The Press. — London, England, 1856-02-09 00:00:00

126 and merits of the individuals by the Government of the day. then you immediately introduce a doctrine not only dangerous to the prerogative itself, but which will expose the whole monarchical constitution of the country to de• struction. From the moment you determine to act upon this principle you will have signed the doom of the House of Lords. It may not be this year, or the next five years ; but if you admit that principle, and it must be carried to its ktgitimate consequences, my belief is that the hereditary aristocracy, which is the support of an hereditary monarchy, will be shaken to its basis, and that if we ourselves should be spared the sight, our sons will witness the fall of that monarchy, which may for a time be upheld by the personal virtues of the individual who possesses the throne, but which must fall the very first time its possessor becomes obnoxious to public censure or distrust. This nominee system had been abandoned by the Commons, rejected by the colonies, and was now sought to be introduced into the Lords. Between the two constitutional modes of Government—an hereditary Upper Chamber independent of the Crown and an Elective Chamber—there was no alter native : My desire is to maintain an hereditary monarchy, with a balanced constitution of the three powers. To this you must cling as one of the main sinews, so essential to the hereditary character of the House of Peers. (Cheers.) For one, I will not consent without a struggle to see the House of Peers swamped. (Renewed cheers.) I hope, therefore, that the question will be referred to a Committee of Privileges. I desire deliberately and carefully to con sider the whole matter, and, if possible, to act with that committee, but at the same time with a firmness which becomes this house. I will not consent that the Crown shall have the power of calling peers to this house by the mere exercise of the prerogative, or that we shall be denied t ie right of discussing and deliberating upon the manner in which the power of the Crown has been applied in the exercise of its prerogative. I will not consent that we should deprive ourselves, by our own act, of that which is essential to every legislative body—namely, the power of being the judges of our own privileges, and the interpre• ters of the laws which regulate the rights of those who have the honour of a seat in your lordships' house. The Duke of ARGYLL believed the house would not object to a moderate use of the prerogative, but they did object to it simply because they feared it might be abused on some future occasion—a principle upon which if they were to act at all times any exercise of prerogative would be objected to. He thought the danger of swamping the house by the creation of hereditary peers quite as great as from life peers, and quoted a passage from Lord Brougham's History of 1832 in support of the view. Lord BROUGHAM vindicated his conduct in 1832, and declared that life peerages were inexpedient, and incompatible to the safety of the Constitution. Their lordships then divided : Not content .. Majority .. .. 53 .. -26 Not content Majority .. Gross Majority .. 33 The motion was accordingly carried. The house adjourned at a quarter before three o'clock. .. 52 POPPIPPRIPRINNIMWmgmwm.'...www.w , ....www COUNTY AND BOROUGH POLICE. Sir G. UREY, on Thursday, moved forleave to bring in a bill to render more efficient the police force in England and Wales. By this measure it was not in. tended to take the management of the c bunty and borough police out of the hands in which it was at present placed, but to make compulsory the present permissive power under which justices of counties could appoint an efficient police force ; and, further, to assign to the Queen in Council the division of caanties into districts for police purposes. The Crown would also take power to appoint inspectors, who would report to the Crown as to the state of the police throughout the country. He also proposed to authorise the Treasury, on the reports of the inspec tors as to the efficiency of the police in counties and boroughs, to issue sums not exceeding one fourth of the pay and clothing of the police in any county or borough, not to be charged upon the consolidated fund, but to be annually voted by Parliament. With respect to the smaller boroughs, he did not propose to compel their consolidation with the counties; but, by way of encouraging such amalgamation, he pro posed to issue no g ran t t o an y b oroug h with a popu lation which (lid not exceed 5,000. The sum of 200,0001., he believed, would more than cover the charge under the bill. A measure for the same ob ject, he said, would be introduced by the Lord Advocate for Scotland. Sir J. PARINGTO; entertained a doubt as to whether the proposed allowance would be sufficient to secure an efficient police. He approved highly of the application of the compulsory principle to counties, and thought the same principle should be applied to boroughs. He thought also that, as re garded the force to be kept up, a minimum should be fired. Mr. Christopher Nisbet, Mr. Deedes, Mr. Rice, Mr. Buck, Lord Lovaine, Mr Robert Palmer, and other hon. members expressed a general approval of THE PRESS. the measure, and leave was given to bring in the bill, fixing the second reading for Monday. The bill passed through committee on Thursday. CHURCH RATES. Sir GEORGE GREY stated on Monday that the Government hoped to bring in a bill this session upon Church rates. Mr. PACKE, on Tuesday, moved for leave to bring in a bill to abolish Church rates, except for certain specified purposes, making provision for the mainte nance of the fabric and necessary fittings of parish churches, enabling persons to redeem their liability to Church rates, and otherwise amending the law respecting the assessment, levy, and collection of the rate throughout England and Wales. After remarking upon some previous attempts at legislation on this important subject, the hon member described the provisions of his present measure. The bill contained fourteen clauses. The church rate hitherto required for the performance of Divine Service was to be wholly abolished, and all dissenters, as well as occu piers of rateable property, were to be exempted from paying the rate, which was to fall on the owners, these also being allowed to redeem their liability on the payment of a reasonable sum, and to enact that the recovery and levying of the rate should in all respects assimilate to the poor rate. Sir W. CLAY, while assenting to the motion, inti mated his own intention of shortly bringing in a bill for the total abolition of the rate. ECCLESIASTICAL COURTS. Lord PALMERSTON stated on Tuesday, in reply to Mr. Phillimore, that thrt Government during the present session would introduce a measure for the reform of the Ecclesiastical Courts. Mr COLLIER, on Thursday, moved to reintroduce a bill for transferring the testamentary jurisdiction of the ecclesiastical courts to the superior courts of common law and to the county courts. He believed this measure would be found the most effective. He pro posed at present only to deal with the testamentary portion of the authority of these 372 courts, but, if his hill passed, he would in time take up the other portions of the question. He proposed that every uncontested will should he proved in the county court where the testator dwelt (thus getting rid of the rule of bona notabilia), and that it should not be necessary to employ a proctor or an attorney, but that any man might go to the registrar's office and prove the will at once, without expense ; that where the property was under 300/. the county court should decide every dispute raised upon the will ; and that where the properly exceeded 300/. the superior courts of common law should determine all questions re lating to the validity of wills of personal as well as real property, the Court of Chancery retaining its jurisdiction over executors and trustees. Mr. HADFIELD seconded the motion. Mr. G. BUTT thought it too crude. The SOLICITOR-GENERAL said that he should be sorry to offer any opposition, but that the Govern ment had determined to bring in a bill this session for the entire and utter abolition of ecclesiastical jurisdiction. Mr. KEATING hoped the jurisdiction would not be transferred by Government to the Court of Chan cery. Mr. MALINS advocated a court of exclusive juris diction—a court of probate. After some further discussion leave was given to bring in the bill. LOCAL DUES UPON SHIPPING. Mr. LOWE, on Monday, in a committee of the whole house, moved for leave to bring in a bill for the abolition of passing tolls, and the better regula tion of local dues upon shipping. Alluding to the various changes made of late years in the navigation law-, Mr. Lowe proceeded to explain the unjust and capricious nature of these passing tolls, levied upon ships whether they entered a port or not, and to point out that the funds thus obtained were in many instances appropriated to objects entirely uncon nected with the shipping interest. The settlement of the question he admitted was extremely compli• cated, from the outstanding rights vested in local mortagees, corporations, charities, the brethren of the Trinity-house, and other bodies; hut be propo , s to deal with the question in the following manner : The passing tolls, which rested upon no ground of justice or policy, it was intended to abolish, making provision for the discharge of debt incnrred upon the security of the tolls. It was proposed likewise to give powers to do away with a portion of the town dues, trans ferring the remainder to the Government, respecting the rights of creditors, but apportioning the debt between the dues retained and the municipal funds. The charity dues it was intended to deal with in an analogous manner, abolishing some and administering the rest through the instrumentality of the Government. Other dues will be dealt with in a special manner, compensations being given in certain cases of abolition. The result would be an ulti mate relief of shipping from a burden of about '200,0001., and at the same time the getting rid of the obnoxious principle of allowing one portion of the community to tax another. SATURDAY, Mr. HEAradat protested against arbitrarily depriv ing corporate bodies of their property without com pensation. Although he would be glad to see the shipping relieved from taxation, he should most un hesitatingly oppose the present bill. Mr. HORSFALL thought that there was a prelimi. nary question, whether the corporations had not (as he contended they had) a legal title to these dues. This question should be settled in a court of law. After a few observations from Mr. M. Gibson, Mr. Liddell, Mr. W. S. Lindsay, Mr. Watson, and Mr. Lowe, in reply, leave was given to bring in the bill. NAVAL ADMINISTRATION. Captain SCORELI, on Thursday, moved for the ap pointment of a select committee to inquire into the system of naval administration—of patronage, of promotions, retirements, and the general efficiency of the service. In a speech of some length the lion. and gallant member complained that patronage was still the bane of the service, and that favoritism pre vailed to an incredible extent, to the deterioration of the best interests and efficiency of the navy. He condemned the policy ot' placing a civilian at the head of the Board, pointed out the subjects which a committee should investigate, and left the matter in the hands of the house. Admiral WALcoT supported the motion, and urged that the naval administration required the same investigation which had been applied to the military and civil service. Sir C. Noon resisted the motion. He denied that any practical evil had been shown to exist sufficient to justify the appointment of a select committee. Political bias had never influeniied him in any single appointment or promotion. Nine-tenths of the Ad • miralty duty might as easily be done by a civilian as by a professional man. He believed the present state of the navy was the best test of the system. Captain BoLDERo supported the motion. Mr. LINDSAY enforced the necessity of inquiry, and supported the motion. Mr. BASS commented upon the totally irrespon sible character of the authority wielded by the Admiralty in respect to naval appointments and pro motions. Sir F. BARING, on his own behalf as a former First Lord, denied that he had appointed officers in the navy on any other principle than the advance ment of the public service. Sir C. NAPIER controverted the defences presented by the existing or former Lords of the Admiralty on different points, and reiterated the charge that patronage was wielded either- capriciously, or in sub servience to political influences. He then diverged into the history of the Baltic naval campaign of 1854, maintaining that gross mismanagement was exhi•• bited in sending the fleet to sea manned for the most part with landsmen, who knew nothing of their business. Mr. B. OSBORNE explained some of the charges brought forward against the Admiralty, and exhorted the house not to tamper with the navy. Captain SCODEI.I. having briefly replied, the house divided. For the motion, 80; against, 171. Ma jority against, 01. PUBLIC INCOME AND EXPENDITURE. Mr. W. WILLIAMS, on Tuesday, moved for an account of the public income and expenditure, urging many complaints against the Government—particu larly with respect to the management of the Crown estates—who, he declared, withheld a multitude of details respecting various charges incurred in the collection of the revenue. After some explanations from Mr. Wilson, fol lowed by a few remarks from Sir H. Willoughby and the Chancellor of the Exchequer, the motion was withdrawn. THE BANK OF ENGLAND. The CHAN C ELLOR of the EXCHEQUER, on Tuesday, in reply to Mr. Glyn, stated that the Government had no present intention either of interfering with the existing privileges of the Bank of England, or of instituting an inquiry into the effect of the acts under which the Bank exercised its important func tions in relation to the monetary system and circu lating medium of the country. Submitting that a time of war was the least fit for the commencement of such an investigation, he thought it undesirable that any parliamentary inquiry should take place this session, though no opposition would be offered by the Government to any independent motion for a com mittee of inquiry, should the house consider that step expedient. THE ELECTIVE FRANCHISE. Major REED, on Thursday, gave notice that he should ask permission on an early day to introduce a bill for conferring the elective franchise on persons assessed to the income tax, not being aliens or entitled by other qualification to vote. ST. JAMES'S-PARK. - - Sir GEORGE GREY stated on Monday, with respect to the road through St. James's-park, that two plans, with estimates, had been prepared, and that Govern ment intended to move the appointment of a com mittee to whom the question might be referred. 111 I