The Sun. — London, England, 1859-07-01 00:00:00

some fortuitous chance form present Ministers might by smother Government which would carry out the policy so ably followed by his noble friend. (Hear.) They had suc oftded in forming a Government. Of thes possible respect, talents of its mem bers he wished to spe ak with the grea tes t and the integrity o their motives he did not doubt. But in consequence of that unfortunate step the country had been left for some two weeks or more without any Govern ment at all, and even now two of the most important offices o f th e State were not yet filled,—the one because it was not t known w hether the constituency would return the right r ole . - g entleman, and the other because it was not known whether the hon. gentleman himself would join the Admi nistration. (Hear, hear.) He begged to read an extract from the speech of Mr. Cobden at Liverpool, which cer tainly did not :agree with the noble sentiments they had to-night heard from the President of the Council. Mr. Cobden said,—" The Americans look with some dread at the amount of preparations which are making in England for the purpose, to use the language of those gentlemen who are in the habit of speaking in public, of meeting any eventualities. Now, the opinion of the United States is that war between two great Powers of the continent does not involve any more danger to England than if they were at peace and keeping their armies unemployed. I heiud opinions in America expressed to this effect,—' If I were in a merchant ship and saw two pirates, I should be much more easy if they were fighting each other than if they were standing aloof ready to bear down upon me. " (Laughter.) He rejoiced most sincerely to hear from the noble earl that the armaments of the country were to be kept up, so as not only to meet but to prevent the possi bihty of invasion. (Hear, hear.) He did not know whether Mr. Cobden had accepted office, but if he had he hoped Mr. Cobden would renounce such opinions as he expressed at Liverpool, and adopt those of the noble earl in their stead. (Cheers.) He believed that Enland ought to be prepared for any and every eventuality. He hoped that we should be able to keep out of this fearful carnage, but he said that we ought to be p r epared, and he said se not doubting the sincerity of the Emperor of the French, but because the Emperor was no longer master of the situation. He ad mitted that the Emperor had treated this country with a loyalty and frankness for which we should be ever grateful but now that he had roused the pass ions of the Fren c h he could not say to that army, " Thus far shalt thou g and no further. (Hear, hear.) The Emperor could no t restrain the French army, and no one could say wha even s might happen. (Cheers.) The Earl of MA.LMESBITRY said,—l should not think of troubling your lordships this evening if I had not been obliged to wait for some time before I was able to answer certain charges made by eminent members of the present Government, and by the Primo Minister, with respect to that part of the policy of the late Government for which I was more particularly responsible. On the last night that we met in this house my noble friend the President of the Council, if he did not make charges, certainly made two or three insinuations of neglect, in which, I think, he must now confess that he was mistaken. (Hear.) In the first place, he insinuated that her Majesty's late Govern ment had not taken such measures as were desirable to pre vent the collision which subsequently took place between Austria and France and Sardinia. He asked, with the con viction, no doubt, that such was not the fact, whether, early in the month of February, or within three weeks of Parliament meeting, the late Government had done any thing to put a stop to the then unfortunate state of things. The noble earl, if he has had time, and taken the trouble to read the books which I haveplaced on your lordships' table, must confess that we did all we possibly could at the period to which he alluded to prevent what subsequently occurred. (Cheers.) As early as the 10th January her Majesty's late Government addressed beth the Courts of Paris and Vienna, entreating them to use their utmost efforts to come to some understanding, they being the only two Powers which, by acting in concert, could stop the calamities we foresaw and prevent the war which was impending. I will not trouble your lordships by reading any extract, but I do not believe that any language could be stronger, or any advice more candidly put forward than was addressed to those two Courts on that occaaion. (Cheers.) My noble friend went on to insinuate that Lord Cowley's mission was invested with great mystery and discredit, and that it had no definite object. You will find in the blue-book that before Lord Cowley left Paris he had a personal interview with the Emperor, that the Emperor drew up a memoran dum of points which he wished to be settled by the Court of Austria, that these points were afterwards drawn up by Count Walewski, and that nothing could be more particular and exact than the objects with which Lord Cowley went to Vienna. (Cheers.) lam sure that in that respect also my noble friend will admit his anticipations have not been jus tified, and I am quite prepared to acknowledge that, in alluding to those to him obscure points of our foreign policy, he did not lay upon them any such stress as to say that her Majesty's late Government ought, in ccnsequence of them, to be excluded from office. My noble friend con fined himself to the expression of a hope that the supposi tion on which his statement was based was not true, but there are other members of the present Ministry who were not content to pursue a similar course. The noble lord at the head of the Government himself did not scruple to use in another place language to which I shall, with your lord ships' permission, briefly refer. He was, in the course of the speech in which that language occurs, attempting to show that the late Government was not entitled to the con fidence of the country, and to adduce proofs that they ought to be immediately ejected from office as unworthy to give counsel to the Sovereign. The ground on which he based his argument as their incapacity to discharge that duty was this :—He said, " The course which the Go vernment has taken has brought on war. They are the cause of the present hostilities ; " and how, in his opinion, had we produced this result ? By the use of language hostile to France and Sardinia and by patronising Austria. He said we held out hopes of sup • porting Austria against France, that we were ignorant that Austria was determined on war, and that France was not prepared for it ; and, that being the case, that the breaking out of war was attributable to us, and that we were as a consequence no longer fit to hold the seals of office. Now, if this imputation be correct—if we were in reality the cause of this dreadful war, no verdict could be more just than that which the noble lord asked the House of Commons to pronounce. But let me for a ,moment en deavour to show your lordships how reckless is the lan guage which the present Prime Minister has deemed it not unfit to use, and how totally he must have neglected to look into any source of information by means of which he could arrive at a knowledge of the real facts of the case. He went on to say, on the occasion to which I allude— " I cannot but believe that friendly, firm, but temperate language would have induced Austria to pause, and to ab stain from that act of aggression which, in the opinion of the noble lord at the head of the Government, removed her from the position of a dignified conciliator to that of a crimi nal. It is plain Austria was aLleo-ing that her treaty rights in Lombardy and Venice were t o invaded. The Govern meat might then have fairly said, 'Go into Congress. Let all the great Powers of Europe assemble, and we will stand by you in negotiation in maintaining your unquestionable treaty rights; but do you and France consent to withdraw all military interference and all improper administrative in fluence from countries which are not your own. Free the South of Italy from military occupation and from dictation to Governments, and let the Italians and their Govern ments deal with each other as independent nations in variably do."' That is the course which the present Prime Minister thinks we ought to have adopted. That is the langua ge which he thinks we ought to have used, and what will your lordships say when I tell you that it is almost verba tim the very language which we did employ ? • (Cheers. ) On the 13th of January last I wrot e t o L or d A . Loftus, her Majesty's Minister at Vienna, in the following terms " Your lordship will frankly tell Count Buol that should such a struggle as we deprecate be the result of the present estrangement between France and Austria, England would remain a neutral spectator of the contest, and that in no case would public opinion in this country render it possible for her to assist Austria as against her own subjects, if the contest assumed the aspect of a revolution of her Italian provinces against her Government. The public opinion in England has a natural tendency to sympathise with Italian nationalities, but her Majesty's Government believe that tho se sympathies would not be aroused to any active form against Austria, unless Austria put herself patently in the va cmg, and either became an aggressor or gave France or Sardinia a fair excuse for beginning a war. Her Majesty's Government do not deny that Austria has cause for un easiness in Italy, but they maintain that it cannot be miti gateddnia. or removed bel gine. into war with France or Sar- If A.ustris. an ti un Fran - ce could be induced to take a just estimate not only of their own political interests, but of the course • Nvhl '" would most effectually contribute to the happiness of the Italian populations throughout the whole extent of the peninsu la ; her Majesty's G overnment the rest of Europe, insteadh oa a g half-accomplished, and to the future, would only prospect at length opening to thema forward ty t i: s th u an o anxiety unstained by deeds of violence eoic;nfgrlata tul lia a n te regenera t ion n a t ion Now, in those few short sentences v lo.4dshed." that nothing could induce us to assist Kainly told Austria Lombardy against her own subjects , and er in maintaining the strongest terms possible—exactly that upon her in lord at the head of the Government says We w }Lich the noble a ought to have done—the expediency of entering into some gr France as to the best course to be adopted with th e with contributing_ to the happiness of the Italian vie of (Cheers.) Now, with respect to treaties, the a which I held in writing to Lord Cowley on tb.el th a goe f January was this : "The unceasing advice of her Majesty's Government to Austria has been to keep str - ctly within the limits of treaties • to avoid all causes of offence to her Italian neighbours ; to relax, as far as possible, all rigour towards her Italian sub • jests ; and to adopt towards France a friendly and concilia tory policy." Yet in the face of all this, the noble lord at the head of the Government says that we threatened France and Sardinia, while we patronized.Anstria and held out hopes to her that we would support her ag ainst France. (Hear, hear.) We also said to Austria, " Let all the great Powers of Europe assemble in Congress, and we will stand by you in the ne gotiations which may take place," thus using the very lan guage which the noble lord says we ought to have adopted. Again, I wrote in these terms to Lord A. Loftus on the 30th of March :-- "Her Majesty's Government entreat the Austrian Go vernment not to approach this Congress with distrust and reluctance, but to take the lead in its formation, and, when formed, in its deliberat ions. It will find in her Majesty's Government a sincere ally, anxious to relieve it from un fair pressure, and to maintain its rights." Yet it was on these statements that the noble lord thought proper to base the accusation that we were unfit to hold the reins of of which he made against us in another place. (Hear, hear.) Your lordships will, I trust, not think that I have acted unbecomingly in calling your attention at the earliest possible moment to the subject, and repudiating the charge which the noble lord has brought against us. (Cheers.) I shall not trespass upon your lordships' time by comment ingupon the language which was used on the same subject by another eminent member o f the Government—l mean the noble lord the memberfor London. H. the e i terms in which he spoke in mu ch the sain e spirit as his noble colleague, though expressed himself were not quite so strong. I base my de fence on the papers which have been laid on your lordships' table. (Cheers.) I may, however, be permitted before I sit down to put a question to my noble friend opposite. I was struck this morning by a passage in a speech which is said to have been made by a right hon. baronet a member of the . Government to his constituents at Halifax. It is not the . first time that the right hon. baronet, when occupyi ng an analogous position, has exhibited less than mi g ht be deemed desirable o f that: quality of reticene which is sup , posed to be peculiarly well adapted to a newly created raster when taking his first step in that capacity. The right hon. baronet has gone further than the noble lord the Secre tary for Foreign Affairs. He is reported to have said : " We have seen recent accounts that in a large portion of Germany a strong spirit prevails by which they seem dis posed almost to engage in hostilities. I hope an, t trust their own good sense, aided by our advice, which we have given them since we came into power, willinduce them to abstain front hostilities." _ Some of the members of the present Government have taken two or three occasions to declare that they intended to assume an attitude of rigid neutrality, and I understand that such is the interpretation which is to be put upon the statement which my noble friend opposite has made this evening. I wish, therefore, without further remark to call your lordships' attention to tip step which, if the right hon. baronet the member for Halifax be correctly reported, has been already taken by her Majesty's Ministers. It is a step, my lords, which goes further than anything which the late Government did, and seems to me to be the first move to wards leaving a position of absolute and complete neutrality. (Cheers.) Her Majesty's late advisers most carefully ab stained from giving Germany any advice with respect to her conduct in taking hostile measures or refraining from them. We confined ourselves advisedly and purposely to telling the Prussian Government and the Governments of the other German States, that if they went to war at pre- sent, before the Confederation assembled, they must not expect the slightest assistance from her Majesty's Govern ment. We thought it right and fair to tell them so, because there prevailed no doubt in Germany a hope and delusion which went so far as make the people of that country believe that her Majesty's Government would lend their aid to Germany in case she entered upon a war. The language which we used, however, is quite a different thing from advising Germany not to judge for herself, and not to make war, even though she may deem it to be necessary to her safety. (Hear, hear.) The result of such a course may be that you may find yourselves com mitted by a moral obligation hereafter to support her, inas much as the people of Germany may turti round upon you, and say, "If you had left -us alone, we should not be in this scrape." (Hear, hear.) It is upon these grounds that I think the statement made by the right hon. baronet the member for Halifav possesses a degree of importance which at first blush it may not seem to wear. My object in allud - ing to the statement was to show your lordships that it is really of some consequence, and, if it be not indiscreet, I should be very glad to know whether that statement is cor rect or not. The Duke of NEWCASTLE—No one can feel surprised that the noble lord should have taken advantage of the forms of the house to defend himself from accusations made against him in the performance of the duties which lately devolved upon him at the Foreign-office. At the same time I am sure your lordships, as well as my noble friend, will agree with me that upon this occasion it is un advisable, not only for any member of the Government, but, I think, for any member on either side of this house, to enter at length into the questions in the blue-book, con sidering that a notice has been given which will bring on a full discussion of those questions so early as to-morrow week. (Hear, hear.) Although Iby no means deprecate such a discussion, I am certain your lordships will concur with me in the opinion that these subjects can never be debated without some risk to the public service —(hear, hear) —can never be discussed, even in the temperate atmosphere of this house, without giving rise to language which may, and in all probability will, endanger the future attempts of the Government to restore the peace that has been so unhappily broken. (Hear, hear.) If, therefore, I do not refer to what has fallen from my noble friend, he must not think there is any disregard of his position by the present Government, and I am certain when this discussion takes place that he will find every member of thr Ministry disposed to do him ample justice, and that no attempt will be made to represent the house and the country any ether than an anxious desire on the part of my noble friend and his colleagues to preserve peace so far as it was pos sible to do so by any efforts of theirs. (Hear, hear.) My noble friend has enjoyed within the last few days a privi lege which has been wanting to me—l mean leisure to read election speeches. Until, therefore, he quoted just now the speech of my right hon. friend (Sir C. Wood), I was not aware of the words which are said to have fallen from him, and I am not able to state whether they are accurately re ported. Probably the report is perfectly accurate. If so, I can only say that the despatch which must have been alluded to does not bear the construction which my noble friend deprecates, and that whenever the papers are laid before the house it will be found that we have not exposed ourselves to the dangers which he has very rightly pointed out. (Hear.) Allow me to say a word or two upon what fell from the noble duke (Rutland). He seems to fear, owing to what has fallen from the Foreign Secretary, that there is a difference of opinion between my noble friend (Lord J. Russell) and the President of the Council as re gards the maintenance of a fair, an honest, and entire neu trality. Now it may be perfectly true that my noble friend considers that Austria is to blame for the commencement of the war. Contrary opinions on this point have often been expressed by members of both houses. I will not say whether such opinions are prudent or otherwise ; perhaps the more carefully they are avoided the better; but the noble duke goes too far when he endeavours to deduce from such opinions that the person who expresses them will take a partisan view of events which are now transpiring. (Hear.) I can assure your lordships that not only my noble friends, but every member of the Government agree in their determination to maintain a strict and entire neutrality. `Without asking who began the war, our object will be to hold the balance fairly between the belligerents, so that at the earliest opportunity, consistently with that neutrality, and with the objects which my noble friend has already explained, we may be able to step forward as mediators in this unhappy quarrel. (Hear, hear.) As to the noble duke's anxiety lest two offices in the Ministry should not be filled up, I may relieve that anxiety in one particular, because there is every prospect that the gentleman to whom he alludes will not only continue a member of the Govern ment, but will again become, within a few hours, a member of the House of Commons. With regard to Mr. Cobden, I cannot tell what answer, if any, has been sent by him to Lord Palmerston; but if Mr. Cobden joins the present Go vernment—and I sincerely hope he will—l can assure the noble duke he will join it with the full knowledge that Ministers intend to maintain and strengthen the defences of this country, and not to relax, but, if necessary, to in crease the efforts made by their predecessors with that end. (Hear.) 'Whatever happens, your lordships may rest assured that with a view to the important part which in all proba bility we shall be called upon to play, whether of a peace ful kind or otherwise, the defences of the country will not be neglected.EMoreover, as regards the speech which has been quoted, the noble duke, I think, will find that there is nothing inconsistent in a gentleman, who believes there is no fear of invasion, nevertheless taking every precaution to prevent the possibility of invasion, and to repel it if at tempted. (Hear, hear.) Few men regard invasion as pro bable ; but there is not one of your lordships, and there are very few in the country, who do not believe it is the para mount duty of England at this moment to strengthen her defences, and to be prepared for every emergency. (Cheers.) Lord HOWDEN thought that the opinion of Parliament on the present state of affairs abroad could not be known too soon either here or upon the continent. He trusted that the observations which he was about to offer would not be deemed unwise or very indiscreet. In the present conjunc ture it was the duty. of every one to speak plainly ; and if England had done so in the beginning, might not this ini quitous war have been avoided ? On the first night of the session he had called attention to a startling declaration which had appeared in the manifesto of the Emperor of the French. Possibly the phrase might have been inserted because it looked well to the eye and sounded well to the ear, which was a. very common reason for much that was said, done, and written in a neighbouring country. He had received from the then Government no explanation as to that phrase, but he hoped the present Ministry would try to discover whether that startling declaration meant anything or not. Haying himself as much at heart as any man living the independence of Italy—the real, practical independence of the whole country, and not a phantasm a goria evoked for the purpose of the hour—he was glad to be able to raise his voice humbly but loudly against the very unholy means taken to arrive at a very holy end. He did not concur with those who maintained in this case that the end justifiesl the means. Every Englishman was in favour cf the Italian cause and wished it well, but he had not heard a single person in this country approve the means by which it was to be advanced. In his belief, that cause was adopted with no more fixed and definite view than to give, as circumstances might permit, additional prestige to the arms of France. What would follow ? A proportionate de crease in that legitimate influence which England ought to havn not only over the future destinies of Italy, but over the progress of real liberalism in all parts of the world. It appeared from the recently-published blue-book that so late as the end of February Lord Cowley did not believe in war, because, as he stated in his despatch, no preparations were made in France for it. That France was not quite ready when she marched into Italy; that the Emperor Napoleon, like a lady in an interesting situation, was somewhat out in his reckoning, might b e t rue enoug h ; but he who lived in Paris was at a loss to understand how any man, however amiable and disposed to believe everything he was told, could bring his mind to the conviction that France had not resolved upon war. He believed that the determination of France was taken long before the month of February, but still, when he heard Italy claiming the Emperor Napo leon as its liberator and regenerator, he could not help saying that he had great doubts whether, at the bottom of his very capricious mind, his Majesty ever intended or ex pected the real liberation of Italy, however large or magni ficent might be the device which lee had inscribed upon his banner. Lord Cowley stated in one of his despatches that when, in 1857, certain reforms expected to be efficacious were proposed to be introduced into Italy through the joint influence of France and Austria, they were allowed to fall to the ground by France ; and he observed from the blue book that the representations which were subsequently made to the Cabinet of the Tuileries upon that point met with a very discouraging and lukewarm reception. (Hear.) That the Emperor Napoleon intended to do something with the Austrian States he had not the least doubt ; but what or of the kingdom of Nl ; as to become of Imperial Rome, Na l :Iles? Re believed that in the latter country great pains were taken to ascertain whether any feeling existed in fa vour of the Murata ; but it was found that, according to the French proverb, le jeu ne vaut pas la chandelle, and tqe attempt to o efficacious reform i n Y as the north of Ital . pen Naples to French influence in the same way by a body in France as abandoned. Anything like an under the greatest whom the Emperor t the Papal States would be prevented siderable part of the six Napoleon was obligations, to whom he owed a con out of the electoral il l; seven millions of votes that came there were not underhand intrigues fluence he was by no means his favour, and from whose in-- free. He did not say that and anonymOus incitements t n o trigues ' sub jects of the Pope; on the contrary,revolt things were going on at the present dark machinations. addressed to the assured that little or no change would l t ie was sure that such ouimoment, but he felt anddbe allowed to take place in Rome and the Papal States, liberation of a part of Northern Italy would only deeper the so-called plunge those magnificent regions, if not intoo oy dark ness, at least into deeper disappointment serve to w as s whatto (Hear, hear.) Dangerous, and even ridiculous, '' as 'r spair. prophecy in times like the present, ho knew well l would happen to England as the result of the ini e ft war now raging in Italy. At some period—probably an early one—England would interfere with a view to stob hostilities and to prevent a further effusion of blo o d. Sh e s would honestly and frankly offer her good offices, and then, by that unfortunate fiat of fate which seemed to attend he r , by that curiosa in felkitas which had always been hers, she would make herself even more odious than she now was to (A laugh.) If she failed she would compromise position as a great power; if she succeeded it would herall pa r t es. be said from one end of the Peninsula to the other that had it not been for selfish and perfidious Albion, only alive to her own grovelling interests and the dispersion of cotton, i all Italy would have been free, and she would be accused of having ruined all those magnificent schemes for the deve lopement and protection of nationalities which were orga nised and elaborated in that region so propitious to human liberty—the Tuileries -t Paris. (A laugh.) All the vitu-. peration of the Liberals in Italy, of the Reds in France, and of our own Radicals would fall upon England, while all the honour attaching to projects which were never in tended to be executed would be given to France. (Hear.) In the name of God, however, let us have peace, no matter how obtained, but at the same time he hoped that no en couragement would be given to what, he feared, was on the cards—a prolonged occupation of Italy by France under the pretence of negotiation. He believed that when Napoleon marched his army into Italy nothing was wanting for the liberation of that country but the retirement of the French and Austrian troops from places which they never ought to have entered, and the removal of the injuri ous influence which Austria had so long exercised in Tus cany and other States. It was very remarkable that we did not know why so good a proposal—a proposal which would have liberated the whole, and not a part of Italy, and libe rated it, moreover, without the smallest risk of retrocession —was not carried out. An honest, conscientious Govern ment in Sardinia, mindful of its own affairs and of God's commandment not to covet what did not belong to it—(a laugh)—would have quietly but impressively held out its system as a model for present Italy to contemplate and for future Italy to attain. An honest and constitutional regime in France—that country which, from its rare position, and according to its government, must always be either the curse or the regenerator of Europe—a constitutional government in France, protecting, but not exciting Sardinia, would have allowed the wise example of a constitutional system to win its way to the hearts of kings and of subjects, and would have attached itself to the institutions of this free country by a natural and durable alliance, for, thank God, from the force of things, and by a law superior to the temporary con venience of one man, no alliance of a really permanent cha racter could subsist between liberty and despotism. Thus England and France might have given freedom to the world. It was this quiet but infallible action that would have encouraged struggling races and raised drooping na tionalities. It would have done so righteously as well as peacefully. Such a process would have pleased all the wise reformers of all abuses of power in all parts of the earth, although it might not and could not please the wild ambi tion and rash desires of those who were equally above the real interests and the wholesome opinions of mankind. (Hear, hear.) The subject then dropped. Their lordships adjourned shortly after half-past 6 o'clock. THE SUN, LONDON, FRIDAY EVENING, JULY 1, 1859 . HOUSE OF COMMONS.-(YESTERDAY.) The house re-assembled for the first time since the ad journment on last Tuesday week, when the SPEAKER took the chair at four o'clock. RE-ELECTION OF MINISTERS. The following Ministers took the oaths and their seats on re-election .—Lord Palmerston, Lord John Russell, Mr. Cardwell, Sir George Cornewall Lewis, Sir Geo. Grey, Mr. Lowe, Sir R. Bethell, Mr. Wilson, Mr. Hugessen, Sir C. Wood, Mr. Fitzroy, Mr. Cardwell, Mr. Whitbread, Sir H. Keating, Mr. Headlam, Sir W. Dunbar, and Mr. Sid ney Herbert. PRIVATE BUSINESS. The following bills were read a second time :--Bombay, Baroda, and Central India Railway Company ; Galway Harbour and Port Act (1853) Amendment; Norwich Corn Exchange; and Bray Commons. PETITIONS. Several petitions were presented from different dissenting bodies praying to be admitted to the same privilege with reference to endowed schools as the members of the Church of England. NEW WRITS. On the motion of Mr. BRAND the following writs were ordered :—For Northampton, on the elevation of the Right Honourable Mr. Vernon Smith to the upper house ; for the county of Wicklow, vacant by Lord Probyn having ac cepted the office of Comptroller of her Majesty's House hold ; for the city of Lichfield, vacant by Lord Alfred Henry Paget being appointed Chief Equerry and Clerk Marshal ; and for the western division of Gloucester, in consequence of Mr. Kingscote having been appointed Groom in Waiting to her Majesty. MR. GILPIN. Mr. W. 0. STANLEY gave notice that to-morrow he would draw the attention of the house to the statement which had been made by Mr. Dennis at a public meeting, to the effect that an attempt had been made to corrupt Mr. Gilpin on the late division. MANNING THE NAVY. Sir J. PAKINGTON gave notice that he would ask the First Lord of the Admiralty whether it was the intention of her Majesty's Government to carry out the recommen dation of the report on this subject. Mr. WILLIAMS asked the late Secretary of the Admi ralty if any commission had been issued with respect to the reduction of the naval expenditure ? Sir J. PAKINGTON said he did not remember. THE MATRIMONIAL AND DIVORCE COURT. Mr. E. JAMES gave notice that he would draw the attention of her Majesty's Government to the accitmulation of arrears in this court, and to ask whether it was poposed to introduce any measure to remedy the consequent injus tice inineted on suitors. NEUTRALITY IN THE WAR. _ _ Lord ELCHO gave notice that, on Tuesday week, he should move the following resolution :—" That, in the opi nion of this house, the correspondence respecting the affairs of Italy which has recently been laid before Parliament shows that the late Government have perseveringly directed their efforts to the maintenance of peace, and the amicable settlement of the differences between the contending par ties ; and that, while they have preserved the strictest neu trality, and conducted these complicated negotiations with patience and impartiality, they have at the same time up held the honour and dignity of this country. That it is further the opinion of this house that the policy of neutra lity and mediation between the contending Powers which havhhus been pursued by the late Government should be adhered to by her Majesty's present advisers." (Opposi tion cheers.) MINISTERIAL STATEMENT. Lord PALMERSTON brought up by command of her Majesty copies of correspondence with the commissioners at the head-quarters of the Austrian, French, and Sardi nian armies. Having moved that these papers should lie upon the table, the noble lord said—l avail myself of this opportunity to make a very short statement to the house, not so much as to those circumstances in regard to which the public are already perfectly well informed, as with re spect to the course of business which we shall propose to the house. It is well known to everybody that upon the failure of the efforts of my noble friend, Lord Granville, to form a Government, I was honoured with the.commands of her Majesty to endeavour to construct an Administration. The first step which I took under those circumstances was to address myself to my noble friend the member for the city of London, between whom and myself an agree ment already existed that, whichever of the two might hap pen to receive the commands of the Sovereign to form an Administration in the place of that which had given in its resignation, we would co- operate for the purpose of forming an efficient and strong Government. (Hear, hear.) My noble friend, with the utmost promptitude and generosity, immediately consented to give his co-operation for that pur - pose, and undertook that which is at all times one of the most important departments of State, but which under the circumstances is, beyond all others, of national importance—l mean the direction of our foreign relations. My noble friend and myself were able to surround ourselves with colleagues eminent for their public station and re markable for their ability and knowledge of the administra- , tion of affairs. and I trust that we have succeeded in pre- senting to this house, to Parliament, and to the country an Administration which, by the distinguished elements of which it is composed, will command, attain, and secure the confidence of this house and of the country. (Cheers.) I need not say, Sir, that in some respects the duty which I had to perform was pasnful to my feelings, because I was unable to ask and obtain the assistance of many of those 1 personal and political friends with whom it had been my pleasure and pride upon a former occasion to co-operate in the public service—men whose talents, zeal, and ability in the discharge of the duties which were imposed upon them entitled them not only to my esteem and confidence, but also to the approbation of their fellow-countrymen. The Administration having been formed, it now becomes our duty to consider what course of proceeding it will be our duty in the present state of the year, and in the present state of the business before Parliament, to propose to this house. There are two great questions which pre-eminently occupy the attention of the public ; one, the state of our foreign relations as connected with those important events which are now passing in the south of Europe ; the other s that question of the amendment of the laws regarding the representation of the people in Parliament, which has so recently and so anxiously engaged the attention of Parlia ment and of the country. The course which we intend to pursue with regard to -that first great question is the course which has been chalked out for us by those who preceded us—(Opposition cheers)—and which has been recom mended, or is intended to be recommended, by the resolu tion of which notice has been given by my noble friend — that is, a strict neutrality in the contest which is now waging. (Hear, hear.) I trust that nothing can occur which should involve this country in hostilities, which, as far as human foresight can go, seem to turn upon matters which, though interesting the sympathies one way or the other of the people of this country, are yet so remote from their direct interests that it would, I think, be unpardon able in any Government to endeavour to involve this coun try in the contest. (Cheers.) It will be our duty, as no doubt it would have been felt to be the duty of the late Go vermnent, to avail ourselves of any favourable opportunity which may occur in the course of these events to tender the good offices of England, either separately or conjointly with other Powers, for the -purpose of restoring to Europe the . blessings of peace; but I am sure that this house will feel that steps of that kind ought not to be lightly taken, that a great country like this ought not to tender advice or inter pose offices until it seems that the march of events renders it likely that those good offices or that advice will be accept able to those to whom they are tendered, and that lightly and without sufficient consideration to commit the country to steps of that sort would be derogatory to the dignity of the country and useless with regard to any good which might be anticipated from the adoption of such a course. (Hear, bear.) With regard to the ether great question — the amendment of tho laws regulating the representation of the people in Parliament—l think It is almost needless for me to say that, consiaming the season of the year, conside ring how short a thee must elapse before the return of August, and possibly imf September, will so thin the attend ance in this houre that no question of great importance ought to be submitted to its deliberations, and considering the amount of inevitable business which we have to go through, it would be t tilling with so_grcat and important a _ _ . _ subject as that of Parliamentary Reform if we were to at tempt to introduce into this house during the present ses sion a bill upon that slt bject. (Hear, hear.) That it will be our endeavour-and determination to avail ourselves of the earliest moment•of the , Just session• of Parliament to pre pare and produce a bilt, I can give the assurance of myself and my colleagues. Ni - 13 en that next session will commence must depend very much. upon the course of events, and upon the course of business- i wish to withhold any opinion upon that subject at thepresent moment. Events may occur which may render it necessary that that session should be held earlier than the accustomed period. There may be considerations which may lead in the other direction, but upon that point I beg the house to understand that we re serve it to ourselves to state at some future period of the present session what our views and intentions may be. We shall therefore proceed at once with the business which is before us. Some of the estimates will have to be considered and voted by the house. There will be the budget of my right hon. friend the Chancellor of the Exchequer to be stated and considered ; there may probably be measures consequent upon that budget, and there may be other mea sures of minor importance which we may think it our duty to propose ; but that amount of business will probably, I think certainly occupy all the remaining portion of the summer during which it is possible for us to expect such an attendance of members as will, enable us to deliberate upon measures of impatance. I will not trespass further on the attention of the house except to say that, considering how late the session is, and how important it is that the business usually called the business of the Government, though really the business of the country, should be proceeded with as rapidly as possible, it is my intention to propose on a future day that Thursdays, beginning with this day fort • night, shall be Order days, instead of, as usual, being No tice days. That is an arrangement that is usually made towards the latter part of the session; and I trust that, under the circumstances, those who may have notices on - • the paper for this day fortnight will offer no opposition to the proposal which I shall make. (Hear, hear.) The motion was then agreed to. THE NATIONAL DEFENCES. Sir C. NAPIER said that he would not give his sup• port to the Government unless he received from them a dis tinct statement as to what they proposed to do with refer • ence to the national defences, which at present were not in a state of efficiency. He advised the Government to follow in the footsteps of the late Government, who were entitled 'to the gratitude of the country for their conduct in refer ence to this matter. He would not press the matter further, but would on an early occasion draw the attention of the Government to the subject. Lord PALmEns•rox rose to reply, but, The SPEAKER decided that the hon. and gallant mem ber was not in order, not having brought forward a motion. The subject then dropped. CONVENTION WITH THE KING OF PORTUGAL. Lord J.:RUSSELL laid on the table a copy of this con vention. CRIMINAL STATUTE LAW CONSOLIDATION. Mr. WHITESIDE rose to move for leave to bring in a bill to consolidate and amend the criminal statute law of England and Ireland. The Statute Law Commissicnershad given much attention to this subject, but in their delibera tions they found themselves involved in one or two diffi culties. The first of these was whether they should notonly consolidate but also amend the law ; and the second was whether their measures should or should not extend to Ire land. Now, he held that the difficulties would only be in creased by having one set of statutes for England and ano ther for Ireland. The late Lord Chancellor of Ireland, he might observe, had given it distinctly as his opinion, that there should b 3 one set of statutes for both countries. In a communication addressed to the Secretary of the Statute Law Commission he said:— " I think the Irish statutes ought to be overhauled, with the view of confolidating them as much as possible with the corresponding English Acts. We have about 2,263 Irish Acts before the Union • then under Poyning's Act (10 Henry VII., c. 22) we have: to import English Acts ; and by the Bth Edward IV., cap. 1, and 21 and 22 George 111., cap. 48, English Acts are extended to Ireland. Since the Union there have been passed about 1,300 statutes exclu sively relating to Ireland, so that, in addition to the early and the Post-Union Laws which extend to both countries, there are upwarda‘of 3,560 statutes peculiar to Ireland. I believe it to be practicable to have one set of statutes for both countries, which would regulate most matters proper for legislation, though there are important exceptional sub dealtects which, on principles of sound policy, ought still to bo with by special and separate legislation." A paper was submitted to the late Cabinet for the purpose of having the opinion of the Cabinet on the manner in which the work should be effected. A right hon. friend of his had an interview with the Cabinet and their assent was obtained to the principle of the measures. First with regard to the punishment of death. Blackstone enumerated 160 capital felonies which were formerly visited withdeath. Finally the punishment of death was reduced to 12 offences, and it was for the late Cabinet to decide whether the punishment of death should be abolished in the case of any, and which of these offences. The result was that the late Cabinet decided to propose the abolition of the punishment of death in all cases save for the offences of treason and murder. - Opportunities had arisen for the carrying out of effective secondary punishment which did not formerly exist—(hear, hear)—and from the time that the Criminal Law Commissioners recommended the aboli tion of the punishment of death for the crime of rape it was extremely difficult to maintain this punishment for any offences against the person not accompanied by death. It was proposed in the same bill to deal with the crime of con spiracy to murder. This offence was capital in Ireland and not capital in England. He had been asked whether he would not assimilate the laws of the two countries. Consi dering that Ireland had been handed over to the present Government in a condition that it had never been in before —in a state of great prosperity and profound tranquillity— he was of opinion that in this particular instance, as in several others, exceptional laws might be abolished, and he therefore proposed by this bill to abolish the punishment of death for the offence of conspiracy to murder. It was gene rally felt that when death did not result the criminal might be allowed to get the benefit of not having carried his crime into execution. Wherever the conspiracy to murder was proved it would be in the power of. the judge to pass a severe penalty, but he might, if he thought fit, reduce the punishment to an imprisonment for four years. There was the ease of a conspiracy to murder her Majesty's Ministers at a dinner at Lord Harrowby's. No doubt, such a conspi racy might be a very gross offence, but the Crown was more likely to gain a conviction when the punishment was reasonable and moderate. The crime of forgery was conso lidated by the English statute law in the time of William IV. In Ireland the laws relating to forgery had never been consolidated, and there were now 45 acts of Parliament re lating to that crime. But, as the offence and the punish ment ought to be the same in England, Ireland, and Scot land, there was no real difficulty in amending the acts, in applying the same law to both countries, and in clear ing the statute-book of forty or fifty acts of Parliament. With regard to the Procedure Bill, if the crimes were the same, to have two modes of procedure was very unnecessary. All the procedure laws commencing with those relating to the issuing of commissions to judges from the time of King Edward the First to Queen Victoria had been overhauled and systematised, and the present would be a complete Procedure Bill for both coui tries. It would bo found to be a very readable Bill, but there were only two clauses that deserved the attention of the house. These were clauses six and seven, declaring what was to be done in cases formerly punished by forfei ture of goods and chattels and confiscation of land. It was said that confiscation of land was the corner-stone of the classification of crimes by the law of England. When Sir M. Hale wrote, almost every crime was a felony. But Mr. Amos had published an interesting work entitled the " Ruins of Time" to prove the ruins time had made in the composi tions of Sir M. Hale. While he admitted that the late Cabinet did not decide in favour of the abolition of the for feiture of lands, and that confiscation should be abolished, he in his individual character felt at liberty to urge the abo lition of this penalty. Take the case of Sir W. Raleigh. The King first cut off his head and then took his estate for his favourite. When Lady Raleigh asked for the restora tion of Sherborne Castle, the erudite Scotchman re plied, " I mun hae it for Carr," which being translated meant, " I must have it for Kerr." (A laugh.) The law ought to be satisfied with the life of the victim, w.:_hout punishing his innocent family. He was present at the trial of Mr. Smith O'Brien for treason. The Crown might have taken his life, but on what prineiple of justice could the law have taken his estate from his eldest son,—a man:of the highest talent and every virtue? He admitted it might be rejoined that confiscation was still the law of this coun try, but he had lately been reading the arguments urged by Sir Samuel Romilly on this point, and they reminded him of the conversation between the Emperor Joseph and the Chancellor of the Austrian empire. The Emperor was reported to have asked his Chancellor whether ho had read the essay of Beccaria. "I have, Sire," was the reply. "-Can you answer, it ?" "No, Sire." " Then act upon it," said the Emperor. Mr. Amos, in the book that he had quoted, said,— " On the general principle of confiscation it may be ob served that it is open to the gravest objections. Sir M. Hale, indeed, does not offer any opinion concerning its im policy or inhumanity, and Blackstone labours to prove what he terms the natural justice' of confiscation for treason. The first pattern for confiscation is supposed to have been given to the world by Sylla the Dictator. Among the prin cipal objections to confiscation may be reckoned that the penalty is in many cases excessive and disproportioned to the nature and extent of offences ; that it is unequal in its appli cation to different offenders, being graduated not according to the gravity of an offence,' but the magnitude and descrip tion of the offender's estate ; that it usually involves the misery and utter ruin of the innocent families of offenders. Livingstone, Dumont, and Bentham have written cogently , against forfeitures, but nowhere, perhaps, are they more elo quently reprobated than in the following extract from a speech of Sir S. Romilly. Ho says :—' All confiscations forming part of a sentence by which death is inflicted are founded, in my opinion, upon the greatest injustice. To confiscate the property of the criminal whose life is left un touched is to take from him the means by which the enjoy ments and comforts of life are supplied; but if the law de prives him of life also the forfeiture can only affect those whom he leaves behind him. Upon them alone the punish ment falls, and, if the offender be at all affected by it, it is only as he May feel and be afflicted for them. Almost all punishments, indeed, extend beyond the criminal against whom they are directed. The greatest criminals have often deserving relations and connexions who sympathise in their sufferings, and who, though perfectly innocent, thus endure a part of the punishment; but this arises from the necessary imperfections in all human institutions ; in the law, how ever, of forfeiture this, which is an unavoidable evil, but which all wise legislatures would, if it were possible, avoid, is the very principle upon which the law proceeds. The direct punishment is inflicted on the innocent, and it is by sympathy alone that the guilty is affected, if he be at all affected by it. To the most obdurate and hardened it is no punishment at all; to the less criminal—to those whose minds are not callous to all sense of virtue and of humanity, if to any, it can operate as a punishment. You choose for the instrument of your moral tortures the best feelings of the human heart, and aggravate and enhance, your punish ment in proportion as the subject of it is less an object of detestation ! " Those were arguments which it was impossible to answer, and, therefore, he now proposed to abolish the penalty of confiscation of land for crimes to which it now applied. What was the case in respect of felony ? There was an instance of a man at Salisbury being convicted of felony for stealing one penny, and all his goods were forfeited. The bishop, however, claimed the chattels, and, being a just man, he divided the property among the most deserv ing relatives. Thus, too, the Sovereign never actually took the produce of a felon's property, but left it to the law officers to decide to whom it should be given. As long as almost all felonies were capital, he could understand the value of a distinction, but now, when many misdemeanours were more heinous than some felonies, the case was differ ent. The change suggested by these Bills would be a con siderable improvement, and in proposing these measures he wished to be understood as not at all blaming the Statute Law Commission for not having done so—it being, in fact, out of their power. He thought the late Government had acted wisely in endeavouring to prepare Bills relating to the criminal law of both countries. Such was the scope of the measures which he proposed to introduce, and he availed himself of the opportunity of thanking his learned friends, and especially the late Attorney-General and the right lion, and learned member for the Cambridge -Culver- sity (Mr. Walpole) for the frank and earnest manner in which they had considered the subject. He should hand over these measures to the present Government, having no doubt that the law officers would give the subject their most careful attention, and, if approved by the Govern ment, they might be assured of every assistance which he could render in passing these measures. The right hon. and learned gentleman concluded by moving . for leave to introduce several bills consolidating the criminal law of England and Ireland. The AT T 0 RNEY-GENERAL said it was not his inten• tionio offer any opposition to the motion, but rather to tender his thanks to the right hon. gentleman for the atten tion and labour he had bestowed upon the subject. It was, however, requisite that the attention of the house should be called to another matter connected with the subject, upon which it was high time some determination should be ar rived at. The house was asked to receive bills proposing to consolidate the whole of the criminal law of England and Ireland. That was a simple proposition that they should at one blow abrogate the whole existing law, and receive a new enactment in place of those which they now had. He wished the house to consider what means there were of assuring to them that there would be no alteration in the law effected by these bills, and that the new enactments would amount to nothing more (with the particular excep tion he had mentioned) than a re-enactment of antece dent laws. It was impossible that the House of Commons should take such a leap in the dark. In one particular — that relating to the forfeiture to the Crown—he concurred in the sentiments expressed by the right hon. and learned gentleman. He had long felt as a law officer the great mis chief and inconvenience arising from the forfeiture of goods and chattels and land. He concurred in the sentiments of humanity and justice that had been quoted in order to in duce the house to consent toan alteration of the criminal law in that respect, but it was a serious thing to ask the house to accept a consolidation statute, being utterly , unable to undertake the duty of examining that statute in order to ascertain whether or not it was a simple embodiment of the existing law, or whether they were not incurring the risk ef enacting a change in the law. For that rea son he, as an individual, had long ago suggested to the house the absolute necessity of establishing a department of justice, comprising men whose bounden duty it should be to examine into these subjects,who should be responsible. and who should undertake the duty of examination in a manner different to that of the Statute Law Commission, and upon whose credit and faith all measures of consolidation should be in troduced to Parliament. The house was aware that the statutes if gathered together—even if the very same words were used—might by a different arrangement or alteration in the preamble be made totally different to the existing law. We had had for several years a Statute Law Commission, but, with the exception of some bills laid upon the table upon thg day before the dissolution of the last Parliament by the late Attorney-General, that commission had not produced a single measure. (Hear.) If anything was to be done it was highly desirable that the grave and important measure of consolidation should be committed to persons who were responsible to that house. No doubt great assist ance was rendered by hon. and learned gentlemen who laid upon the table bills, which were the result of their labour and consideration, but the house ought to have some per son responsible for the preparation of such measures. The late Attorney-General had laid upon the table before the dissolution seven bills, which, except as to one particular, were similar to these now sought to be introduced. That showed the uncertain and unsatisfactory manner in which such subjects were dealt with at present. It was un doubtedly necessary that something should be done, but he entered his protest against a simple consolidation bill being brought in upon the authority of an individual member, however eminent he might be, in order that the house should enter into an examination of that bill, together with the whole body of statute law. It was no doubt true that the graver the duty the more important it was that it should be performed in a proper manner, but any piecemeal legis lation was, in fact, however meritorious, but a delusion, putting off the performance of a duty that must be per formed some day in a different manner. Therefore, although he must offer the highest praise to the right hon. gentleman for the attention and labour he had devoted to the subject, still he could not pledge himself to approve the mode in • which it was proposed to deal with thitimportant matter. Mr. MALINS observed that the system of consolidation involved this difficulty—that it was impossible to pass the ' consolidated enactment through the house, unless the house were prepared to take the enactment on trust. It was improper and incredible that that should ever be done ; but he was surprised that the Attorney-General only pointed out this difficulty in order to mount a hobby of his own. The hon. and learned gentleman admitted that the house ought not to take these measures on trust, and then went on to say that a certain body ought to dictate to the house the measures to be passed, and that body was to be the de ' partment of justice. The ATTORNEY-GENERAL said that the hon. and learned gentleman had forgotten that the house passed a resolution that it was expedient that there should be a de partment of justice for this express purpose. Mr. M ALINS said that resolution was passed in a very thin house, and he thought it his duty at the time to protest against that which he deemed a mere theory, and . which never could be brought into action. The resolution passed three years ago, and the experience of the three years showed ' that his opinion was well founded ; for nothing had been ' done since upon it. The resolution had proved a mere barren resolution, and he ventured to predict that nothing would ever come of it ; for if the house would not trust those responsible officers, the Lord High Chancellor of England, and the Attorney and Solicitor Generals, whose duty it was to submit law measures to Parliament, was it ' to be supposed that it would trust the same individuals as sembled together under another name ? (Hear.) Ho re ' peated what he had formerly stated, that the Lord Chan ' cellos, with the assistance of the law officers of the Crown, were the proper persons to propose such measures of law reform as were to be submitted to both Houses of Parlia ment by the Government of the day, and the change in the ' 'business, which the Lord Chancellor used to perform, would now enable that functionary to give, when Parliament was ' not sitting, much of his attention to measures of legal re form. He could not allow his hon. and learned friend to propagate this idea about the necessity of a department of justice without rising to offer his protest against it. The hon. and learned member for Suffolk, about four years ago, said he would submit 18 bills to the house, and that, in 18 months, the statute law of England would be consolidated. He had ventured to say that that would not be effected in 18 years, nor as long as any man then lived. The whole proceeded on an erroneous principle. What did the hon. and learned member state last session ? That he was prepared to lay 93 bills en the table of the house. In what period did the hon. and learned member expect to pass those 93 bills ? Did he expect that the house would pass them 'without examination ? and, if the house examined them, how many weeks or years would it take to pass these 93 bills? (Hear, hear.) He quite agreed that it was discreditable to have one state of the law in England and another in Ireland : but he wished to point out the difficulties attending any attempt to carry into effect those mere theories. Mr. L. KING observed that since the Attorney-General was last in office the Statute Law Commission had been ' annihilated, and now there was an opportunity, ho hoped, not for another job, but for a more practical commission or body of men to set to work to reform the law. He wished to ask the late Attorney-General for Ireland whether the bills he had moved to introduce were not precisely the same as had been over and over again submitted to the house, and never passed into a law ? Was it creditable the way in which things had been going on. The late Statute Law Commission expended £23,000 or £24,000 without any result, and the former Commission expended £50,000. He hoped that the house would take up the question, and pro ceed on a fixed plan. He was quite satisfied that the first step to be taken was to expurgate the Statute-book, and then to proceed to consolidate. That was the plan proposed in this house by the present Lord Chief Justice, when At torney-General. (Hear, hear.) Mr. BOWYER contended that the consolidation of the statute law was utterly impossible, unless the house, which by its constitution was unequal of itself to undertake the duty, would be content to remit its performance to persons whose studies and qualifications pre-eminently enabled them to cope with the difficulties with which it was sur rounded. He asked how it was possible for a large pro miscuous assembly like that house to enter on such an in vestigation and sustain it to a successful completion. If the house could not trust a commission composed of a num ber of learned persons to execute the task of consolidation, was it likely that it would trust its performance to a com mittee chosen from among its own members ? (Hear.) The Attorney-Gen„eral proposed what he called a Department of Justice, but it had never yet been decided what that meant. (Hear.) What the Attorney General called a De partment of Justice was, in fact, a Department of Legisla tion, whose duty it would be to draw up bills for the con solidation of the law, and afterwards to submit those bills to Parliament. Was not that the very thing now being doneby the Statute Law Commissioners ? He would re mind the house that in the two most remarkable instances in history of the consolidation of the law the work had been done by a commission. He referred to the consolidation of the Roman law under Justinian and of the French law under the first Napoleon. The consolidation of the Roman law under Justinian was conducted b y commissioners con stituted precisely as our Statute Law Commission now was. The Roman commissioners might have been more eminent persons perhaps, and better remunerated ; the work might have been done in a more comprehensive manner than the kindred one was now proposed to be executed by us, but still it was done through the intervention of a commission. The consolidation of the French law under Napoleon I. was also done by a commission; and afterwards discussed in the Privy Council, in the presence of the Emperor, precisely in the manner in which such a scheme might be discussed in that house. With these two great instances before Them, he asked why it should not be possible to constitute a commission with sufficient powers to investigate the whole subject of the statute law, then to conso lidate that law into what might be called a code, arranged under certain heads, and finally for the Govern ment to submit it to the consideration of Parliament. (Hear, hear.) The house was greatly indebted to the late Attorney- General for Ireland for having grappled with this subject, and for having introduced the bills under con sideration. He (Mr. Bowyer) contended that tho house must make up its mind to take this work upon trust, for, if they did not, they would only squander large sums of money in printing and in salaries, without obtaining any satisfactory result. (Hear, hear.) Mr. COLLIER said up to this time the house had been trying how not to do this work of consolidation. The ques - tion now was how to do it. (A laugh.) The Statute Law Commission, composed though it was of very eminent men, but still men whose duties were various and the demands on whose energies were manifold, was unequal to the task. The consolidation of the law required the whole energies of the ablest men who could be selected for the task. We had never yet tried the expedient of a Department of Public Justice, composed of the most eminent men, whose sole and undivided energy should be devoted to this great work. Until we adopted that means the task would never be per formed, but when we once had recourse to it he had no doubt that in a few years our statutes would be consolidated Sir F. KELLY felt that he owed it both to that house and to some few individuals without its walls to explain what was really the present stare of this great question of the consolidation of the statutes, and to endeavour to re move some misapprehensions which existed with regard to it. Of the 40 volumes containing the statutes of Great Britain, not more than four consisted of statutes in force and operation ; the remaining 36 were filled with Acts of Parliament which had expired, or become obsolete, or were for some reason or other not in force. In addition to this it must be remembered that the statute-. on any given sub ject were entirely unconnected, and, therefore, to ascertain the law upon it you must either study a text book or hunt through all the statutes from Magna Charta to the present time. Under these circumstances it was not remarkable that from the time of Lord Bacon numerous attempts should have. been made to reduce our statutes into such a form that what was the law upon any subject might easily be found upon the statute-book. Hitherto all such. attempts had failed. The Statute Law Commission was originally appointed in the year 1853. That commission expired, and in 1854 a new one was appointed, which, chiefly under the direction of Lord Cranworth, had con tinued its labours with more or less activity to the present time. Nearly three years ago he stated in that house that if the plan adopted by the commission was - carried into effect there was no reason to doubt that the statute law of Eng- land, to which their attention was then confined, might be neap and with India (in continuation of papers presented consolidated within the space of three years. At the same on the 29th of June, 1858). time, however, he stated that to the accomplishment of SALE OF GRAIN. that task there would be necessary the cordial co-operation Mr. M 'CANN obtained leave to bring in a bill for the not only of the law officers of the Crown, but also of the sale of grain, flour, meal, potatoes, &c., wholesale and re- Government and the Legislature. A plan was proposed to tail, by the pound avoirdupois, its decennial multiples, and the commission which had been to a considerable extent aliquot parts. acted upon, and in accordance with which 93 bills were now ready, or nearly ready, which would consolidate the whole of the criminal statute law, the whole of the mercantile statute law, and the whole of the real property statute law. The first question which arose in the work of consolidation was whether the Houses of Parliament were to accept any portion of the work upon trust ; for if the 300 or 400 bills to which the statutes at large might be reduced were to be debated in committee like ordinary measures of legislation, the lifetime of the youngest member of that house would not be long enough for the completion of the work. Sup posing, however, the house was disposed to assume that the bills prepared under the sanction of learned and emi nent persons contained a true consolidation and re-enact ment of the law, the important question arose whether, concurrently with the consolidation of the statute law, they should attempt to amend that law. If all the projects for the amendment of the statute law which might be sug gested were to undergo consideration, it must be obvious that the task could not be half performed during the life of the youngest member of that assembly. It was evident either that some scheme must be devised for submitting to the house bills comprising the consoli dation of the statute law, with such amendments as were likely to be acceded to without any considerable dis cussion,- or the whole undertaking must be at once and for ever abandoned. An hon. and learned friend of his on the opposite side had suggested that the task should be com mitted to a Board, or to a department of Justice, who, do • voting their entire time and attention to the subject, would be able to arrive at a complete consolidation of the law. He might observe that no blame could be cast either upon the Statute Law CommissiOners, or upon the late Government, or upon the Goverement which had preceded them, on the ground that no further progress had been made in this matter. The Statute Law Commission had produced re ports and draughts of bills, which it would be found, when ever the proper time for their consideration might arrive, had nbt only laid the foundation of any scheme of consolida tion that was practicable, but had totally and for ever re moved all the substantial difficulties in the way of the complete execution of this great undertaking. He hoped the time was not far distant when, under the auspices of his hon. and learned friend the Attorney-General and the present Government, the task would be undertaken, and it would then be found that the reports of the Statute Law Commissioners, together with the expurgation of the sta tutes—pointing out all the parts of every statute which were repealed or expiring—a work now nearly completed, had rendered the duty consolidation comparatively easy. Neither the Statute Law Commissioners, nor the late Government, nor the preceding Government, were open to censure on the ground that more had not already been accomplished, for bills, eight in number, comprising a consolidation of the whole criminal statute law of England, had been prepared under the administration of the noble lord opposite, and notice after notice was placed upon the votes by the Solicitor-General of his intention to submit those measures to the house. When the late Government acceded to office he (Sir F. Kelly) undertook to bring for ward the same bills with some alterations and amendments, but the pressure of other business—particularly the India Bill—rendered it impossible for him to call the atten tion of the house to the subject last year. He had endeavoured to bring forward this question this year, but it was intimated, in a short debate on the subject, that it would be desirable to assimilate the law of England and Ireland, and that important task was undertaken by his right hon. friend the late Attorney-General for Ireland, with the assistance of the late Lord Chancellor of Ireland, and other learned persons in that country. After much dif fieulty and labour they had succeeded in combining in one set of bills, eight or nine in number, the complete consoli dation of the criminal statute law of the two countries. These measures had now been submitted to the house by his right hon. friend, not with any idea that he, no longer a member of the Government, could carry them through the house, but in order that the house might see that the sub ject had not been overlooked, and that they might be able to understand the scheme of consolidation emanating origi nally with the Statute Law Commission, and which was now adopted by many of the most eminent and learned law yers and statesmen in this country and in Ireland. When these bills had been considered by the house and by the Government he hoped they would hear from some member of the Administration whether this important undertaking —the consolidation of the statute law—was to be entirely and for ever abandoned, or was to be at last attempted upon principles which he hoped would receive the sanction of the house and the approbation of the public. He would only express his entire conviction that if his right hon. and learned friends opposite, supported by Government, would apply their minds to this great task, they would succeed in accomplishing it to the satisfaction of Parliament and of the country. The SOLICITOR-GENERAL had heard with surprise from his hon. and learned friend the member for Walling. ford the opinion that it was impossible to consolidate the statute law. 'Why, the task which his learned friend pro nounced to be impossible had been actually and most suc cessfully accomplished by the Legislature of New York. The question really was as to the best mode of proceeding under the circumstances. The discussion arose upon the introduction by his right hon. friend opposite of bills, which, as he understood, were intended to assimilate the statute laws of England and Ireland. He was of opinion that the time had come when the statute law, and especially the criminal law, of the two countries should be as much as possible assimilated. The late Statute Law Commission had, he thought, been rather hardly dealt with by his hoe. and learned friend. The Statute Law Commission had gone on this principle—that the consolidation of the criminal law should inthe first instance be proceeded with in Parliament, and that if the effort was successful, then they should pro ceed with the consolidation of the whole law. In pursuance of this view, bills were introduced, and passed the House of Lords, and he believed those bills would have passed through that house also had not a change of Government taken place, which for the time put an end to legislation on the subject. He believed that great difficulties would lie in the way of an assimilation of the statute law of both countries without previous separate consolidation being carried out. (Hear.) He concurred with the Attorney-General, however, in giv ing his best wishes to the object which the right hon. gentle man had in view. He also agreed with him in thinking that consolidation would never be properly effected till there was a department—either a minister of justice or some other functionary or functionaries—which could take up and ac complish the task. (Hear, hear.) The proposal for such a department came from the late Lord Chancellor of Ireland (Mr Napier), and it was received with favour on both sides of the house. It was therefore hardly fair on the part of his hon. and learned friend opposite to tell the Attorney-Gene ral that in recommending such a department he was riding a hobby. If there was a hobby, it was that of the late Chancellor of Ireland, taken up, however, and approved by the whole house. (Hear.) He had only to say that, in so far as he was coneerned, it would be his care to promote as much as lay in his power the object which his right hon. friend (Mr. Whiteside) had in view. (Hear.) Mr. M'MAHON protested against the system of giving the Crown such an immense accession of influence and patronage as was given to it out of the administration of justice. In this respect the influence of the Crown had in creased, was increasing, and ought to be diminished. They had been paying the Statute Law Commissioners large sums of money for years, and - what had been the result ? The bills they brought f o rward were so wholly indefensible that no law officer of the Crown would have had the cou. rage to stand up and defend them in that house. There was no science, no skill, no knowledge shown in them, and they proved that it was a mere waste of public money to go on with. such a system. He believed that if the duty of consolidating - the statute law was taken up by hon. and learned members in that house—men responsible to Parlia ment and the country—more would be done in a few months than had been done for years. (Hear, hear.) That, in his opinion, was the best possible way of consolidating the sta tutes, and the sooner the Consolidation of the Statute Law Commission was got rid of the better. He saw no neces sity for a Department of Justice. In that house there was always the Attorney and Solicitor General of the present Government, and the Attorney and Solicitor,General of the past Government, and in the other house there were now five ex-Chancellors ' besides other law lords of eminence. The work ought to be done by these, without imposing any additional burden on the country. There was no such de partment in any country enjoying a constitutional Govern ment, and the house ought at once to scout the idea. Mr. WHITESIDE, in reply, said that these bills were not the crude productions of one man. They had been drawn up in Ireland, then submitted to the Home Secre • tary and the law officers in this country, and afterwards discussed and decided on by the Cabinet. The hon. mem ber for Surrey objected to loading the statute-book with new statutes, but he entirely forgot or passed over the fact that these 12 bills would get rid of no less than 264 statutes. The Attorney -General recommended the house to wait un til the new Department of Justice was established, but he would find it rather more difficult to induce the house to agree to that plan than he expected. (Hear.) He himself agreed with those who maintained that the work ought to be done by the Lord Chancellor for the time being, and certainly with so many men of eminent abilities in the other house, who had devoted so much time to the subject of law reform, there was no need to increase the public bur dens by the creation of any such separate department. To pass zeal° such measures as he had prepared woulsleredoura to the credit of any administration, and if the Attorney- General would adopt and -improve his bills he should have his best thanks. Mr. SLANEY believed that it would be greatly for the benefit of the landed interest if a commission were esta blished resembling the Encumbered Estates Commission, not compulsory, but enabling any gentleman to go before it and prove his title. He believed that such a commission would give the landed gentry the advantage of from three to five years' purchase in the value of their estates. Mr. r'el ALPOLE thought that if the house desired to Come to a sound conclusion relative to the codification or consolidation of the law; they would not facilitate the ob ject by bringing in dozens of matters not connected with that object. His right hon. friend (Mr. Whiteside) had taken so much 'pains in this matter that he should not be do d esia inghirblmjeunseteis of adoptingceunlesshe the' measurespressedupon he had proposedtheGovern for consolidating the criminal law of th e t wo countriesTehnet the first thing which the late Government had to consider was whether the law of the two countries ought to be assimilated or not. They agreed that it ought to be assimilated. They had next to consider whether the law of capital punishment ought to be amended and ameliorated, and this question also they answered in the affirmative. In the third place, they had to decide the knotty question of the conspiracy to murder, and herein it was agreed that ,the law of the two countries ought to be placed on the same footing. They had. next to consider whether the criminal law of the two countries might not be pl ac ed in competent hands in order to its b e i ng consolidated in one set of statutes, so that Parliament might adopt the consolidation so recommended to it without referring it to do )artments or a commission. It was thought that this could be done. Measures of this kind ought to be carried thrc uga the house upon the respo ns ibilit y o f the Government—(hear, hear) — and he would ask the present Government and the Atter ney-General to consult the criminal law of England and Ireland, and see whether the bills of his right lion. friend were not deserving of adoption. If the Attorney - General thought the bills good he would advise him to take up the subject at once, and he could premise him the utmost sup port on that side of the house. (Hear, hear.) They might then have one consolidated set of statutes for the whole criminal law of the country. This would be a good be ginning, and they would sooner arrive at a consolidation of the other statutes than if they talked of referring the ques tion to departments, commissions, and other modes of stav ing off this important subject. (Hear, hear.) Mr. W. WILLIAMS said that there were sever ex- Lord Chancellors in the receipt of £5,000 a-year who would no doubt assist in a work of this kind. Leave was given to bring in the bills, which were after- TELEGRAPHIC COMMUNI- AwiardpsirTeaEditaßfiArsNt tEimAeN. CATION. On the motion of Mr. CRAWFORD, an address was areed to for copies of further correspondence respecting the esta blishment of telegraphic coramwlication i 4 the Neditorra- BIBLE BOARD (SCOTLAND). Mr. DUNLOP moved an address for copy of the Royal Warrant constituting the Board of her Majesty's sole and only master printers in Scotland, commonly called the Bible Board of Scotland; and of :the letters of instructions directed to the said Board ; and of the several reports from time to time presented by the Board to her Majesty. The motion was ageed to. METROPOLIS GAS. Sir J. SHELLEY obtained leave to introduce a bill to regulate the proceedings of gas companies and others sup plying the metropolis with gas. LUNATICS. Mr. WALPOLE moved for the reappointment of a Select Committee to inquire into the operation of the Acts of Par liament and regulations for the care and treatment of lunatics and their property. The right hon. gentleman said the former committee had proceeded a great way with their inquiries, but had not completed them when Parliament was dissolved. He believed all the members of the late committee but one were members of the present house. The motion was agreed to. SUPPLY. The house having resolved itself into Committee of Supply, Lord PALMERSTON moved that Mr. Massey do take the chair. No other name being mentioned, Mr. Massey took the chair amid some cheering. The paragraph of the Royal Speech relating to the esti mates having been read, Mr. LAING moved that a supply be granted to her Majesty. • Sir H. WILi,OUGHBY asked whether it was intended there should be any financial statement before a vote of money was taken ? A year and four months hid now passed since such a statement had been made, and it was most important at the present time that an accurate account of the expenditure and income of the country should be made to Parliament. Lord PALMERSLON begged the hon. baronet to repeat his question on Monday, when the Chancellor of the Exche quer would, he hoped, be in the house. (A laugh.) The formal motion was then agreed to, and the house re sumed., NEW WRIT. ' Upon the motion of Mr. BRAND a new writ was ordered to issue for the borough of Marylebone, in the room of Sir B. Hall, now Baron Llanover. The house adjourned at half-past seven o'clock. COUNTRY MARKETS: MANCHESTER-JUNE 30. The wheat trade since our last, under the influence of fine weather and large arrivals of wheat and flour from France into Liverpool, has been exceedingly inactive, with scarcely any transactions taking place, and the prices are little better than nominal. BIRMINGHAM-JUNE 30. There was a limited quantity of wheat on offer, but we must quote a decline on previous rates, with a ♦ery dull trade. Beans and peas had a slow sale, but no change in price from last week. Barley the same as last week. Oats in moderate demand, and tending downwards. LOUTH—, Wheat realised rather more 3 and the demand was pretty ft quired after at late rates. \Vheat 40s to 46s I Oats.. 22s to 2 4 s White do ..47s to 49s Beans 44s to 48s Barley 35s to 37s I Ditto, old to —s JUN 29. money than last Wednesday, Irm. Oats and beans are in- BOSTON-JUNE 29. There was a fair show of wheat from the farmers, with an inactive trade, at is to 2s per qr. advance. The trade in barley was slow at last week's rates. Beans were in limited supply. Oats were unaltered in value. Wheat .46s to 48s Oats White do .50s to 52s Beans 44s to 488 Barley .28s to 40s Peas ....—s to —S ,TON—JUNE 29. I and higher prices demanded, NORTHALLER' The supply of wheat limited but little business transacted. Wheat, white-6s Od to 6s fed Barley.. 4s 4d to 4s 6 1 Ditto red.,.....5s 3d to 6s 6d I Oats STOCKTON-ON-TEES-JuNE 29. There was a good supply of wheat to-day, with a mode' rate show of other grain. Sellers asked more money. Sales slow at the following prices —Wheat, 48s to 53s per quarter; red, 44a to 46s ; the barley trade was slow, at quotations ranging from 31s to 33s per qr. ; oats, 24s to 30s per qr. ; beans, 46s to 528 per qr. GLASGOW-JuNE 29. This day's market was tolerably well attended. Wheat and flour sold in retail, and we merely repeat previous quo tations. Barley, beans, oats, and oatmeal improved ahout 6d per boll and load respectively. EDINBURGH GRAIN—JUNE 29. Sales were ready to-day, wheat and barley selling better. Wheat on the top is Od down ..average Os 4d up. Barley on the top Os Od down. average is Od up. Oats on the top Cs 6d up Beans on the top Os 9d down. .. average Os 2d up. Averages per Imperial quarter. Wheat Barley Oats 1 7 1 1-12ths Beans Total Supply and Sales. Wheat .1313 qrs Sold 992 qrs 8ar1ey........ 198 qrs Sold 128 qrs Oats .1143 qrs Sold 866 qrs Beans 4B qrs Sold 42 qrs DERBY SMITHFIELD-JUNE 27. The supply of fat beasts to-day was a full average one ; prices were rather higher than last week. Sheep were in large supply, and lambs numerous. Calves plentiful. pip in largo supply. Beef 7d to 7d 1 Veal 6d to 614 Mutton ... eld to 7;d Pork Lamb Bd to —d Rough fat, 5s Od per stone Hides, 34d to 51d; calf skins, 6d. to 61d. EXTRAORDINARY DISCOVERY IN FIRE- _4 RMS. Some interesting experiments were made a few days since at Vincennes, to ascertain the accuracy in firing and the distance traversed by a new mus ket bullet proposed to replace the bullet fired from the rifles with which the Chasseurs and Zouaves are armed. It is said that this new ball, indepew dently of its superiority both in precision and dis tance, offers the remarkable advantage of being fired from a smooth barrel, by which the rifle barrel may be dispensed with, which is so trouble some to keep clean during a campaign, and is so difficult to load. General Courtigis, Inspector' General of the Imperial School for Teaching to Fire, who has given a favourable opinion as to the merits of the new ball, directed the experiments, of which _the following are the results :—Of 100 balls of the old fashion fired from a rifle at 600 yards' distance, 43 struck the target, and 14 balls at 80 yards. Of 100 newly-invented balls fired from a smooth barrel, at 600 yards, 65 struck the target, and 39 at 800 yards—being a difference of 25 per cent. in favour of the new ball. A still more e%" traordinary fact is, that the new ball will kill at a distance of 1,500 yards, while a rifle ball is not effective at more than 1,000 yards. Major Nessler , the present director of the Imperial School of Firing, is the inventor of the new bullet. [AnvErrisEmENTO—lt is with pleasure we notice the daily increase of cures without medicine of indigestion (dyspepsia), flatulency, constipation, nervous, bilious, and liver complaints, cough; asthma, consumption, an d debility, by Du Barry's delicious Revalenta Arabica. We quote the following :—Cure No. 52,087, Field Marshal Duke of Pluskow. of a gastric inflammation of the stomach. Curt No. 51,6 U, Baron de Polentz, Prefect of Langenau, of many years' horrible sufferings of the nerves and an obsti nate constipation. Cure No. 48,721, General Baron do Zuluskowski, of many years' fearful disorders of the diges tive function. Cure No. 71, of dyspepsia, from the Right Honourable the Lord Stuart de Deem :—" I have derived considerable benefit from Du Barry's Revalenta Arabica Feed, and rot/Rifler it ttre• to y °kit ociTeff and the public to authorise the publication of these lines.—Stuart de Dccies: In tins, at ls. 6d. ; 11b., 3s. ; 21b., ss. 9d. ; 51b., 125.; 121 b., 265. The 101 b. and 121 b. tins carriage free, on receipt of post 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 and 451, Strand ; 49 and 60, Bishopsgate street ; 85, Tottenham-court-road. Also at Dublin/ Bewley and Draper ; at Edinburgh,' Raimes and Co.' at Liverpool, Nixon and Thew; at Manchester, Sharp anti Scott; at York, Raimes, Blanchard, and Co.; at South ampton, Randall and Son. BIRTHS. C.KuEv.—On the 29th ult., at 16, Cambridge-terrace, the wife of Major R. Carey, 40th Regt., of a son. DAVIDSON.—On the 26th ult., at Aberdeen, the wife of - Alexander Davidson, Esq., of Dashwood, Aberdeenshire, of a son. MoNTErionE.---On the 27th ult., at Charmouth, Dorset the wife of the Rev. T. L. Montefiore, of a son. RICKETTS.--On the 29th ult., at 65, Grosvenor-place, the Lady Caroline Ricketts, of a daughter. MARRIAGES._ CAMPBELL---CAMPBELL.—On the 29th ult., at St.George's f Hanover-square, Captain the Hon. Henry Walter Camp bell, Coldstream Guards, youngest son of the Earl of Cawdor, to Fanny Georgina. eldest daughter of Colonel George Campbell. FELLOWES—ToD.—On the 29th ult., at St. Thomas's Chapel, Edinburgh, Captain Charles Fellowes, R.N., to Louisa Garden, the fifth daughter of the late John Tod, Esq., of Ainslie-place. DEATHS. BEARD.—On the 28th ult., at 3, Glouce3ter-gardens, N.W., Charles J. J. Beard, son of the late C. B. Beard, of 12, Euston-road, aged 24. BLUNDELL.—On the 28th ult., at 80, Piccadilly, Ann, the eldest daughter of the late Major Blundell, aged 81. DEWE.—On the 25th ult., at the Vicarage, Weybridge, Suffolk, the Rev. William Dewe, vicar of the parish, aged 63. HEIGIIINGTON.—On the 22d ult., suddenly, at the Cottage, Woburn, Bedfordshire, Edward Lleighington, aged 67. LANCE.—On the 28th ult., suddenly, Mr. Edward Thomas Lance, of 4, W e lli ng t on -place, St. Joh n ' s - woo d, age d 0. SIIERWIN.—On. the 28th ult., suddenly, Johnn G. Sherwin, of 5, Cumberland-street, Curtain-road, aged 50. LoNnoil : Printed and Published by MURDO YOUNG of No. 112, Strand, Printer, at The Sun Office, No. 112, Strand, in the Precinct of the Savoy, in the county of Middlesex, Friday, July 1, 1859. I