The Sun. — London, England, 1859-07-13 00:00:00

IMPERIAL PARLIAMENT. HOUSE OF LORDS—(YESTERDAY). The LORD CHANCELLOB. took his seat on the woolsack at 6 o'clock. ITALIAN AFFAIRS. Lord BROUGHAM asked the noble earl (Granville) if the blessed boon (laughter)—he hoped he might call it— pmee, was likely to be obtained. He heard that the pre liminaries had been arranged. Earl GRANVILLE thought it would be better to wait till the house was fuller. TREATY OF PEACE BETWEEN FRANCE AND AUSTRIA. Lord WODEHOUSE said he would now communi cate the important intelligence that had been received by her Majesty's Government this afternoon. It was, that peace had been signed by the Emperor of Austria and the Emperor of the French. The following was the telegram : " VALEGGIO, JULY 11. " THE EMPEROR TO THE EMPRESS. Peace is signed between the Emperor of Austria and " The bases of the peace are— " Italian confederation under the honorary presidency o the Pope. - "The Emperor of Austria cedes the kingdom of Lom bardy to the Emperor of France, who transfers it to the King of Sardinia. "The Emperor of Austria preserves Venice, but she remains an integral part of the Italian Confederation." Lord LYNDHURST—Did I hear the word correctly. Is the word honorary used ? Lord WODEHOUSE—Yes ; honorary presidency. Lord NORMANBY said, when his noble friend the Earl of Malmesbury moved on Thursday next for the produc tion of Count Cavour's despatches, he should move for an other paper, viz., the despatch of Lord John Russell to Sir James Hudson in reference to the .claims of the Sardinian Government to the appropriation of the:duchies of Parma and Modena. PRIVATE BUSINESS. The following bills were read a second time :—The Hereford and Brecon Railway, and Wansbeck Railway. THIRD READINGS. The following bills were read a third time and passed : Pneumatic Despatch Company, Dundee and Newtyle Railway, Salford Borough, Caterham Railway, Forth and Clyde Navigation, and Maybole and Girvan Railway. A discussion arose upon the Birkenhead and Lancashire and Cheshire Railway Bill, but it was eventually read a third time and passed. SALE OF GAS BILL. This bill passed through committee, and was reported without amendments. IRISH LAW COURTS. The Marquis of CLANRICARDE moved for certain returns relative to the court of law in Ireland, and the number of writs issued for trial by nisi pries in each court from Jan. 1, 1858, to Jan. 1, 1859.—Ordered. NEW SOUTH WALES. The Earl of CARNARVON asked whether it was the intention of the Government to introduce during the pre sent session, any measure for the partition of the debt of the colonies of New South Wales and Queensland ? The Duke of NEWCASTLE said he did not propose to introduce any measure on the subject here, but to leave the matter to be settled in the colony. COURT OF CHANCERY. Lord LYNDHURST then rose to move for the appoint ment of a select committee to inquiro into the mode of tak ing evidence in the Court of Chancery, and its effects. He said—The question to which I wish to call your lordships' attention is of very considerable importance. I shall endea vour, however, with reference to the statement I am about to make, not to use an unnecessary word. My noble and learned friends around me will be able to supply my omis sions, and also to correct any errors into which I may unin tentionally fall. In the administration of justice the first step is to ascertain the facts, and then to apply the law. The machinery.for the purpose of ascertaining the facts ought to be such as is well calculated to elicit the truth, and to per form that cheaply and at a convenient time. That is very well and very satisfactorily accomplished in the courts of common. law. When the parties are at issue they attend be fore' a tribunal with their witnesses, and the witnesses are examined - and cross-examined in the presence of the tribu nal. The observations of counsel are made upon the case, either to the court or the jury, as the case may be, and while the impression of the evidence is fresh upon their minds they come to a determination. The result to the par ties iaL s to make an allusion to a subject of a different de scription—eita morn aut victoria Zeta. Now, with respect to the Court of Chancery, I am sorry to say that at one time the course which it pursued was directly the reverse. That Court, unfortunately, proceeded according to the forms of the civil law, which were not calculated to elicit the troth, and certainly not calculated to elicit the truth either in a convenient time or at a moderate expense. When I left that Court the course of proceedings was this—they adminis tered written interrogatories to the witnessesa and cross-in terrogatories at the same time. The cross-interrogatories were drawn up before the answers were given. The original interrogatories, therefore, for the purpose of cross-exami nation were wholly inefficient Various attempts have been made to alter that proceeding, and though these at tempts have generally failed, I think they failed because they were not sufficiently extensive. They were attempts merely to patch up the system. The last attempt of that kind was made in 1854 by a commission that sat for that purpose. They suggested many alterations, and among others that alteration in the course of proceeding to which I am about to advert. But, my lords, they recommended it merely as an experiment, as a thing to be tried—" ten tative " is the expression made use of. Five years have elapsed since that alteration was made, and I am told by practitioners in the Court of Chancery that the experiment has amounted to an entire failure. Previously to the com mission to which I refer the mode of examination was this :--s-The witnesses were examined and cross-examined orally before examiners. That led to considerable expense, and one objection, but the main objection, was this—and my noble and learned friends must feel the importance of it —that the evidence was taken by me set of persons and the case was to be decided by another set, who had no oppor tunity of seeing the witnesses or judging of the correctness of their testimony by their demeanour. Then the exami nation was by affidavit, and I appeal to my noble and learned friends around me whether that is not the worst mode that could possibly be established. Many of your lordships who are not accustomed to the course of proceed ing in courts of justice may not be aware of the manner in which these affidavits are framed. The solicitor, or the clerk of the solicitor, goes to a witness, who is a willing witness, and puts to him leading questions for the purpose of drawing out those facts that are serviceable to the cause of his client, but he does not put a single question that may tend to elicit a fact that may be disadvantageous to his client. When this is done, the process, which is called by the profession " cooking the affidavit," begins. The soli citor draws the affidavit in the most artificial form. He points and extends all the material facts in favour of his client, and every word that may possibly be of disadvan tage to his client is avoided. I have not exaggerated in the slightest degree, my lords, in the statement which I have made. I have conversed with prac titioners who know this so well that they quite laugh at any doubt being entertained with respect to the course of proceeding. The case does not stop here. The solicitor who draws the affidavit is generally a very acute practi tioner, and understands his business perfectly well ; but he is not satisfied with his draught. He thinks it must be touched up by a more experienced and more dexterous hand, and takes it to counsel to settle it, as it is called. My noble and learned friend on the woolsack, who has a great deal of experience in the courts of common law, will, I think, be able to carry back his recollection to the time of Lord Ellen borough. If any person, in the time of Lord Ellenborough, in a court of common law, said a word about counsel settling an affidavit, the learned judge would have immediately burst out and said, " What do you mean ? Counsel to be tampering with the evidence of the witnesses ?" So that no person in a court of common law would venture to talk of settling an affidavit by counsel. But this in the Court of Chancery is encouraged. The cost of settling is allowed in the taxation. It is sanctioned by the Court. What is the next step ? When the affidavit is perfected in the man ner I have stated, freed from all difficulty, " admirably drawn" as is the expression of counsel, the party attends, not before a judge, but before an officer who swears this affidavit. It is read over to him, and it is altered accord ing tfzo the circumstances. The witness is careless or atten tive, according to circumstances, while the affidavit is being read, and after it is read he signs it. Now what is the oath ? ‘ Is that your signature ?" " Yes." " Is the affidavit true r Yes." Is it satisfactory that an oath should be adminis tered in that form ? What is the form of oath upon the ex amination of witnesses ? " The evidence that you shall give shall be the truth." But in the case of an affidavit the only quetition is, " Are the contents of the oath true ?" Without any great stretch of conscience the Party swears that the contents are true, although the affidavit does not contain the whole truth. Now, this is the objection which I have to make to evid ence by affidavit. I appeal to my noble and learned friend on the woolsack, and to my noble, and learned friend on the cross benches, whether they do not admit the force of my objection. Then what is the next step ? The - affidavit is filed. Copies after copies of these affidavits have to be supplied. Your lordships will mark that I have beeh mentioning only one affidavit, but there may be 20 in a cause, and the course of each is the same. Now, my lords, I shall be told that, a remedy has been proposed for this, and I wish, to consider what that remedy is. The remedy of cross-examination. But first let me mention the fact that if I call a witness in a common law court I pay for that witness. If he is cross-ex amined by the adverse party I pay for their cross -examination. If the cross-examination should extend for a week I pay for the cross-examination, because it is m witness. - What is the case in the Court of Chance r y ? I f a witness make an affidavit and the other parties wish to cross-examine, they have to find the witness, bring him before the court, and attend the cross-examination. At whose expense ? The whole is at the expense of the cross •examiner. It is not at the expense of the party whose witness he is, an d this tends to prevent the exercise of the power to cross-exai nine. That is only part of the evil. If I am an unhappy joarty in a Chancery suit and want to exercise the power, I have to go to the examiner and say, " I want to cross - examin e such a witness." The exansiner says, "I must look at my book and see which is tha first open day," and having , , looked he says, " My first open day i s t wo mon th s hence. One of the examiners was asked by a member of the commis , mica on the 28th of February, " Look at your book and tell us which is your first open day." Th e answer was , n The 6th of May. Another examiner said, " My first open day is earlier—it is the 3d ar 4th of May." In both case is more than two months sifterwards., Perhaps the wit nc ■ 3 is not at home. Possibly he keeps out of the way, and cal= pt be subpoenaed to attend in time, The examiner has tb appoint another day, and two months more elapse. At last the witness attends, and when he attends this further frequently happens : the counsel are not ready ; the oppo site counsel is engaged in court in an important cause. The examination is again postponed for two months. "Does this happen frequently ?" the commissioners asked an exa miner. "Frequently," was the answer. "Does the delay sometimes extend over several months?" "Frequently, " was the answer. Some noble lord—l do not know whom— moved for a return upon this subject. I looked over that return, and I found in one year 264 non-attendances. But, suppose that at last the examination takes place. My noble and learned friend on the woolsack kng.ws pretty well what the course of cross-examination is in a common law court, and how prone counsel are to be discursive, even under the super i n t en di n g authority of the judge. What is the fact befofe an examiner ? If the examiner says, "Do you think this question material?" counsel replies, " Mate rial ! you have no jurisdiction to decide whether it is material or not; the act deprives you of any such jurisdiction." Thus the cross-examination goes rambling on from one irrelevant point to another, and your lordships may judge of the expense of the proceeding. Then as to the effectiof the examination. It is taken down narratively by the examiner—not question and answer. The Court does not see whether the witness answers the question or omits to do so. The evidence is taken in the same way as a judge takes evidence in trying a cause. Itis verywell for a learned judge to incorporate question and answer, because he sums up while the evidence is all fresh inhisrecollection. He can supply an omission. He can give the proper construction to a phrase. Nothing can beleft in doubt because that doubt can be supplied by his memory of what took place before him. But nothing of the kind occurs when the examination is handed over to another tribunal which is to decide upon the facts, and I am told by authority which I consider un impeachable that it not unfrequently happens that counsel employ shorthand writers to take down the evidence, notto lay before the Court, but for their own guidance, and that evidence, so taken, not unfrequently differs in essential particulars from the evidence taken by the examiner. But the main objection is that the Court has no means of judging of the demeanour of a witness, his hesitation, his fencing with the question, and the many other cir cumstances which tend to betray a witness who is not speaking the truth. Can your lordships be sur prised, after what I have stased—and I have not exagge rated anything—that parties are not willing to go through the process of cr oss-examination, considering it almost use less, very expensive, and very dilatory ? If you try what I have stated by all the tests which are possible, you will find that the whole proceeding is not calculated to elicit the truth, but directly the reverse, and that it is neither cheap nor expeditious. The propositions hitherto made apply to evidence in causes on hearing, but there is another 'branch of the Court of Chancery to which I wish to refer—viz., with regard to interlocutory motions. Questions of the ut most interest are decided by the Court on interlocutory mo tions. How does the Court proceed ? Entirely by affidavit. The party who makes the motion files an affidavit. The other party answers. Then there is an affidavit in reply. Then, perhaps, an affidavit in rejoinder, in rebutter or sur rebutter. There is no rule fixing the number of affidavits, and I am told that sometimes they are so numerous counsel have not time to read them through, but have to guess at the facts. The parties may be examined and cross-examined before the Court, as in the courts of common law, if the Court thinks proper • but it is the exception. It is not liked in the Court of Chancery. The practitioners of that Court are men of ex traordinary talent, but they are not accustomed to the examination of witnesses ; they are not handy at it. They put in a common law barrister to assist, but I am told that while these examinations go on the state of the Court is a nything but edifying. I refer to that for the mere ptuposti of saying that, although in one or two cases in the course of a session an examination takes place in the Court of Chancery, for the reason I have stated or some other rea son, it is an exception to the general practice and not the general rule. I began by stating, and I repeat it because it is essential, that the practice to which I have adverted arose out of the report of the commissioners of 1854 ; but the commissioners, in recommending the alteration, said, to use their language, " what we suggest is tentp.- tive, and we can come to no conclusion until the experi ment has been tried." For four years the experiment has actually been made, and the result is that which 'I have stated. A noble and learned friend of mine has asked me what I would suggest. I would suggest nothing, but I wish to have an inquiry by a committee or a commission, as I cannot tell what should be the remedy until 1 know the extent and nature of the evil. Now, my lords, the motion which stands in the paper in my name is for a select committee to inquire into this subject, but whether the inquiry takes place through that medium or by means of a commission, it is not for me to determine. That is a question which it rests with my noble and learned friend on the woolsack to pronounce a decision. The effect of intrusting the investigation to a committee is likely to be that it will be impossible to legislate on the subject during the present session, and that their labourg may not draw to a close until even late in the ensuing session ; whereas, if a coin • mission be grouted,. the inquiry may proceed without ipterrtiption,.and a bill introduced in the course of next session, providing a remedy for the evil to which I have drawn your lordships' attention. But, however that may be, my lords, my present motion is for the appointment of a select committee to inquire into the mode of taking evi dence in the Court of Chancery, and its effects, and to report thereon. (Cheers.) The LORD CHANCELLOR said that if his noble and learned friend would undertake to serve on a committee or a commission he should give to the a . , intment of either the one or the other a cordial support. :is noble and learned friend, in addition to his great statesmanlike and scholar like accomplishments, was profoundly versed in the history of common law procedure ; and, while nobody was more capable of pointing out the inconveniences and evils which resulted from the present system of taking evidence in the Court of Chancery, he must, he thought, admit that that system had within his own recollection been marvellously improved. He (the Lord Chancellor) remembered a period when bills in equity told the same story over and over again, and each time more obscurely than on the previous occasion. A similar prolixity distinguished the answers, but he was happy to be able to say that both the bills and answers which he had lately read were simple, reasonable,[ grammatical, and perspicuous. It could not, however, be denied that, so far as the examination of 'wit nesses was concerned, the present system of the Court of Chancery was imperfect. A proposal had been made for the appointment of an examiner, with the view of rendering it more efficient, but he felt obliged to confess that proposal had turned out to be a failure and for this reason, that no preliminary proceeding had been established with the view of ascertaining the points to which the examination was to be addressed. He had simply to say, in conclusion, that he hoped his noble and learned friend would lend his invalu able assistance to remedy the evils to which he had adverted. Lord CRANWORTH, while admitting that the present system of taking evidence in the Court of Chancery was in some respects open to objection, contended that it was in finitely improved compared with that which it had been some years ago. He was quite prepared to admit that the best course to be adopted in those cases in which there arose a born fide question of disputed facts was to summon the parties to be sent before the court for the purpose of giving oral evidence. He must, however, observe that in those instances in which such a question was to be investi gated, nothing could be more unsatisfactory than that it should be tried before an examiner and then reported to the Court, and nobody was more alive to the justice of that statement than were the examiners themselves. He entirely approved of a motion for either a committee or a commis sion to inquire into the subject, in order that a remedy might, if possible, be applied to evils of which complaint was very justly made. Lord CHELMSFORD also concurred in thinking that nothing could be more unsatisfactory for the purpose of ascertaining the truth in cases of disputed facts than the mode in which witnesses were now examined in the Court of Chancery. One of the great inconveniences of the pre sent system was that no viva voce examination could in such - cases take place except at the discretion of the judge, and not even when he wished it, unless the parties to the suit also consented to the adoption of such a course. He thought a great mistake was made in continuing the exa miners at the time of passing the Act for the Amendment of Chancery Practice. His noble and learned friend had alluded to the great delays which existed in the examiner's office, and if the present system continued the staff must be increased. The examiner now was a mere cipher. He had no power to check an irrelevant question, but was compelled to take down everything upon his notes. The pre sent system was objectionable not only from the inconve nience and delay to which it gave rise, but still more be cause of its unsatisfactory and imperfect character as a means of ascertaining the truth. The written examina tion was all that the judges had before them to arrive at a conclusion. Now, upon paper all witnesses looked alike, and how great, as his noble and learned friend had said, was the advantage in having witnesses before the judge, so that he might distinguish between the unwilling, the false, and the truthful. The equity judges had shown great reluctance in hearing viva voce evidence, and during the time he was Chancellor he believed there were onlythree in stances in which this course was taken. He had introduced a bill which had passed into law, by which the judges of the courts of equity, instead of being compelled to send contested questions of fact before courts of law, were themselves em powered to try those questions with the intervention of a jury. He was sorry, however, that there seemed to be great unwillingness on the part of the judges in equity to adopt that which was ,intended, to be a great advantage to _the suitor in order to prevent his being driven about from court to court to obtain justice. His objection to the motion of his noble and learned friend was, that he appeared disposed to occupy time unnecessarily by inquiry, whereas the vice of the system was perfectly well known already, and the remedy was obvious. What was wanted was a bill by which, in questions where disputed facts were really in-. volved, the parties might at once examine the witnesses in open court, and so the facts might be ascertained. Such a measure, it seemed to be thought, would lead to increased expense, but he did not think so, for it should be remem bered that the evidence, which was now rendered more voluminous by the want of power and authority in the ex aminers, would be considerably reduced in length by ex amination in open court. Lord BROUGHAM said that all were agreed as to the extent of the evil and the necessity for a remedy, but he differed from his noble and learned friend (Lord Chelms ford) in thinking the remedy to be an obvious one. The great difficulty was that proceedings in equity gave rise, not to one or two issues, but to a great number of assertions made on Ow one hand, and denied on the other. How were these to be reduced into such a narrow compass that a jury could be empanelled to try them He did not despair of making such an arrangement, but he was byno means confident that it was possible, and that if made it might not lead to expense, to complication, and to delay. This was why he wanted in quiry, in order to ascertain the opinion of counsel, solicitors and judges on the subject. He was not t•o sanguine as to suppose it po s sible to introduce viva voce e vidence a nd trial by Jury universally, but he had no doubt that the result of the investigation, which in his opinion would be carried on by commission better than by committee, would 131 to intro d uce some satisfactory improvement upon the present system. After a few words from Lord WENSLEYDALE , The motion for the appointment of a select committee was withdrawn, and it was resolved instead " that a humble address be presented to her Majesty, praying that her Ma jesty will be graciously pleased to issue a commission to in quire into the mode of taking evidence in the Court of Chancery and its effects, and to report thereon." SCOT T I SR UNIVERSITIES. The Earl of AIRLIE asked her Majesty's Government, whether, after the report of the Commissioners appointed under the Act of 21st and 22d Vic., cap. 83, " Universities (Scotland) Act," on the petitions which were referred to them on the 4th instant against their ordinance of 12th March, 1859, shall have been submitted to her Majesty in council, such deport would be communicated to Parliament before her Majesty shall have signified her final approval or disapproval of the ordinances of March 12, 1859. If the report of the commissioners was unfavourable, they wished, before the report was acted on, to havet.n opportu nity of fully stating their case to the Government. Earl GR.ANVILLE regretted that he could not give any definite reply to the question. The reportltras still der the consideration of the commissioners, and of course had not yet been communicated to the Government, whose desire it was to act in the fairest manner towards all per sons concerned. . . The Bishop of OXFORD presented several petitions against any alteration of the law of marriage. Their lordships adjourned at ten minutes past seven o'clock. HOUSE OF COMMONS.-(YESTERDAY.) The SPEAKER took the chair at four - o'clock. The SPEAKER took the chair at four o'clock. NEW MEMBERS. Mr. MILNER GIBSON took the oaths and his seat for Ashton; Mr. VILLIERS, for Wolverhampton; and Mr. Sergeant DEASEY, for the countyof Cork, on their re-elec tions, rendered necessary by their respective acceptance of office under Government. ATLANTIC TELEGRAPH COMPANY (No. 2 BILL). On the motion for the consideration of the Lords' amendments to this bill, Lord DUNCAN said that the present bill was very much like that which had been recently discussed, and he rose for the purpose of asking some explanation either from the Chairman of Committees or the President of the Board of Trade with reference to the 15th clause of this bill, which was one of the most extraordinary description. By that clause power was given to the Treasury and the company from time to time to modify, rescind, or entirely alter any agreement or ar rangements at present in force or which might be made in ' future. It was also proposed to confer other powers that would virtually do away with all authority of the House of Commdns, in reference to subjects like the present. He wanted information, therefore, as to the exact powers that were to be taken by the commissioners under the provisions of this bill ; and he suggested that in cases where the public money was voted, the proceedings should be by public and not by private bill. Mr. LAING said that the object of this bill was to en able the Government to carry out the arrangements agreed to by their predecessors previous to this (the present Go vernment) assuming office. By this bill they were to guarantee per cent. on a capital of £600,000, but this arrangement was to come into operation only on the condition if the \ suttees of the undertaking The whole amount of the guarantee was £48,000 a year. He did not think it necessary to go into the details of the agreement which was entered into by the late Government; he would merely observe that the bill was open to the same objection as the Telegraph Bill before the house last night, as it was merely conditional. A bargain had been entered into on the good faith of the Government, and he trusted that such being the case, and considering the de cision on the clause last night, he hoped this bill would not receive any further opposition. The guarantee would last only so long as the cable was in working order, and any surplus beyond the 8 per cent. must be returned to the Government on account of the guarantee. Sir J. GRAHAM said that this bill certainly differed materially from the bill discussed last night, forit proposed merely a conditional guarantee for a period of not more than five years. He objected, however, strongly to the loose manner in which these guarantees had been entered into. (Hear.) He considered these guarantees should be entrusted to some money Minister, who would furnish the house with the necessary explanation in reference to the same. He did not mean to say with regard to the bill before hon. members the preceding evening that the ordi nary forins of the house had not been complied with ; on the contrary, he believed these forms had been strictly adhered to in the progress of the bill, and that no error whatever had been committed in that respect. The money clauses in the bill of last night had entirely been printed in italics, but still, as there were not more than 12 or 15 of these private bills printed, unless the greatest vigilance were exercised it was most probable they would escape attention. He hoped that for the future new Jules and regulations would be agreed to, by which contracts like those under discussion should be submitted to the more careful consideration of the house. (Hear.) Lord J. MANNERS said that these agreements were most carefully considered by the late Government in their corporate capacity, and were calculated to conduce to the public interest. He wished, therefore, to protest against the statement made with reference to this agreement. Ultimately the Lords' amendments were agreed to, and ordered for third reading. PRIVATE BUSINESS. The Lards' amendment; to the Border Union (North British) Railways were considered and agreed to ; and the Ringwood, Christchurch, and Bournemouth Railway Bill was read the third time and passed. The following bills were considered and ordered for third reading : Blackburn and Preston Road and Bridge ; Bradford, Wakefield, and Leeds Railway; Colne Valley and Halstead Railway ; Metropolitan Railway (Deviations, &c.) ; Tendring Hundred Railway ; and Wells and Faken ham Railway. GREVES' DISABILITIES BILL. On the motion for the second reading of this bill, intro duced by thp Rev. Mr. Greves, a clergyman of the Church of Scotland, to enable him to accept a benefice in the Church of England, Sir A. AGNEW opposed the bill. Mr. GEORGE said it appeared that Mr. Greves had incurred the censure of his bishop, and strongly objeCted to the bill, which he moved should be read a second time that day three months. Mr. S. EST COURT considered that they should not make an exception in the case of Mr. Greves, as that gen tleman had incurred a heavy expense in bringing the mat ter before the house. Mr. BRIGHT said that he would object to any propo sition for referring this matter to a select committee of the House of Commons. He thought the best course to pur sue would be to pass this bill, and if there was any feeling in reference to such they might alter the law. After some observations by Mr.-Nowdegate, Lord J. Manners, Mr. Roebuck, and Sir G. Grey, Lord PALMERSTON said he had a great objection to private bills like the present, and he would vote against the second reading. The house divided, and the numbers were— For the amendment Against it B4 Majority l4B The bill was accordingly lost. CONSULAR SERVICE. Mr. S. FITZGERALD moved for a copy of a report made to the late Secretary of State for Foreign Affairs by Sir Stafford Northcote, Mr. G. A. Hamilton, Sir Emerson Tennent, Mr. Farrer, and Mr. Seymour Fitz Gerald, with the appendices annexed thereto, with reference to a plan proposed by Mr. Murray with regard to consular fees, and the payment of the consular service. TREATY OF PEACE BETWEEN FRANCE AND AUSTRIA. Mr. DISRAELI said, that considering the state of public feeling in the country, he hoped the Government would inform the house whether the interview between the Emperor of the French and the Emperor of. Austria announced yesterday had taken place, and also what were the chances of peace being established. Lord J. RUSSELL said that information had been re ceived by the 'French Ambassador, to the effect that' a treaty of peace between the two Emperors had been signed yesterday. He had also received • a telegram from Lord Cowley, which confirmed that information. (Cheers.) The statements in circulation as to the Emperor of the French requiring the cession of Savoy, to indemnify him for the expenses of the war, were unfounded, and the Emperor of the French did not propose any extension of his territory. (Loud cheers.) Under these circumstances, he trusted the noble lord the member for Haddington would not press his motion at present. Lord ELCHO said he would comply with the request of the noble lord, but he reserved to himself the right of mak ing any explanations he might deem advisable. THE FEEJEE ISLANDS. Colonel SYKES asked the Secretary of State for Foreign Affairs whether the Government proposed to recommend the acceptance of the offer of the sovereignty of the Feejee Islands ; and if so, at• what additional cost to the Imperial Exchequer above the present outlay of above four millions per annum for colonial purposes. Lord J. RUSSELL said, in reply, that the acceptance of the sovereignty of these islands, had been very much pressed upon the Government by persons who were inte rested in the supply of cotton; and secondly, by those who had seen. the success of the missionaries in those islands. All he could say at present was, that the matter was under the consideration of Government. •Mr.. BRIGHT asked that, before the Government came to a decision, the subject should be brought under the con sideration of the house. CHURCH RATES BILL. Mr. GRIFFITH asked the Secretary of State for the Home Department whether he will be prepared to state the views and intentions of Government on the subject of church rates, on the second reading of the bill for the Abo - lition of Church Rates. Sir G. C. LEWIS said he was not aware that it was cus tomary to ask a member to make a statement with reference to a bill of which he had not charge ; but when the measure came before the house he hoped to be allowed to express his opinion regarding it. (Hear, hear.y BANKRUPTCY. BIL LS. Mr. MURRAY asked the Attorney General whether it was his intention to proceed this session with a bill brought before the Lords, intituled, "An Act to Amend the Law of Debtor and Creditor, Bankruptcy, Insolvency, and Execution ;" and what are his intentions in reference to the existing law of bankruptcy and its administration, and generally in reference to the law of debtor and creditor, and its amendment. The ATTORNEY-GENERAL said it was not the in tention of the Government to proceed with the bill, which had been brought from the House of Lords ; but it was the intention of the Government, as to the whole subject of debtor and creditor, which was in an unsatisfactory state, to give it their best attention during the recess, with the view of bringing in a bill in the next session. RELIGIOUS PROCESSIONS. Mr. SIDNEY HERBERT hoped his hon. friend (Sii A. Agnew) would not press the . motion, of which he had given notice, on this subject. A great change had been made during the year in respect to those processions, and such as he thought would remove objections from the minds of the most scrupulous and conscientious persons. There was at this time a feeling of great irritation in the lonian Islands, and he should be sorry to have that feeling aug mented by any discussion in that house. Since the time of the general order made by Lord Hill considerable alterations had been made, and soldiers were not now required to turn out and pay respect to processions of a religious character. He hoped this arrangement would be satisfactory, and that the hon. baronet would withdraw his motion. Sir A. AGNEW then postponed his motion till this day fortnight. MR. CHISHOLM ANSTEY. Mr. E. JAMES moved for copies of all correspondence, judge's notes, or other papers, on the following subjects, or any of them :-1. The resignation of the justiceship of the peace for Hong Kong by Mr. Thomas Chisholm Anstey, sent in to the local Government on the 13th day of May, 1858 ; 2, hia suspension on the 7th day of August, 1858, from the Attorney-Generalship of the colony of Hong Kong, and from the office of counsel to the Superintendency of Trade in China ; 3, the case of the " Queen v. Tarrant" for libel, tried at the November sessions (1858) of the Hong Kong Supreme Court (criminal side) ; 4, the charge of alleged complicity of Mr. Caldwell, justice of the peace, and Protector of Chinese at Hong Kong, with Hong Kong pirates; 5, the charges made- against the acting Colonial Secretary (Dr Bridges) with reference to the foregoing subjects, and also theopium farm monopoly; the charges made against the Lieutenant Governor of Hong Kong (Col. Caine) and his Chinese Comprador, with reference to ex tortion and bribe -taking, in the years 1846 and 1848 ; 7, the proceedings against Mr. May, Superintendent of Police at Hong Kong, Mr. Tarrant, Registrar of Deeds there, and the police court interpreter Tong Akou, and the dismissal of the police court interpreter Assam, for having severally given evidence against the4said parties, or any of them; 8, the Imperial regulations (if any) by which the several sus pensions or removals beforementioned were authorised. Mr, C. FO#TESCUE said the late Secretary of State for the Colonies felt himself justified in confirming the sus pension of Mr. Anstey by the Governor and Executive of Hong Kong, who acted on the report of the commission, and refused to furnish him with the grounds of their deci sion. The Secretary for the Colonies had sent out. a despatch on the subject, which no doubt would have been communicated to Mr. Anstey had he not left Hong Kong before it arrived. As to the charges brought by Mr. Anstey against Mr. Caldwell and other officials, the Government at Hong Kong and the Government at home were of opinion that the graver portion of them was disproved. There was no indisposition on the part of the present Secretary of State to produce any papers called for in the motion, except some which, from a sense of public duty, it would be necessary to withhold. If the hon. gentleman would withdraw his motion for the present, he (Mr. Fortescue) would, in. , a fortnight from this time, give him all - the papers that would be necessary. Mr. JAMES assented, and the motion was withdrawn. MUNICIPAL CORPORATIONS. Mr. HADFIELD obtained leave to bring in a bill to amend the law for the regulation of municipal corporations in England and FIRE ASSURANCE DUTY. Mr. H. SHERIDAN, on account of the shortness of the session, withdrew his motion for leave to bring in a bill to amend the law relative to the duty now chargeable on fire assurance. THE CIVIL SERVICE EXAMINATIONS. Mr. B. COCHRANE moved that an humble address be presented to her Majesty,praying that she will be graciously pleased to instruct the civil service examiners, that all per sons who entered any service or profession prior to the 21st day of May, 185.5, to which service or profession the present system of examinations is applicable, shall be con sidered eligible for promotion, without being subjected to any examination. The hon. gentleman said he had known so much hardship to have arisen from the severe manner in which these examinations were carried out, that he felt himself perfectly justified in making the motion to which he now asked the attention of the house. ' He could cite many cases by way of illustrating the complaint which he made. One of those was that of a young man who had entered as a temporary clerk three or four years before the Order in Council of 21st of May, 1855, and had now been put into competition with gentlemen who had had the advantage of recently leaving school. That gentleman, though not in efficient, had been compelled in consequence to leave the service, at a time when it was impossible for him to enter any other. There was another case of a gentleman, an officer who had conferred great services on the country, whose son had entered about nine years ago as temporary clerk. Last year he went up for the examination, when he found himself placed in competition with three or four others. In that examination he was defeated, and he was now out of the profession. In a third case, where a gentle man had entered as temporary clerk at the Admiralty in July, 1844, the pressure of business incident to the late war having kept him occupied at his office to a late hour of the evening, he had been deprived of all opportunity for study ing those subjects in which the commissioners required a candidate to be proficient. Thus in consequence of a sys tem having come into operation of which he never dreamed when he first entered the service, he was defeated at an examination in which he was expected to compete with young men fresh from their school, and had to glve up his employment. Now, he was well aware that it might be said that temporary clerks were not upon the es tablishment. That he quite admitted ; but if that was to be said at all, it ought to be said when these young men en tered the service, so that they might know what they had to look to in the employment - they had adopted. He would, however, for the sake of illustration, take the case of unpaid attaches. It could not be said that unpaid attaches were in the public service, yet they were exposed to a severe examination, and if they failed in that they reaped no good whatever for their pains. He knew one case of a gentleman who had been thus disappointed after seven or eight years' service. As regarded the examina tions themselves, they were in general unnecessarily severe, and in so great a degree was that the case, he was sure that not thirty members of that house could answer the ques tions. The consequence was that the answers of the candi dates were often extremely bad—so absurd, indeed, that it was hard to believe that they were seriously intended for answers to the questions. The hon. member then proceeded to give a great number of examples from the geographical examinations under the Civil Service Commission, in which such examples as these occur :—The Volga rose in Prussia and flowed past Exeter into the Mediterranean; Germany was situated on the shores of the Caspian Sea, &c. (Laugh ter.) But if these answers were absurd, the questions them selves were not less so. Among many examples of the kind stated by' the hon. gentleman was one to this effect :—" De scribe the geographical position of the following places : Italy, India, Inverary, Spain, Ireland, the Feejee Islands, and Samarcand." (Laughter.) The hon. gentleman next proceeded to give extracts from the examination necessary to be passed in order to be a constable in Ireland. One of these questions was to this effect :—" Describe the nature of, and discuss the principal political questions which have agitated Ireland during the last thirty years, and name the principal persoßes who took prominent parts in the agita tion of those questions." (Laughter.) Now, for himself he was doubtful whether the result of these examinations had turned out as satisfactory as was commonly supposed, though he was far from denying the utility of the principle. The hon. gentleman concluded by moving for the address. The motion having been seconded, The CHANCELLOR of the EXCHEQUER said the hon. gentleman had very ingeniously stated that the ob servations with which he introduced his motion did not bear upon the question; and yet that was just the posi tion of the, hon. gentleman's speech, wriich was most amusing to the house, as it contained the questions quoted from certain examinations which had taken place. Of late years they had been busy in compelling the universi ties to adopt examinations where they had not adopled them, and to push them to greater lengths where they had adopted them ; and if questions from these examinations, selected for the purpose, were quoted to the house, which had not had time to examine the matter in all its bearings, there might be' shown the same apparent want of judg ment on the part of the examiners as had been attempted to be shown in this case. The hon. gentleman had consi derably exaggerated the hardship or injustice which had happened to any one under the operation of this system ; for there had been almost an entire absence of proved com plaints on the subject of the tendency to overstrain the system which the hon. gentleman had imputed to the com missioners. The fact was, (that the system was in a transition state ; at present it was but an experiment with which they were progressing in the light of experience, and perhaps inconsistently, but still according to fixed rules, by which many of the great problems of government had been, settled to the satisfaction of the public. The hon. gentleman had certainly not shown sufficient reasons for the interference of the house, but the effect of such speeches as that which the hon. gentleman had delivered was directed far more against the examinations themselves than against the abuses which they were established to prevent. (Hear, hear.) The cases complained of by the hon. gentleman were the unpaid attaches and the temporary clerks, of both of whom examinations were required previous to their en- tering upon the permanent service; but in neither case did the hon. gentleman show any good reason for the interfer ence of the house. The civil service commissioners only acted in obedience to the Secretary of State, or to the orders in council passed by her Majesty on the advice of the Go vernment, and for which, therefore, the whole Government was responsible. They could not, therefore, ask her Ma jesty to instruct the civil service commissioners to disobey the orders of her own Secretary of State. Before anything of the kind was done there should be a complete inquiry ; but there was no prima facie grounds for a n i nqu i ry , as the instructions of Lord Clarendon, under which the com missioners still -acted, were not unreasonable. Lord Cla rendon was not in favoux of competitive examinations, but still he wished the examinations to be re a l. A s t o th e un paid attaches, many of them took the position merely in order to reside for a time in a foreign capital under favourable circumstances, and without the intention of ever entering upon the permanent service, and those who did enter upon the permanent service could not object to undergo some examination as a test of fitness. So with the temporary clerks; before entering upo the permanent ser vice, and becoming part of a succession in which they might get salaries of £5OO, £l,OOO, or £1,200 a-year, it was quite right that they should undergo an examination. As to the particular cases referred to, in which the hon. gentleman had declined to give the names, but had offered to give them privately, he would investigate them if the hon. gentleman would give him the names, and communicate the results of his inquiries to the hon. gentlenrin, who he thought would perhaps entertain a different opinion, when he had heard both sides, front that which he entertained now when he had received his impressions from rejected candidates. In conclusion, he would express the hope that the motion might be withdrawn. Mr. CLIFFORD said one great injustice was done by the present system, and which seemed to be inseparable from it. It might happen, on Monday, for instance, that there were three candidates, and that one would get 1,000 marks, a se cond 900, and a third 800 marks. Of course the prize would fall to the candidate with 1,000 marks. The next day, Tues- ' day, three other young men might be examined, the highest might obtain only 700 marks, and he would secure an ap pointment, while the two who received higher marks the previous day had the mortification of being "plucked" for want of ability. Lord PALMERSTON said this system of competitive examination was one which had been in operation some considerable, time. It had occupied his close attention, and he had no hesitation in saying that, though like all human arrangemOnts, it was liable to imperfections, yet it had bees found upon the whole to work with great advantage to the public service. It was true that it in some cases operated to shut out oung men who were peculiarly qualified to discharge the duties of the office for which they were competitors, in consequence of their not being able to answer questions which were not essential to the discharge of these duties. (Hear, hear.) It had been re presented that the civil service commissioners put questions which were open to the criticism which the hon. gentleqaan opposite had passed upon them—namely, that they were questions not necessarily required from the young men who presented themselves as candidates for particular appoint ments. The answer of the examiners to that statement was, he thought, a sufficient one. They said, " We have before us, for instance, four, five, or six young men, all equal in their knowledge of elementary education, and all apparently equally qualified for the appointment so far as that test is concerned, and therefore we add some other questions on other matters, in order to test the general pro ficiency and intelligence of those young men." But these supernumerary questions, as they may be called, are not questions on the failure to answer which the young men will be rejected—they are put in order to test general ac quirements, and it is only in cases where they fail to reply satisfactorily on elementary subjects that they are rejected. The consequence of this, however, was obviously enough to create misapprehension on the part of candidates them selves, as they and their friends might suppose that the re jection arose from inability to answer the redundant ques tions, while in reality the failure was on the elementary questions. He repeated, that though the system might have operated hardly upon some individuals, it had given a great stimulus to the general education of the country. Parents were induced to give their families higher schooling in order to enable them to compete for these appointments, and the consequence was and must continue to be to add largely to the general intelligence of the whole commu nity (Hear, hear.) With regard to the motion of the hon. gontlenian,,he hoped that it would not be pressed, be cause it was quite clear that those other young men who were appointed to temporary situations knew perfectly well the conditions on which they took them ; and so again, with respect to unpaid attaches, they knew that promotion in their profession was dependent upon their conduct and their proficiency in that profession, and it was not too much to ask, when they applied for promotion, that they should undergo such an examination as others were sub jected to previous to being appointed. For these reasons he hoped the inotion would be withdrawn. Mr. COCHRANE said he would withdraw his motion with this remark, that one benefit would be derived from the debate, namely, that it would now be clear that those ' who were appointed to temporary situations in the public service were, by its rules, totally precluded from promotion. The motion was then - withdrawn. ENDOWED SCHOOLS BILL. Mr. DILLWYN nominated the following as the mem bers of the Select Committee on the Endowed Schools Bill: —Mr. Dillwyn, Mr. Attorney-General, Lord Stanley, Sir J. Graham, Mr. Lowe, Sir H. Cairns, Sir S. Northcote, Mr. Puller, Sir T. E. Perry, Mr. Adderley, Lord R. Cecil, Sir J. Poking, ton, Mr: H. A. Bruce, Mr. G. W. Hope, and Mr. Baines.—Five to be the quorum. Col. DUNNE complained that Irish members had been almost excluded from the committee, and moved, as an amendment, that the name of Lord Naas be substituted for that of Mr. R. Lowe. Mr. DILLWYN said, in order 'to remove the objection, he would move that the inquiry be confined to the endowed schools of England and Wales. The ATTORNEY-GENERAL said the bill before the house only affected England and Wales, and did not extend to Ireland. Mr. LONGFIELD said the subject of endowed schools Was one of very great interest to Ireland, and, no doubt, whatever decision the committee came to as regarded Eng land would be subsequently applied to Ireland ; on that ac count he thought a fair proportion of Irish members ought to be placed upon it. Lord R. CECIL said the hon. gentleman's motion for a committee was confined exclusively to the Church of Eng land, and surely the Church of England was not the Church of Ireland. After some further discussion it was agreed that the com mittee, as then constituted, should pass, and that three hon. members for Ireland should be added to it. PACKET AND TELEGRAPH CONTRACTS. The CHANCELOR of the EXCHEQUER next moved that the select committee on Packet and Tele graphic Contracts do consist of 19 members :—Mr. Cobden, Sir Francis Baring, Sir Stafford Northcote, Lord John Manners, Mr. Corry, Sir Henry Willoughby, Mr. Schole field, Mr. Dunlop, Mr. Baxter, Mr. Leicester Vernon, Capt. Gladstone, Lord Naas, Mr. Hubbard, Mr. Hope, Mr. Wil son, Mr. Laing, Mr. Henry Herbert, Mr. Crawford, and Mr. Bazley : power to send for persons, papers, and re cords ; five to be the quorum. He could assure the house that he found it very difficult to constitute a committee, be cause it was necessary to have• members connected with various Governments upon it, and he hoped the house would therefoie allow him to nominate the large number of nineteen. They wanted a full illustration &the facts, and as searching an inquiry as it was possible to have. Mr. ROEBUCK said the question was a very important one, but it had degenerated in the hands of the Govern ment into a party contest. A very important principle lay at the bottom of this question, for Parliamentary . go vernment itself, great boon as it was, would be in vain, if that house were to be converted into an executive commit tee. He (Mr. Roebuck) wished to know whether the com mittee to be appointed would not only inquire into these contracts, but whether that inquiry was intended to extend further, and to call in question the conduct of Ministers themselves. That would be creating the House of Com mons an executive committee, which it was certainly not for. • Those virtuous gentlemen on the Ministerial benches had discovered all of a sudden that public morality de manded'the present inquiry • but he had thought that the right hon. gentleman the Chancellor of the Exchequer was one who would not, by any Act of his, damage the prin ciples of constitutional government. The course he was about to pursue would do it great injury. If it were di rected to bring responsibility on previous Governments, then he could understand it ; but the inquiry proposed to go into the conduct of the Governments themselves, and thus constituted the house an executive committee. The right hon. gentleman who sat beside the Chancellor of the Exchequer, the Secretary of State for the Home Depart ment, said the other night, that no determination or decision which any Government had gone into would be called in qtestion, but that was not the course pro posed by those virtuous gentlemen who sat near him on the Treasury bench who were_so pure themselves.— (A laugh.) Now, let them take the question of the contract for packet service from Galway to North America. He wished to know if that virtuous bench—(a laugh)—would call in question the conditions upon which that contract was entered into. If they did so, it would bring into disgrace the principle of all constitutional Governments. If they held up the principle that no contract was to be binding unless it received the sanction of that house, it would para lyse the action of the Government for the time being, and would do infinite mischief. Now let themtake, for example, the defences of the country. Money will be required for that purpose ; and will those who sit on the Treasury bench assert for a moment thatno money was to be expended until Parliament met, suppose it had been prorogued ? Then he wished to know from the right hon. gentleman whether this inquiry was to be limited to the mere acts of former Go vernments, or to their responsibility in pursuing a course not sanctioned by that house. Rhetoric was one thing, but a wise statesman would foresee the consequences of depart ing from principle, which the trumpery art of a dexterous rhetoric would not enable him to do. Mr. M'MAHON complained that only two Irish members were on the committee, while Scotland had three, and as a great feeling existed in the former country with regard to a packet station, he thought the right hon. gentleman onght to increase the number. The CHANCELLOR of the EXCHEQUER observed that it was the intention of the Government that the com mittee should question the acts, as distinguished from the conduct of previous Governments. He was not prepared to throw any limitation whatever to their duties with refer ence to the past or future, but he hoped they would preserve publielaith inviolate. With respect to the suggestion of the lion. and learned gentleman the member for the county of Wexford, he really could not comply with it. The number of Irish members was a just proportion and he could not alter it. The SPEAKER then proceeded to call over, in their order, the names of the members of the committee, and, when he uttered that - of Mr. Baxter, Mr. MAGUIRE said he objected to the name of that hyn. gentleman being retained upon the committee. The hon. gentleman had expressed opinions on the sub ject of the Galway line of communication, which he con sidered of a nature to render it undesirable that he should bo placed upon the committee. He therefore hoped the hon. member, from feelings of delicacy, would decline being appointed a member of it, and he should, for the rea sonshe had given, move that the name of Mr. Hennessey be substituted in the place of that of Mr. Baxter—a gontle man for whom he entertained the highest respect for his talent and bearing in that house, but to whose name he only objected in the present instance for the reasons he had given. The CHANCELLOR of the EXCHEQUER begged to remind the hon. gentleman he could only make one part of his proposed motion at one time. The question then was, that the name of Mr.. Baxter be omitted from the com mittee. Ho hoped his hon. friend (Mr. Ba*ter) would not withdraw hi name. (Hear.) Mi.. BAXTER was not aware that entertaining opinions upon mattei s of contract should operate to exclude any man from affording his best energies in inquiring into and carrying on any part of the business of the country. Mr. WHITESIDE did not think that the right hon. gentleman the Chancellor of the Exchequer had stated the reasons about the constitution of the committee in a satis factory manner. He (Mr. Whiteside) thought the names of four Irish members ought to be placed upon the com mittee. There was not one member from the west of Ireland on the committee, and he must say that that was not a just thing. (Hear, hear.) Mr. BRIGHT said it seemed to him, when he first saw the selection of the names, that the Chancellor of the Exchequer had made a great mistake. The least satisfac tory think connected with the house was the small amount of good which resulted from these committees, and there fore it was that he declined serving on them, as he con sidered it time and labour thrown away. He found the names of members of the late Government who would naturally go into the committee to justify the acts of that Government. The officials of any former Government, not the late one, would support the acts of the present Go vernment—(hear, hear)—and in that way the independent members would be overborne. (Hear, hear.) The Chan cellor of the Exchequer felt that the house would not justify his first list, and he had therefore added five more nau•es, making the number in all 19. He (Mr. Bright) thought that was another error, because the committee being so large would get into confusion, and end as such committees generally did. He would rub out, and have only so many officials as would serve to elucidate. Ihe members for Galway and for Liverpool ought not to be on such a committee, as the custom generally was for gentle men to take a particular view of their own interests, and to be swayed by their constituencies. He therefore thought official and local members should be excluded, as a com mittee could be formed of independent members well quali fied to decide upon the question. (Hear.) As to the hon. member for Montrose (Mr. Baxter), he was as well qualified as any member of that house to sit upon the committee. He possessed the average ability of hon. members. He had travelled in the United States more than once, and had written a very valuable book upon that country to which the packet service applied, and for these reasons he (Mr. Bright) would oppose the exclusion of Mr. Baxter from that committee. There was an opinion prevailing that there was something very like jobbing in these subsidies, and they should endeavour to make the report of the com mittee a valuable one. (Hear, hear.) The house then divided, u hen the numbers were— For the motion.... 135 Against it. • 34 Majority added to the com- Mr.. Baxter's name was accordingly mittee. On the SPEAKER reading the name of Mr. Wilson, Mr. HENNESEY moved that the name of Mr. Wilson should be omitted. After a few observations from Mr. HORSFALL and Mr. H. Herbert, who said he had no wish to servo himself, but thought the committee• would be imperfect without the name of Wilson, The house was cleared for a division, but none took place. Mr. MAGUIRE suggested that the subject should be adjourned till to-morrow. The CHANCELLOR of the EXCHEQUER could not see how the constitution of the committee could be im , proved, and therefore he hoped the ho\ gentleman would not press for an adjournment. Mr. SCULLY said it was possible to add names to the committee, and if they were not he should consider the committee a nullity. Mr. Laing and Mr. Henry Herbert were then added to the committee. On the motion that Mr. Crawford be appointed, Mr. VANCE objected on the gro un d that there were not a sufficient number of Irishmen on the committee. Lord PALMERSTON said hon. members seemed to forget that four members of the committee held office under the late Government. He thought the committee was very fairly constituted. - Mr. DISRAELI said the object of the house should be to have the committee formed of gentlemen unbiassed, and who would be likely to arrive at an impartial and just con clusion. He certainly thought Ireland was not sufficiently represented on the committee. (Hear.) He had voted for the name of Mr. Wilson, because he was a good business man. Although ho did not like large committees as a gene ral rule, yet he did not think a committee of 21 would be more unmanageable than a committee of 19. He thought one of the members for Dublin and 'sane member repre senting an important town in the west of Ireland should be placed upon the committee. (Hear, hear.) The CHANCELLOR of the EXCHEQUER suggested that the four members who were connected with the late Government might be reduced to two, and then two Irish members might be added. The - motion for adjournment was then withdrawn. Mr. Bazley was added to the committee. BOUNDARIES (IRELAND) BILL. Mr. CARDWELL moved for leave to bring in a bill to amend the act 20 and 21 Vie., c. 45, relating to the survey of boundaries in Ireland. Leave was given to bring in the bill. ORDERS OF THE DAY.—ADMIRALTY COURT BILL.• The house' then proceeded to the orders of the day. Mr. HADFIELD moved that the house go into commit tee on the Admiralty Court Bill. Mr. MALINS hOped the hon. and learned gentleman would not persevere in his motion at that time, as the bill ha I only been before the house a week. Mr. HADFIELI) refused to withdraw the motion, ob serving that the bill was read a second time last year, and that it had been introduced at the earliest possible period in the present session. The motion was then agreed to, and the house went into committee on the bin. On clause 1 Mr. MALINS said that while he did not object to the principle of throwing open the Admiralty Court to barris ters and solicitors, he did object to that being done without compensation to the gentlemen who at present practised in it. The principle of compensation had been adopted wader precisely similar circumstances in the arrangements rela tive to the Probate Court, and the Matrimonial and Divorce Court. There could be no reason why a proctor should have compensation for the loss of his practice in those courts, and yet be refused it for that which he had in the Admiralty Court. He moved that the Chairman report progress. The ATTORNEY-GENERAL said that in his judg ment the proctors had had compensation enough under the Matrimonial Probate Court Acts. The bill was brought in last session by the hon. member for Sheffield, but was in terrupted by the dissolution, and being now re-introduced by him, he was of opinion that it ought to be nc longer de layed. (Cheers.) The only object for delay, indeed, was to give those gentlemen time to get up petitions against it. (Hear, hear.) , Mr. , MOWBRAY said if compensation were made at all, however, he would suggest that it be made on the basis of the difference of income before and after the passing of the act. Were it so awarded, he had a strong conviction that it would amount to nothing. (Cheers.) The chive, which was the only one in the bill, was then agreed to, together with an addition to the effect that prac titioners in the court were to be subject to the authority of one of of the superior courts of law, or of the court itself. The house then resumed, and the bill, as amended was reported. ROMAN CATHOLIC RELIEF ACT AMENDMENT BILL, _ _______ _ On the order of the day for the second reading of this bill, Mr. NEWDEGATE moved as an amendment that the bill be read a second time that day three months. In the act of 1829, it was clearly intended that the Lord Chancel ship of Ireland should, like the Lord Chancellorship of England, be confined to persons professing the Protestant religion, and Sir R. Peelhad designedly reserved those high offices as securities against any Roman Catholic encroach ments. The Lord Chancellor was the constitutional ad viser of the Crown upon every matter whether constitutional or ecclesiastical, and the change was, therefore, a great and an important one even if no ecclesiastical patronage at • tached to the office. Sir B. BRIDGES seconded the amendment. Mr. CARDWELL was happy to give his support to what he conceived to be a just and righteous amendment of the law, because in the Catholic Relief Act they had every possible safeguard for the protection of the Protestant Church. Mr. WHITESIDE had heard this preposition made by Sir W. Somerville with surprise and regret that such a bad precedent should be set for thus dealing with the great act of 1829. He denied that it was by inadvertence that this clause found its way into that act. On the' contrary, he contended that it was intentionally inserted as a security to the Protestant Church, and he was surprised that the Go vernment should now support the present attempt to repeal it. The CHANCELLOR of the EXCHEQUER said he should support the bill with as clear a conscience as he ever had in any vote he had given in that house, and he regretted that Mr. Whiteside appeared less liberal on the ofposition side than he had shown himself when sitting on the Trea sury benches as a member of the Government. The only objections he had heard started against the bill should be dealt with in committee. Mr. WALPOLE supperted the views taken by Mr. Whiteside, whose arguments he considered unanswerable. Colonel DICKSON moved the adjournment of the debate. Lord PALMERSTON opposed the adjournment, and contended that the bill was in strict conformity with the spirit of the Act of 1829. - Mr. DISRAELI said the question was one of great dif ficulty and doubt, for no one seemed perfectly cognisant of all the various duties of the Lord Chancellor of Ireland. Under theso circumstances he thought they required addi tional information before proceeding further ; and he also thought that a measure of such importance should be brought in on the responsibility of the Government. He should like to see the subject referred to a select committee, and if the Government would consent to that course he would support the second reading. Sir G. C. LEWIS recommended Sir Wm. Somerville to accept the proposition of Mr. Disraeli, and have the bill re ferred to a select committee. Mr. STANHOP* - said he could not assent to the second reading of the bill._ Sir W. SOMERTILLE said he would accept the pro posal of the right hon. gentleman. Colonel DICKSON said that • since he had moved the adjournment a furper discuSsion had taken place, and he therefore did not new feel inclined to press the motion for the adjournment. Sir W. MILESIsaid he could not allow the motion for the adjournment to be withdrawn. Lora CLAUDE HAMILTON opposed the bill amid loud cries of " Divide, divide." The question of adjournment wgs then put, when the house divided, and the numbers were— • For the adjournment of the debate 142 Against •• 2lO Majority against the adjournment —6B Sir E. GROGAN said, as the propoed bill involved the repeal of the Act of 1829, he would move that the house should now adjourn. After a few words from Sir G. C. Lewis, Sir W. Som merville, and Sir W. Miles, Lord PALMERSTON said that he had supposed, when they had acceded to the suggestion to send the bill to a select committee, that further opposition was at an end as to the second reading. He suggested that the motion for the adjournment of the house should be withdrawn, when the debate could then be adjourned. Mr. H. HERBERT said he understood that the right hon. baronet had agreed to send the bill to a select com mittee, on the -round that the bill should be now re a d a second time. tear, hear, and No, no.) Mr. NEWD GATE said he would not be satisfied with such a measure being dealt with by a select committee. The motion for the adjournment of the house having been negatived, the debate was adjourned till Tuesday next. The report on supply was then brought up, and some bills having been advanced a stage, the house adjourned at two o'clock. THE NAVY. Her Majesty's steam yacht Victoria and Albert, Captain the Hon. J. Denman, left Portsmouth bar bour yesterday morning for her moorings off Osborne, to be in attendance upon her Majesty and the Court. The Neptune, 91, screw, Captain Sir W. Hoste, Bart., is expected to proceed to Spithead about the 17th inst. She is manning very successfully. The Fire Queen paddle-steamer, Master Com manding F. W. Paul, was undocked at Portsmouth yesterday. The Urgent screw troopship, Commander H. W. Hire, will move out of the steam basin at Portsmouth this morning to a berth in the harbour, where she will complete her outfit for further service. The Supply screw storeship, Master-Commander W. H. Balliston, sailed from Spithead early yester day morning for Woolwich. Spithead and St. Helen's Roads are at the pre sent time entirely denuded of shipping, not a single pendant of any description being in the range of sight outside Portsmouth harbour. The Austrian brig Splendido, Capt. G. Visin, from Singapore Feb. 2, and the Cape of Good Hope April 15, took refuge in Plymouth Sound on Saturday evening. She was bound with a valuable cargo of tin, Gambier pepper, cassia, hides, and rattans for Trieste, but when about to enter the Straits of Gib raltar some three weeks since, met a friendly Ame rican trader, the captain of which kindly informed her of the existence of the present war. It is stated that having left his port before the date of declara tion the ship and cargo would have been exempt under certain contingencies ; now that she has en tered a neutral port she is open to all liabilities should hostilities be commenced. Several Austrian merchant vessels which called for orders at Fal mouth remain there for refuge, but two of them, the barque Os c tit e l , C apt. Cetcovitch, and the brig Cet terina S., Capt. Medin, both from Havannah, have recently run the gauntlet, and are now discharging their cargoes of sugar in the Plymouth Great Western Docks. The hospital ship Belleisle, 6, from China, was towed into Plymounth Sound yesterday (Monday evening) by the paddlewheel steam. sloop Virago, 6, Commander M. B. Dunn, which was coming from Ireland with 180 supernumeraries. The barque Mezies, Capt. Jago, from Colombo, the 15th of April, for London, which arrived at Plymouth on Monday, reports that after being in company 36 hours she separated on Saturday night, at 10 o'clock, off Ushant, from a two-decked ship of war, apparently an old 74, bluff bowed, converted into a transport. She carried the white ensign, and appeared to have been on a distant voyage ; there were no soldiers on deck. The wind was light, from north-east, and on tacking the stranger bore away northwest under courses and royals. Mr. John S. Taylor has been appointed additional Master to the Fisgard. - THE A.RMY-- The dept of the 77th (East Middlesex) Regi ment, attached to the Ist batt a li on at C hatham, i s now so strong that it can furnish 300 non-commis sioned officers and men for service in India, which number is expected to embark for Calcutta during the present month. The strength of the 77th depot is about 700 men. The Ist Devon Militia are now assembled at Exeter for 21 days' drill and exercise, under com mand. of Lieut.-C o l . Davie, M.P. - The muster is large, , and the m en ex hibi t a prof i c i ency i n d r ill. The West Essex Yeomanry Regiment, com manded by M a j or G . Palmer, w ill assemble for a week's duty thi s year at Chelmsford. The day ap pointed for the muster is the 17th of September The Royal Carnarvou Militia assembled at Car narvon on Friday l as t for 21 days' training, under the command of Lieut.-Col. Macdonald. The various regiments of Middlesex militia will assemble during the present week for training and exercise. The 4th Royal South . Middlesex Regiment will assemble at Hounslow for 21 days' training on Friday next. The 2d Tower Hamlets Militia will assemble at the h e ad-quarters, Bethnal-green, thi s morning, for three weeks exercise. The Edm on t on Royal Middlesex Regiment of Rifles is to assembleat Barnet on Friday next for 21 days' t ra i n i ng. ' The Royal East Middlesex Militia are to assemble on Friday .at the head-quarters, Hampstead, for 21 days' traiping. The Royal London Militia will as semble fbr training on Friday morning at their bead-quarters, Artillery-ground, City-road. HEALTH OF LONDON DURING THE WEEK. (From the RegistraT-Generar s Report.) The London returns of mortality for the last three weeks exhibit a rapid increase. In the week ending the 2d of July the deaths were 1,024; last week they rose to 1,226, and exceeded the average (cor rected for increase of population) of the correspond ing weeks in ten previous years by 128. Diarrhcea, which numbered six cases in the first week of June rose to 132 in the first week of July. Nine of these occurred in the sub-district of St. John, Westmin ster. It should be observed, however, that the com plaint was as fatal at the same early period of the year 1857 and 1858. Besides the 132 deaths last week, there were 11 from summer cholera, all, ex cept two, among children. Small-pox was fatal in 24 cases, scarlatina in 38, diphtheria in nine. A widow died at the age of 95 years ; and a man formerly a private in the Scots Grey s, died in the Westminster Workhouse on the 2d inst., whose age is stated to have been 104 years. Two children died from the heat of the sun. Last week the births of 833 boys and 785 girls— in all 1,618 children—were registered in London. In the ten corresponding weeks of the years 1849- '5B the average number was 1,433. At the Royal Observatory, Greenwich, the mean height of the barometer in the week was 30.071 in.. The mean daily reading of the barometer was above 30 in. on every day after Sunday. The instrument rose from 29.94 in. on Sunday, to 30.20 in. on Tues day, being the lowest and highest readings in the week. The mean temperature of the week was 674 deg., which is 5.8 deg. above the average of the same week in 43 years (as determined by Mr. Glaisher). The mean daily temperature was above the average throughout the week. The thermometer in the shade rose to 84.5 deg. on Wednesday, and on the same day it rose in - the sun to 108 deg., both being the highest in the week. The lowest temperature was 52.9 deg. on Tuesday. The mean daily range was 254 deg. The mean temperature of the water of the Thames was 68.1 deg., which is 0.7 deg. higher than that of the air. On four days the wind blew from the south-west. Rain fell on Sunday to the amount of 0.20 in. In the 13 weeks ending Saturday, July 2, the mortality of London was comparatively low ; it was at the rate of 20 per thousand living, annually. In three out of the four corresponding quai ters of the years 1855-58 the deaths ranged from 14,000 to 15,000 ; in the quarter that has now terminated they were 13,724. The mean temperature of last quarter was 54.1 deg., which is nearly as high as that of the last year, and is higher than in any correspond ing period of the three preceding years. Deaths arising from diseases of the respiratory organs (ex clusive of phthisis) were decidedly low last quarter, for they numbered 1,974, while they were not less than 2,217 in any of the four corresponding quar ters ; and in 1855, when the temperature was low, they rose to 2,552. Phthisis carried off nearly 2,000 persons in the quarter ; this number is high, and exceeds the aggregate mortality of other pul monary complaints, which apparently are mitigated by causes that are not effectual in retarding the course of that most fatal disease in the list. The deaths produced by the zymotic class of diseases wgi,p 3,135, whereas in the same quar t er o f 1858 tug were 3,604 ; for, though smallpox and scarla tina have increased, measles, whooping-cough, and diarrhoea have shown a decrease. Smallpox was fatal chiefly in the east districts, where the deaths from it rose to 96. The district of Bethnal-green in that division suffered mast ; there were also many deaths from this disease in Hoxton and Hag gerstone. Of 173 cases in which diphtheria had a fatal issue, 159 occurred to young persons, 6 in the period of life 20-40 years, 4 at 40.60 years, and 4 at a more advanced age. The deaths from rheuma tism and rheumatic fever were 109, which is con siderably more than in' corresponding quarters. Those from syphilitic disease also exhibit an excess. In the two spring quarters of 1858-59, both seasons of high temperature, disease of the kidneys was registered as the cause of death more frequently then in three former springs. COUNTRY MA:R:K.RTB. LIVERPOOL —JULY 12., , Our market opened exceedingly dull this morning, but a good number of buyers making their appearance, a better tone was established, and, notwithstanding the depression in Mark-lane yesterday, holders were enabled to obtain an advance of id per cental on French wheats, over the rates of Friday. Flour had only a very slow sale at Friday's 'eduction. Indian corn attracted a very fair inquiry, et full prices. Oats and oatmeal little dealt in. Egyptian beans were a shade easier. Peas and barley nominally changed. LEEDS—Jumt 12. Supplies of wheat are good, and the weather all that could be desired for the growing crop ; we have, in consc?" , quence, a very slow market, and the little business done 1 , 5 at a decline of 2s per qr f rom F r id ay l ast. Barley nominal'- Beans and other articles in very limited demand, at former rates. t 4 Averages for the week : Wheat 3,702 qrs., at 47s 101 Beans 22 ~ ........47s 6.1 Barley l5 „ 3ls 6d Peas •• • • 19 -s 01 Oats 64 7 / 2ss 61 Rye Arrivals this week : Wheat 3,017 qrs. Barley • ' Oats . Peas ......... Rapeseed - Beans Linseed 325 NORWICH CATTLE—JULY. 9. A small show of store beasts to .clay, comprising Scots an shorthorns,. and Irish. Sales were restricted, and we had a poor attendance. Scots, 4s to 4s 6d ; shorthorns, 3s 6d to 4s 6d ; Irish, 3s to 3s 6d. Fat beasts, 7s 6d to 8s Od per stone. Sheep—The pens were well filled. —Fat sheep, 7s ad to 8s 6d per stone, and all sold. Pigs—A good supply. Store pigs 23s to 28s ; fat poJ% 68 to 6s 6d per stone. [ADVERTISEMENT.]—HoIIoway's Ointment and rills.- - The best cure for Abscesses, Piles, Fistulas, and Ulcerous Sores.—The very satisfactory results arising from the use of this invaluable Ointment in abscesses, ulcers, pile* fistulas, or bearings down, have induced several of the medical profession, eminent for their skill, to introduce it into the public hospitals and their private practice ; and in many instances, where the sufferer was considered ill. „," curable, Holloway's Ointment, in con j unct i on with Jaw Pills, has healed the most desperate sores after every °the! method had been tried in vain. B o th t h e Oin tment a n the Pills are composed of rare balsams, without the admix ture of one grain of mercury, or any deleterious sub' stance. They are as safe as they are efficacious. " [ADVERTISEMENT.]—The following are some of molt thousand extraordinary cures without medicine effected br Du Barry's delicious Health Restoring Revalenta Arabic* Food of Indigestion (dyspepsia), flatulency, constipation , nervous, bilious and liver complaints, cough, asthma, con sumption, and debility:—Cur s No. 41,617. Winchester , December 3, 184 7.—Gentlemen,--I am happy to be able to inform you, that the person for whom your Revalenta Was procured has derived very great benefit from its use ; dis tressing symptoms of dropsy, dyspepsia, and constipation s o t f o l r o e d n g h stx t di h n i g nd h u a ee ve d. bee H n a r v e in m g ov wi ed, tn and esse a d f t e h e e lin b g of re enefica effects in the above mentioned case, I can with confidence recommend muchp . l_ea su a re e in g s d hoomfianzg wheneveran n i t, opportunity and shl l h e offers, &c., &c.—James late surgeon 96th Regiment.—Cure No. 52,422. Bridge: April 3, 1854.—Thirty-three y ears di seas ed lungs, spitting F riniie' Y of blood, liver derangement, deafness, sing' ing in the ears, constipation, debility, shortness of breath and cough, have been removed by your Revalenta Ara bica. My lungs, liver, stomach, head, and ears• are all right, my hearing perfect, and my recovery is a marvel to a ll my acquaintances. James Roberts, timber merchant" In tins, at ls. 6d. ; 11b., 3 s. ; 21b., ss. 9d. ; 51b., 125.; 12 1 N, 265. The 101 b. and 121 b. ti ns carriage free, on receipt of pcosl" office order. Du Barry and Co., 77, Regent-street, London. Fortnum, Mason, and Co., 182, Piccadilly ; Abbis, 60, Gracechurch-street ; 4, Cheapside ; 63, and 150, Oxford' street ; 330 an d 451 , Strand ; 49 and 60, Bishopsgate street ; 85, Tottenham-court-road. Also at D u blin, Bewley and Draper ; at Edinburgh, Raimes and Coq at Liverpool, Nix o n and Thew ; at M anc h es t er, S h arp a n Scott; at York, Raimes, Blanchard, and Co.;I at South' ampton, Randall and Son. BIRTHS. BILUCE.—On the 10th inst., at Duffrvn, Ab er d are, th e w ife of H. A. Bruce, Esq., M.P., of a daughter. HERVEY.—On the 10th inst., at Ickworth, the Lady Arthur Hervey, of a daughter. POLEHAMPTON.—On the 11th inst., at Dover, the wife of the Rev. John Polehampton, of a son. WARBURTON.—On the 11th inst., at 20, Herbert-street: Dublin, tho wife of Captain Augustus F. Warburton? A.D.C., of a daughter. WILD.—On the 14th inst., at Do B eauvo i r -t errace, Hox t o rb the wife of Mr. E. Wil, of a son. MARRIAGES. FISHER—OLIPHANT.—On the 12th inst., at Maryleboils parish church, John Cowley Fisher, Esq., of Woodhallt Cumberland, to Sarah, youngest daughter of Geo.Henll Oliphant, Esq.,. of Broadfleld House, in the same county. WHALE—COCKBURN.—On the sth inst., at the parish church, Weaverham, Cheshire, the Rev. Thos. Willis' Whale, to Emma, Lady Cockburn. DEATHS. BARNES.—On the 10th inst., at 11, Paradise-road, Stock well, Matthew Barnes, Esq., late of 'the Bank of Eng" gland, aged 79. • • BENBOW.—On the 11th inst., at Selby House, Ham, Sur' rey, Frederick, second son of George Henry Beni:lo'4 Esq., aged 21. BURRELL.—On the 11th inst., at Grays-inn -square, Jolla P. Burrell, Esq., barrister-at-law, aged 86. ED WARDS.—On the 10th inst., Edward Edwards, EQ . ' aged 74. HAMILTON.—On the 11th inst., at 12, Bolton-row, Mac fair, William Richard H am il ton, Esq., F.R.S., aged 8 • MusGßAvE.—On the 7th inst. at his residence, Whiting Bay, county Waterford, Ireland, Sir Richard Musgrav e ' Bart. RICHARDSON.—On the 10th inst., at Thurcaston, tershire, Cha r l es George, eldest surviving son of the lam Sir John Richardson, aged 49. LONDON : Printed and Published by MURDO YOUNG, of No. 112, Strand, Printer, at The Suts Office, No. 1 12 ; Strand, in the Precinct of the Sa vo y, I n the count y oh Middlesex, Wednesday, July 13, 1869. TflEwStilsi, LONDON, WEDNESDAY EVENING, JULY 13, 1859.