputation considered that he had held out great encouragement to them • and. they also considered that he might have acted more resolutely and decisively fa awning out at once his views. A week ago, when mo n n o th t least come. chance (iea t:f , the noble lord replied to these gentlemen, he s to had not the despatches from the seat of war. hear.) What, then, could stop the noble lord from pro ceeding to the completion of that constitution, possessing, as he did, the means in his own hands ? (Hear, hear.) con p e ro lud ved ed f t o b r ere many was t T h h e e These gentl e men ubeig Lord J. RUSSELL wished, in speaking on the vast sub jmt then before the house, to compress within the shortest the facts of the case. The statement of the hon. ppmtLman making war for war's sake, upon bodies of un reeolved itself into this that they were offending natives, and that the war was wanton sad unnecessary. The statement of the honourable gmtleman also went to this, that the colony of the Cape, withe representative sys tem, would undertake the expenses of such wars, and that they, consequently, would have an interest in such cessation. Now, all that theory was based on the supposition that these savage hordes were made war upon with no other object than for war's sake by the Queen's troops with a view to their destruction. (Ilear, hear.) But any man who had looked into the history . of the colony, as well before as since it had come into Bnte.h possession, would see that the state of things was quite different. (Hear, hear.) Ho would see that the Dutch, having extended their settlements and dwellings beyond the immediate frontier of Cape Town, kept their flocks at pasture ; and that the Kaffir,' occasion ally rushed down, destroyed their dwellings, and carried off their herds. Such had been the history of the settlement. (Hear, hear.) Accounts informed them that in 1811, on the occasion of the last war, ten thousand men entered the settlement within the frontier, destroying the farm-houses, murdering the inhabitants, and carrying off the cattle that belonged to them. (Hear, hear.) No wanton act on the part of the colonists called for that ; and, therefore, how could this parliament turn round on them and say, " You must bear all the expenses for running the risk of allowing yourselves to be murdered ? " (" Hear, hear," and laughter,) They might naturally say, "If left to ourselves we will defend our lives and onr homes; but surely you, having the sovereign authority, are called upon to protect us, and therefore we demand your aid." (Hear, hear.) The honourable gentleman (Mr. Adderley) seemed to sup pose that the possession of the constitution would be of such value as to induce the Cape colonists to defray the expenses of all future wars. (Hear, hear.) Ile (Lord J. Russell) doubted not the honourable gentleman had re ceived assurances of that nature ; but he (Lord J. Russell) found no party coming forward with any such assurance. (Hear.) According to the hon. gentleman, the colonists called for a representative constitution, in consideration of which they would supply future taxation for war purposes' to' such an amount that the United Kingdom would be at no further expense. Now, on the contrary, Mr. Fairbairn laid a different view before the committee, and declined—very properly, no doubt—to commit himself by an undertaking that the colonists would entertain such agreement. (Hear, hear,) Such being the ewe, it would be impossible—considering the revenues of the Cape—that the expenses of the war could be defrayed from any other source than by this country. (Hear, hear.) There were various questions connected with this subject, some of which would be considered by the select committee, whilst others would more naturally form the subject matter of debate in that house : but at present it could not be said with accuracy what the plan to be adopted should be to provide security in this matter. lie (Lord J. Russell) was aware that the war at present going on was of a very destructive character, and that many savage acts had been committed. Ile was also aware that the plan adopted had not been so successful as to enable them to say when it might be terminated. But hon. gentlemen should recollect that the policy at present pursued by this country had been adopted, partly on the advice of those able men, Sir Benjamin D'Urban and Sir Henry l'ottinger, who had tilled the office of governor in the colony, and partly in consequence of the strong feeling prevalent in this country, namely, that they ought not, for their characters' sake, support the system of the old Boers, who we. , t out with their titles and shot the native, whether engaged in aggression or not. (Laughter.) Therefore, the house and the country, and the various governors, had adopted the present system, with a view to effect that very necessary alteration. At the present moment the only question for the house was that advanced by the hon. gentleman (Mr. Adderley), as to whether this country should or should not bear the expenses of wars in those colonies that were not able to defray them themselves? (Hear, hear.) The hon. gentleman asked whether this country was prepared, at the present moment, on other grounds, to issue the immediate grant of a constitution? Upon that subject he (Lord J. Russell) should recallthe circumstances that had occurred, and which were not entirely in confor mity with the statement of the hon. gentleman. It should be recollected when the proposal of a representative consti tution was conveyed from the governor of the colony to Lord Stanley, the then Secretary for the Colonies, that ho hesitated; and that consequently from 1849 to 1849 there was little said about the matter. However, upon recon sideration of the whole matter it was resolved by the government to attempt to establish it. Sir Harry Smith had taken the opinion of his law officers, and Lord Grey found fault with the decision to which he (Sir Harry) hail come. But, most unfortunately, the persons whom Sir 11. Smith called to his councils with a view to assist him in entering into the details of the representative constitution, on such terms that the whole instrument should be sent home to receive the approbation of the imperial govern ment—these persons, instead of aiding him, set themselves at the very outset to thwart him and his project by every means in their power. Sir Hurry Smith declared it to be has conviction that from the first their object was to mis lead the council. (Hear.) They commenced in the first place by disputing the right of two members, whom Sir Harry Smith had called into the council, to sit at the board ; and subsequently their conduct was such as to put an end to the possibility of any decision being arrived at by the council. (Hear, hear.) Whether that representative con stitution would have acted for good or for evil, it:was plain, if they then said, " We will accept the instrument sent us from London ; we will take the representative constitution sent us, and fill up the details ourselves"—it was plain, if they had so said, before the present time a representative constitution would have been in operation. (Hear, hear.) Therefore it was naturally and entirely their own doing and their own act that they had not now a representative constitution. (Hear, hear.) And, therefore, when hon. gentlemen asserted that the council had exercised despotic authority, they should recollect all the circumstances of the case, as also the authors of all that had occurred. (Hear, hear.) There were only two things more to which ho would advert, one was that her Majesty a government were determined to carry into effect their proposal of a representative constitution; and tho second, that, however anxious they might be to introduce these institutions, there did appear, considering the last disturbance, to be insuperable difficulties to putting that constitution in force and operation. (Hear.) if any separate commissioner should go out to the Cape, in order to open the elections, with a view to carry the constitutional principle into effect, he would not be able to do so ; for a great many of those who would be entitled to take part in that proceeding were away and actively engaged in the war. (Hear, hear.) Therefore, whilst that was the case, there would be a difficulty in holding elections, or attempt. ing to carry into effect the constitutional principle. (Hear, hear.) He was not aware he need say anything of the nature of that constitution. lie thought it would be _ • . necessary to have some law passed 'Which would re quire the assent of the legislative council to provide for the executive and judicial establishments of the colony. lie believed some provision of that kind was necessary. lie thought the house was bound to support those who went out—and thus prevent murder—encouraged as they were by the government, and with the entire approbation of tho hon. member for Montrose ; and, with regard to the ques tion of defence, he thought there could be no doubt in tho mind of any lion, gentleman. (Hear, hear.) Mr. HUME enforced, with many arguments, the asser tion that the war was altogether aggressive on our part, and refused to concur in a vote that affixed a parliamentary sanction to so unwarrantable a proceeding. Ile laid to the fault of the government and Si. H. Smith the delay that had occurred in putting in motion the constitution designed for the Cape, and insisted on the necessity of removing the obstacles that stood in the way of that consummation. Mr. HAWES maintained that whatever might be the • judgment passed upon the war, on the score of prudence or morality, it was necessary, for the sake of our colonists all over the world, to pass the present vote, as an mu ' ranee that the money requisite for their defence would be duly provided. He sketched the history of recent events to show that the pending war was not one of aggression, and that the various projects and expeditions undertaken by the present governor were not inspired by an empty love of glory or conquest. The difficulties that had prevented the immediate introduction of the prepared mechanism for self government were of the colonists' own raising. Now that war existed, it was judged inappropriate to commence a system of popular representation; but as soon as peace was restored, there was no reason why the inhabitants of the Cape colony should not at once enter upon the enjoyment of liberal institutions. Mr. V. SMITH admitted that the di.cussion had trans the literal bounds assigned by the terms of the vote fore them. It was, however, impossible to get colonial questions fairly considered, except upon a money vote. Re viewing the recent system of colonial policy, he contended that it was characterised by a dangerous spirit of extension aid absolutism. After an explanation by Lord J. Rotianu., Mr. BRIGHT declared his conviction that the popular constitution ought to be immediately conceded on their own terms to the Cape colonists. The inhabitants evidently felt no sympathy with the governor, who was a military °Meer. fitter to conduct a war than a dminister tho affairs of a free Mr. ADDERLEY did not derive much consolation from the arguments of the right hon. gentleman. First, as to the smallness of the vote. The sum now asked for was a mere exponent of the total expenditure which the war would render necessary, for, under present circumstances, and un der their present policy, it promised to be interminable. (Hear, hear.) As to the nature of the war, he could not conceive anything more atrocious, or more barbarous, then the civilised warfare which was now being waged in the Cape. Was not the war carried ou by burning the harvests and crops of the Kadin, amid by catching prison ers and roasting them alive ? It would be better that the discussion on the vote should be adjourned until further in formation was received. What was this 300,0001. which the committee was asked to vote ? A vote of half a crown, or any trifling sum, would be just as good an exponent of the boundless expense they were inearr ing , as the arbitrary sun of 300,0001., which had been fixed oa without any data whatever. No proportion would exist between it and the Waal expense of the war, even for the present year. It was oda that these expenses were incurred la a much nun satisfactory way than on the last occasion. But this was the seventh Kaffir war for which this country had had to pay. (Hear, hear.) What a policy that man be which ..„ community. Mr. LABOUCHERE reiterated and enlarged the de fence of the Cape policy previously offered by his colleague in the administration. After a few words in explanation from Mr. Ilvsig and Mr. Ala/MILEY, who moved that the chairman report pro gress, a miscellaneous conversation ensued, in the course of which Mr. HAWES stated that the war would prove a hind rance to the establishment of a constitution in the colony only so long as the exigencies of the service retained the governor and chief functionaries at a distance front the capital. The motion for adjournment was finally withdrawn by consent, and the vote passed the committee. The house then resumed. 111•... an 7, ~.,., ...••.•r _ ~. -. BUSINESS ON MONDAY. In reply to Mr. " The CHANCELLOR of the EXCHEQUER stated that the woad reading of the Inhabited Ilotiteholden Bill r