The Press. — London, England, 1857-06-13 00:00:00

JUNE 13, 1857. VrocOinp Zn 7partinincnt. HOUSE OF LORDS-MONDAY. THE CASE OF MR. SHEDDON. Earl GREY rose to present a petition from Mr. W. p. R. Sheldon, complaining, among other things, that— By a decision of the Court of Session in Scotland in 1803, and of this house in HOB, obtained in his infancy, he has been deprived of his Ptatus of a natural-born subject of this realm, and as the legitimate child of his par nts, and of the means of duly investigating in any court of law the question of such status, and causing the same to be recogoi seol, and praying fir such relief and redress as to this house may seem meet, and to move to refer the said petition to a select committee. The noble earl, in a speech of great ability, entered at some length into the details of the case, which are as follows :—About the year 1764, Mr. William Sheddon, only son of a Scotch landowner, emigrated to America; four years afterwards he returned to Scotland on a visit, but sailed again in 1709, and remained in America, engaged in mercantile pur suits, for the rest of his life. While there he was twice married—first in 1785, of which marriage a daughter only was born, and afitin some few years later, with the issue of a son. It is upon this second connection, with a Miss Wilson, that the question is raised of the legitimacy or bastardy of her son. It is stated on the one hand by the petitioner that the union in question was solemnised in the first instance, in 1790, by civil contract—a ceremony alleged to impart the validity of marriage acccordinl to the laws of New York, where it was performed. Either, how ever, to remove doubts, or to make assurance still more certain, or to facilitate the succession of his son, Mr. Sheddon, six days before his death at New York, on the 7th of November, 1798, was married over again to the lady with whom he had been eight years living, and this time according to the rites of the Protestant Episcopal Church ; and on the day before his death Mr. Sheddon was reported to have written home to his relatives, announcing his mar riage, and saying "that it was to restore her and her two children to honour and credit." On the 13th of the same month Mr. Sheddon died, leaving property of great value and a certain landed estate in Scotland. Closely connected with the late Mr. Sheddon, both in business and by blood, was a family named Patrick, and Mr. William Patrick was appointed guardian of young Sheddon upon his father's death. After the news of that event reached Scotland proceedings were taken with reference to the Scotch estate, upon the assumption that the son born in America was not entitled to succeed his father in possession, and the succession was opened in due form to Dr. Robert Patrick as next heir. This was in 1709. In the year following William Patrick Ralston Sheddon, the son aforesaid, arrived in Scotland from America, and passed under the tutelage and care of Mr. William Patrick. In 181)1 the guardianship of the boy was transferred from William Patrick to Hugh Craufurd, and two years later this Hugh Craufurd instituted an action against the Patricks for the recovery of the lands to the use of his young ward. The action was defeated, and an appeal to the House of Lords met with no better success, an adverse judgment having been pronounced by Lord Eldon himself in 1808. The case was again argued in 1849, and again in '5l. Mr. Sheddon having amassed a large fortune, by successful application to business, claimed the paternal estate and maintained his legitimacy upon the ground that his father and Anna Wilson, his mother, had been married, in 1790, by civ 1 contract, previous to his birth in 1704. On both occasions he was defeated, and he now applied for a select committee of that house to inquire into his case. The LORD CHANCELLOR protested against inter ference cf the house, for if the civil marriage could be proved the petitioner required no Act of Parlia ment to enable him to assert his rights. A decision against the petitioner had been pronounced by the Scotch Court of Session ; that decision had been confirmed by their lordships' house, and it would be a dangerous precedent to set asido the judgment. Lord BRoUGHASI was in favour of an inquiry, and sug4e-tai that Earl Grey should bring in a bill upon the question. Lard Sr. LEONARDS opposed the motion. Lord LYNDHURST asserted his belief in the authen ticity of the proofs of the marriage by civil contract in 1790. The evidence had not yet been heard ; it was held in retentia. It was said you cannot prove this marriage till the question of fraud is dis posed of; when that is done then the evidence may be read. The fraud was not disposed of, and in so far, therefore, all the evidence has never been produced, though it would most satisfactorily prove the reality of the marriage. But that was tar from being the whole. The lady who was the mother of the peti tioner was the daughter of a British officer who had clist.nguished himself very much in the war, and she was living at New York in the immediate neighbourhood of her father:— THE PRESS. Was it likely that a British officer would suffir his daughter to be living in a state of cohabitation with a merchant in his neighbourhood? The whole probability of the case was against such a thing. Again, the entire evidence went to show that this merchant was a man of respectability and of excellent character, living in the best society, and that his lady moved also in the best society of the place. That society consisted in great part of Presby terians, persons of strictly religious and moral character, and the house might be assured that they would never have received the lady unless they were satisfied that she was the wife of Mr. Sheddon. Finally, with respect to the letter of the 12th Nov., 1798, the petitioner denounced it as a fabrication, and called upon his opponents to prove it. They retorted that the document had been handed to the petitioner, who denied that he had ever received it, and invited the other side to prove that it had ever been given to him, at the same time challenging proof that it had ever been shown to or had been seen by any person. That challenge had been declined, and up to the present moment no proof of that letter had been given : Was it likely tint a skilled lawyer like Mr. Patrick would have given up an original document so important in its nature without taking some receipt, or having the presence of some witness to prove the fact? Then, again, looking at th it letter itself as put forth in evidence, its contents were in contradiction of the great mass of evi dence which had been referred to. Moreover, the latter was dated the kith of November, Mr. Shedsjon's death taking place on the 13th, while on the 10th it was stated that he could not turn in his bed, would never be able to transact business again, nor to open a single letter. Then, again, the contents of the letter were false. It stated that it, contained two bills of exchange for 4171., to be applied for the education of the boy ; but it appeared from entries in Mr. Sheddon's ledger that the 4171. was not remitted for any such purpose, but was intended to discharge a iner• cantile debt. More than that, the original of those bills never arrived, and the papers produced were only copies, not signed by the deceased. That evidence had not been heard by that house or in the court below, ani if the peti tioner's legitimacy was established, beyond doubt he had been unjustly deprived of his estate. The Earl of EouNrom warmly defended the dolt. racter of Mr. William Patrick, after which the house divided, when the motion was lost by a majority of 19 to 11. The Cinque Ports Amendment Bill was read a second time, and Their lordships adjourned shortly after eleven o'clock. HOUSE OF COMMONS—NIONDVY. The Earl of FWE took the oaths and his seat for Banffshire. MORTMAIN LAWS. The ATTORNEY-GENERAL, in reply to Mr. Hadfield, said the Government did not think they would be able to deal with the amendment of these laws during the present session in the manner which the magni tude of the question required. His hon. and learned friend the member for Durham had given notice of his intention to reintroduce a bill on this subject, and presuming that it would be the same bill that he brought in in the last and antecedent session, he should be happy again to assist him in passing it into a law. CIVIL SERVICE TATION. Mr. D. O'CONNELL wished to know when the Go vernment would bring in the bill for the amendment of the Civil Service Superannuation Act. The CHANCELLOR of the EXCHEQUER : The question with regard to the Superannuation Bill is one of great magnitude and difficulty, and the report lately presented by the committee is now under the con sideration of the Government. I cannot say that we have come to a decision to introduce a bill, but I ought to add that the committee of this house last year recommended that certain questions should be proposed to actuaries with a view of determining how far the claim of the civil service with respect to an abatement of their payments was founded in equity, and how far they have ground of complaint that they have not received an equivalent for what they have paid. The Treasury called the attention of the r oinmissioners to that subject, and the commis• sinner! recommended that the inquiry should be pursned. The commissioners communicat NI with the actuaries, and the actuaries have called for a mass of information from the different departments, but have not yet made a report on :the subject. The commissioners have promised to give the report of the actuaries in a supplementary report, which we have not yet received, and therefore the subject has not yet been considered by the Government. MUNICIPAL BOUNDARIES (SCOTLAND). The Loan ADVOCATE, in reply to Mr. Baxter, said the Government were prepared with a bill providing for the extension of the municipal boundaries of burghs in Scotland, and he hoped it would pass this session. MINISTRY OP JUSTICE. Mr. BAINES, in reply to Mr. Warren, said that the Government had na intention this session of re appointing the committee of last year, the Govern ment having the question of the establishment of a department of public justice under their considera tion. THE CIVIL SERVICE. On the order for going into committee of supply, Lord Goncnicit called attention to the last report of the Civil Service Commissioners, and to the present system of admission to the civil service. He referred to the principle and objects of his motion last year, and to the speech made on that occasion by the Chancellor of the Exchequer, which had induced him to withdraw his motion, and expressed his disappointment at finding from the last report of the commissioners that the system of competition had not been, as he had been led to expect it would be, more extensively carried out : At the period of the discussion of last year that principla had been adopted partially in the Audit-office, in the office of the Chief Secretary of Ireland, in the Education-office, and in the Treasury and War Departments. Since that time it had been extended to only two other departments. It had been adopted partially at the Home office and entirely in the Public Works•office. No attempt that he could discover had yet been made to introduce it into the departments of the Admiralty, the Exchequer, the Foreign office, or the Post•office; and no effort whatever had been made to alter the manner by which the patronage vested in the right hon. gentleman the member for Wells ( Mr. Hayter) was distributed. He (Viscount Goderich ) had great confidence in the fulfilment of any promise made by the Chancellor of the Exchequer, and he therefore still hoped that, in spite of the discouraging blue-book which the Civil Service Commissioners had this year laid before Parliament, the system of competiti►e examination would be introduced into the Government offices. All he wished, he said, was that the system should go on, not stand still, far less recede; and he asked the Chancellor of the Exchequer what were the intentions of the Government in this matter? Mr. BASS and Mr. MALINs wished to know who possessed the power to nominate or recommend such persons as were ultimately selected for examina tion, with a view to admission into the Civil Service? The CH.\NCELLOR of the EXCHEQUER explained that the order in council had made no alteration in the right of nomination to civil appointments, which belonged to the Crown and was exercised by the Crown or by the heads of departments, and he pro comled to observe that the Government were of opinion that it was not desirable that the subordinate offices in the administrative departments should be thrown open to public competition, but that all per. sons entering these departments of the civil service should be subjected to an examination with a view of testing their fitness for office. The real question was, what was the number of offices in which that system was adopted ? As far as 1 know, it is adopted in the Treasury, in the War Department, in the Home Department, and in the Colonial Department. It is also adopted in the Board of Trade. (Some cries of " No.") I may be mistaken. I understand now that it is not adopted in the Board of Trade. It is adopted in the Beard of Works, and in three out of the four offices of Secretary of Sate. I believe also that on some occasions it is adopted by the Admiralty. This statement shows that the heads of departments have voluntarily adopted that principle in filling up vacancies. My noble friend at the head of the Government, looking to the short time during which the system had been in ex istence, had not felt himself justified by a mere act of the executive Government to make it compulsory on the heads of departments to follow this system, but it has been re commended by the practice of the Treasury and other departments. Mr. VAN4ITTART (Windsor) wished to know upon What. ground persons were nominated to compete for these positions. The CHANCELLOR of the EICIIEQIJER : Upon the ground of efficiency. (Laughter.) OATHS BILL. Sir F. MESMER gave notice of the alteration he intended to propose in the committee upon the Oaths Bill—namely, the addition of certain words at the end of the oath, including " on the true faith of a Christian." The house then went into Committee of Supply upon the remaining Army Estimates, which were agreed t.) after much discussion, in the course of which Sir John Ramsden made the following re marks upon the question of military education : The whole question of military education had for a long time engaged, and did still engage, the most serious attention of the Government, who were fully aware of its great importance. The first recommendation of the com• missioners upon the subject, and one on which they laid the greatest stress of all, was that a board or council should be appointed to consider the whole question. That step hail already been taken by the Government. A council had been appointed, and their duties were to draw up a general scheme of military education, giving more par- ticularly their opinion as to what should be the examination to which gentlemen should be subjected when candidates for their first commission in the army; also, as to what. examination officers should have to pass through upon promotion through the different steps up to the grade of captain; and, also, as to what should be the qualifications required of staff officers. That council had only recently been appointed; those were the duties which its members had to perform, and when they should have drawn up their scheme of education that scheme would be submitted to Parliament before being adopted. The reports of the Committee of Supply and upon the Sound Dues were brought up and agreed to. 5'3