The Sun. — London, England, 1856-07-08 00:00:00

ties of Lord Cottenharn, Lord Broug,hem, Lord St. Leon ards., Lord Campbell, and Lord Langdale, who, at differ ent periods, have recordei their opinion against the present system, and recommended changes, any of which would be better than that now proposed. Tnis is al usurped jurisdiction on the part of the House of Lords, ;led it Was so charactaiiseil by Lord Hale, Lord Holt, and Lotil Noiingliani. It was a jurisdiction originally exer cised by the King and his privy councillors, and a deci sion was arrived at, bat not through the Lords. Sir, of two things one must be done. Either the House of Lords proprio tigore,must endeavourto amendtheirjurisiliction; or, failing in that, they must frankly, openly, and honour ably, and with a view to the public good, abandon a duty Which they cannot satisfactorily discharge. (Hear, hear.) It has been suggested by many high authorities that it is quite a rupetent for the House of Lords, without our intervention, to endeavour to amend their jurisdiction. I believe they have the power to summon, not only the common law and equity judges, but members of the Privy Council ; and I Cannot see why, at the commencement of each session, the Lord Chancellor could not wake a classi fication of the cases to come before them and refer those to common-law and equity Segch judges and privy coun cillors. If that be found insufficient I know of no remedy within themselves which would lead to a more satisfactory solution, and nothing could remain but for them to aban don their jurisdiction. But of this lam sore, that things cannot go on as they do now. The public and the profession will not a!low it. Sir, the House of Lords is an assembly of politicians, :end it is wonderful to expect that Chancellors and ex-Chancellors who meet to debate in the evenings, sometimes with great keenness and bitterness—(a laeg'l)—sliduld meet in the morning. to agree in their judgments as if nothing had happened. (Heel-, hear, 2..n(1 a laugh.) Lord St. Leonards, in his able work on real property, says that to the science of law nothing is so injurious as (rebates on the law. And yet, in his honest eagerness, that noble and learned lord has broken thi oneh his own rule, and de fends his own decisions with remarkable ability and keen ness. (Hear, and a laugh.) I can give illustrations of the action of this political influence. There was the O'Connell case, in which the hon. and learned member for Enniskillen was counsel for Mr. O'Connell. Of the nine common-law judges, seven were in favour of the convic tion, and two against it. The case came to be decided by the law lords alone. The hon. and learned member for Suffolk was counsel for Mr. O'Connell ; but I believe we have his opinion that if it had been the case of an ordi nary mechanic the judgment would have been pronounced the other way. Vice-Chancellor Stuart has also given the opinion of my late lamented friend Sir Wm. Follett, that the souse of Lords on that occasion impaired their juris diction, in a manner never to be restored, by failing to put aside their political bias and upholding.the opinion of the majority of the judges. (Hear, hear.) Then there was the case of the Irish marriages. Ten out of the twelve judges in Ireland pronounced an opinion, and that opinion was upheld by the English judges; but it was by pure ac cident that that judgment was upheld by the House of Lords, as there was an equality of voices, and no judgment at all was arrived at—(hear, hear)—so that, literally, the decision was reduced to a matter of chance. (Hear, hear.) There was also the Bridgewater will case, in which eleven judges were called in. Nine out of the eleven agreed with the Lord Chancellor, and the Chancellor having decided in his own court, backed by nine judges, his judgment was reversed by the voice of four ex-Chancellors. The Scotch cases are more remarkable still, and this bill does not pro vide a remedy. But if there is to be a Scotch deputy, what would the people say to his deciding on matters affecting one-third of the property of the kingdom ? True it is open by the bill for the Crown to appoint a Scotch lawyer. But what is the administration of justice in Scotch appeals? Lord Erskine, after he had been raised to the Chancellorship, frankly declared that he knew as Much of the law of Scotland as of that of Mexico. My Lord Truro —than whom a more houesto upright man never filled the seat of justice— (hear, hear)—and who posse-sed a quality even more precious than learning—the strongest possible love of justice—(hear, hear)—was not ashamed to own his imperfect knowledge in this respect where justice Was at stake. (Hear, hear.) Lord Truro sat by sad compulsion for a whole session hearing Scotch appeals alone ; and, at the commencement, such was his deficiency with regard to the ractice recordine Scotch entails that he borrowed an el p ementar book oli p the subject to taee home with him. . The SOLICITOR-GENERAL.—That was on an Irish aPPeal. Sir J. GRATIAM.—Lord Truro was sitting in equity, and all his life he had been a common-law lawyer. (Hear, hear.) He sat for a whole session on Scotch appeals, and Such was his sense of justice, that during all that time be did not produce a single judgment. (Laughter.) The Lord J ustice -General of Scotland, in answer 1033, declares that appeals to the Hearse of Lords are undertaken on the spe culation as to the character of the tribunal at a particular time. The Lord Advocate, whom I see sitting here, has stated that ho has heard things avouched at the bar in the House of Lords is the law of Scotland which the youngest member of the House of Commons would be ashamed of, and that agents did not look to the merits of cases, but speculated as to the light in which English lawyers would view them. It is Said that a Lord Chancellor, who pre sided on the woelsick for years, with entire satisfaction to the people, pronounced judgments most consistent with justice, and redundant with learning. He kept his own counsel, but at last the mode by which he arrived at his decisions transpired. The Lord Chancellor said that after hearing a case he always retired to his closet before pro nouncing a decision, and he acknowledged that he affixed iv - number to the oases pro and eon, and having thrown a dice decided according as the numbers turned up. ("Hear, hear," and laughter.) Now, sir, it is to chance and spe culation that we are asked to give our sanction. The re formatory procese has been commenced by the Lords them selves, but I think that an inquiry into the appellate jurisdiction in the list resort would still be a useful and honourable employment. (Hear, hear.) If this bill be delayed by inquiry, we may remember that the session is drawing to a close, and that the appellate jurisdiction will not be called upon to decide upon appeals for some months to come: I have been asked to sketch a scheme of im proypeaaat by .iivnich the intervention of the House cf Cornations may ,be avoided. But if legislation be necessary let its begin de,novo, and consider how an efficient tribunal can be in-tituted. As b tween my 'vote for delay and for the bill I have no hesitation. If lam driven to it I shall vote against the bill ; but perhaes, on the whole, it will be butter to support the motion for a committee of in quiry. (Loud cries of ‘• Hear, hear.") Ml. ROUNDELL PALMER said the arguments which had been advanced in support of the bill were sufficient to justify bins in any opposition which be might give to it, if he felt so inclined. He considered however, that the sub ject waa one 7 that urgentlyrequired legislationond although he thought the bill' was weak iu its details, yet he believed they,*ere open to amendment, and if they were to go to a division on the principle of the bill, he must give it his Ruppert. He . did not believe the exaggerated representa tions as. to the defects of the jurisdiction of the House of Lords, although he was free to confess that there were many thlfects in it? They should reflect that they had to deal not with a mere question of prerogative, but with the question of the interests of justice, with the necessities of having 'courts of final appeal, which should be satisfactory to the suitors and to the public ; which should maintain the independence of the judicial system, so that such a ju dicature might bo enabled to stand at the head of the ju dicatories of the kingdom. The choice lay between the removal of the power of appeal altogether from the House of Lords, or the appointment of officers of a new class such as the bill proposed. It wastheir first duty to consider the effect the bill would have in the administration of justice. On th a t po i nt of view he should approach the qUestion. Such he believed would be the real alternative, but as re garded the principle of the present measure he would not ta!:e r the alternative. His hon. friend had proposed to classify the casen of appeal into Scotch, Irish, colonial and so ou, and would constitute a committee of Scotch and Irish lawyers, equity and common law lawyers, and dele gate to th em t h e appellate jurisdiction. Th i s was to g i ve -the`determinatiion of the appeal to the very judges from wheel the apptaal lay. If this was the case, they would not want any court of appeal at all. Thera was already -the Court of Exchequer Chamber, which would answer the.same purl? , ise. This principle was simply that of solv ing the difficulty by cutting the knot, and saying that no court of appeal, was wanted at 'all, and that everything could be (lone 'by courts now sitting. There remained the removing the appeal to the Judicial Committee of the Privy Council,. Now that committee was composed of judges who bald their teunre at the,pleasureof the Crown. The effect therefore of constituting this appeal in the Privy Cour - is:it would be this—that the judges of ultimate • appeal would be removable at the pleasure of the Crown. So that, while all the lower steps were independent of the Crown, the. highest court of appeal would be dependent on it. This might appear to be a mere question of form, but such que s ti ons were li a ble at any t i me to big turned slnto s questions of grave political importance. There was this practical objection to the proposal—that you meet first destroy, and then reconstitute the Judicial Consnaittee of the Privy Council—a court the merits of which the country bad long acknowledged. A new court must be constituted, exercising 'new judicial powers. Now in framing a new court, they must bear in mind the diffi culties of constituting a new court of appeal for our colo nies.. When the conetitutiors of those colonies was first framed, there was nothing unconstitutional in the Court of Privy Council as .a court of appellate jurisdiction from _the colonies. But if they were to create a new court, there 'would exist serious &dr notions on the part of the colonies , :to tills new court of appeal. Then, again, after all, was the traditional respect for the judicial power of the House of Lords so utterly baseless, and was there nothing in the courtiof appeal bei ng connecte d w ith one o f the great branches of the Legislature? Did the judicial system suf fer from having its root in, the House of Lords—so inde , pendent of all ber influences whether of the Crown or of anyeither ? He believed th a t th e j u di c i a l sys t em ga i ne d Su dignity, vigour, and stability from its association with the House of Lords; while that house gained equally in dignity and stability from its association with the court of ju icature, He could not help asking the question, if they could e s t a bli s h a court of appeal in the House of Lords, w ou ld i t not be better to try to do so than to ven ture _ on new exper i ments elsewhere ? As to the bill itself 'hoes right h on . f r i end objected to the bill on two grounds f principle, which were these : the manner in which the question of life peerages was dealt with, and the recogni tionb of the practice he practice in v ol ve d i n th e p resen t judi c i a l consti tutiott fthe Ho use o f L or d s. A s t o th e fi rs t , th ey were me • ti cross arguments. On the one side it was urged .eera t; g"cno powers to th e Crown in the creation of life togativ e ges.'and on the other that they diminished the pre taltner) was G by limiting e these peerages. Now he (Mr. R. , right t o opinion lepee t r h a a g t es t . he u C n ro t w il n t h he ad h an te u d n e d b o a u te bt n e o d • doubt was sate toast itin ardent now as ever expressed on th e su bj ec t. O n e noble lord, the at against this principle, had in his judicial capac case of the Devon peerage, maintained not . Only that th e C rown had the power of creating life-peer g" es , but of ma ki ng t h em d ur i ng the lifetime of another Peer. Th e power of the Crown in creating peerages had Passed th rough so many modifications that it was im- Ns to exc l u d e t h e power o f creating life peer ages. Vane in l a t e L or d Londonderry sat as Lord • in. the House of Lords, with the express limitation. to . a younger child . by a second wife, and ''..di_fecr.rtylle Principle had been carried out Lord London anioolniedyitiona. would not have been able to sit in the house under He would add that, whatever might be "t i e low. of those who advised the Government on the te of Lord Wensleydale, there could be no doubt that th e Lord-Chancelloras actuated by the object of • •pi,roviding for what the bill itself was intended to provide, the Lords. ' "Pl'il'ing a want in the appellate tribunal of ocnr.otwhe_ other n hand, lie did not think the prerogative of the stantial s of i tsa l e urd by this bill. He thought that the preroga tive of Crown might safely be given up for some sub . the prerouPP9rt in the absence of any power of enforcing Lords. creating life peerages in the House of C rown shouk ivas there any sound practical reason why the tation its was int of ended be advised to refuse its consent to this limi: prerogative. It w as no t a pr i nc ipl e which to i neet to be wid e ly a ppli e d—i t was on l y i n t en d e d Crown haa,libiractical difficulty. Th e p reroga tiv e of the b P i e s e h rs_, and o oeen wpist!d u. im nd t e h r e a c n ase a s et o o f flrpisahrliaanindenStc, theotch °P3 were limited in their number in the House of • , _. . -Lords. There was, therefore, nothing unconstitutional in regulating the prerogative of the Crown in the matter of peerages. He regarded this bill as a means of supplying a judicial want. It would be a consistent course to uphold the prerogative within the limits of this act, and at the same time to limit it in the direction from which danger was apprehended. His right hon. friend had drawn such a picture of those who would obtain this questionable power, that he (Ir. R. Palmer) could not help suspecting the reasoning which supposed that, under such& bill, they would go qn overleaping the barrier till e v ery man would have the finger of scorn pointed at him who accepted those honours, and yet the army, the navy, and all the profes sions, till they came to that to which his right hon. friend himself belonged, would go on demanding to have these honours, such as they were, conferred upon them. Really, no one wouldjaccept life peerages unless on the ground that they were more acceptable to themselves than hereditary Peerages. The descendauts of a man who had accepted an. hereditary peerage without the means of supporting it e would not look back with gratitude on the founder of this peerage, and would wish that he had eonteuted himself with a life peerage. As to the Court of Appeal, it must be chiefly composed of lawyers. Now, all experience showed that you cannot always command a sufficient number of lawyers ready to accept hereditary peerages. * One reason why lawyers made large fertunes in former times was that there were means incidental and irregular of g 'Wag money, all of which were cut off now. All that was done now must be by the legitimate means of honest labour, and the consequence was that very few of those large fortunes of old were now built up. Once they were, there could be no reason for not allowing the Crown to create an hereditary peerage in that instance. No one who should go through the fortunes of a lawyer for the last seventy years could fail to see that it would have been far better if, in most instances, hereditary peerages had not been taken. Only one colossal fortune had been raised—thst of Lord Eldon. If this was so, it would be better even for those who should rise to be the ornament of their , profession not to accept hereditary peerages. The result ha I been, that for many years very few hereditary jieerag et hart been conferred upon lawyers. The remedy, even if Lord Wensl-ydale's creation had been ac •epted, must have been imperfect, because there would still have been no compulsory attendance, while practical, regular, ordinary attendance of persons willing to give their con stant attendance to business, could not be secured with out the payment of salaries. Still, he thought that many of the details of the bill were defective. The number of judges under it was too small, ao that they would hereby have to apply again to Parliament for a larger measure. It likewise only gave the judges the salaries, of puisne judges,, 5,00/. a-year. These were points which they might con-ider and amend in committee. The principal was that they should msintain and improve the judicial constitdtion of the House of Lords, and on that principle he should vote for the second reading of the bill. Mr. COLLIER admitted that the measure, as it stood; was imperfect ; but its opponents had none of them agreed as to what ought to be done, or suggested 'a remedy for the existing state of things. That being the State of the oppo sition,to the measure, he looked at the bal and found it a practical measure, which went some weer! to meet the evil with which it proposed to deal. The main grievance in the preient system of the House of Lords was, that there was no regular attendance of those who were the judges. The bill proposed to -bespoint three permanent judges, who were alWeys to attend the sittings of the house, and who were : to form a tribunal, the Sittings of Which would be co-exte.nsivein duration with those of the courts from which the causes before it came. If the suggestions made by the Solicitor-General before the committee of the House of Lorarf had been attended to, he believed they would have met all the exigencies of the case, and if no one else did so he (Mr. Collier) should in committee endeavour to adapt the bill td those suggestions. He should support the second reading. Mr. J. G. PHILLIMORE objected to an argument which had been used in favour of continuing the appellate jurisdiction of the House of Lords, that it combined legis lative and judicial functions, which he declared to be an anomaly and opposed to every principle of a free constitu tion. He urged that , the judicial functions of the House of. Lords were a usurpation. In the time 'of Charles 11. an attempt was made by the House of Lords 'k/ get an original juriedietion, which they had ro a certain .extent acquired during the Long Parliament; but it was strenuously op posed by Lord Hale. After Hale died, the Hohse of Com mons, rather than see causes decided by such persons as Charles 11. would have appointed, acceded to the usurpa tion. of those functions by the House of Lords, which were - now talked of as if it Would be sacrilege to touch them. It was the duty of the House of Commons to gat a competent tribunal of appeal by the payment of any sum of money, but it was bound not to continue to support an inefficient and inadequate system. Lord J. RUSSELL—I confess I could have wished to hear from the Solicitor-General some other reasons in sup port of this bill than those which I have as yet heard. In deed, it appears to me that two very great authorities who have spoken in favour of the bill have, by their speeches, rather tended to increase the doubts of those who are unfa vourable to the measure than to confirm those who are anxi ous to hear reasons in favour of it. The Attorney-General almost made an apology for introducing the bill. He said it was not what it ought to be, and that what he desired was a bill which would erect a tribunal of appeal quite in dependent of the House of Lords. (Hear, hear.) The hon. and learned gentleman pointed out how much better such a tribunal would be than that created by the present bill, and he did not state to the house any reason against such a measure, except that the House of Lords were deter mined to go against reason, to overbear , all the motives of justice and expediency, and to stand by their - appellate jurisdiction, however mischievously it might work to the country. (Cheers.) I must confess that would give one a very bad notion of the House of Lords, and I cannot but think it weuld give the country a bad notian of the House of Commons if, acknowledging the measure to be bad— knowing that it has been recommended to us as a bad measure—we were, nevertheless, to accept 'and adopt it in its present shape. (Hear, hear, and cheers.) Then we were told by the honourable. and learned mem ber for Plymouth—and I was glad to hear his remarks, b iseot e plre c : a ti auh. formed —that ne s e e oj, stu :i they hgnoel ysu e lt o wdo i o n b-u c i eitl i f d dai e pns d p, the o 0 oto with z app oi n t ers, the e p da o o : s uy e bse deua but more o t tribuna l o p inion i e b en n r a t w i hla w hich were inadequate c l a e h tn r w e d l e t h h o pe a b e d asp e adu m l c :t r er y y e dy - - - tutamt members sess were added salary . to w wore larger, tribun .1 7 and eue bill two b more e th e e re b n il l would be a miserable failure. Bat we must Lice as we find it ; and, however much the hon. and learned gentleman may wish to amend it, I know net that the Go vernment would be prepared to adopt the alterations which he proposes. (Hear.) lam told, however, that the bill is the result of a bargain between the two sides of the House of Lords, and that we have nothing to do but to assent to it. Now, instead of inclining me to acquiesce humbly in such a bill, it does give me some suspicion of the measure to be told that it is a compromise between two opposite parties. (Cheers.) In the first place, in spite of the learned authorities which have been quoted, I have considerable doubt whether the pr posed remedy is absolutely required. I am told that the House of Lords is unfit to exercise the functions of a court of appeal, because very frequently the Lord Chancellor sits alone; because at all times the attend ance is uncertain • because there may be present two ex - Chancellors .or only ode, or none at all ; and, because the members o f ? the court ,do not appear in judicial costume: Why, Sir, the -greater part of these allegations refer to a state of things which has always existed, even when the country was most 'satisfied with the constitution of the House of Lords as an appellate tribunal. We have heard the names of Lords Hardwicke, Mansfield, and Eldon, more recently of Lord Cottenham, as well as of Lords Lyndhurst and Brougham, who are still alive; and I think no one can say that there has, not been from Lord Hardwicke down- Iwards almost a perpetual succession of periods in which men of great intelleet, of very powerful understanding, and with vast treasures of acquired legal knowledge have pre sided in the House of Lords. If that has been the case, I am disposed to think, when you are told by competent wit nesses, men, too, who complain of the exist ing system—that when Lord Lyndhurst presided in the House of Lords and Loids Cottenham, Campbell, and Brougham attended, it was a most powerful tribunal, and one satisfactory to the country, You are endeavouring to provide a permanent remedy for a temporary evil ; that those disadvantages which you are informed exist in 1856 may in two or three years hence utterly disappear - and that the tribunal may then be as much an object Of veneration and confidence as it has hitherto been. I agree with the hon. and learned gentle man who spoke last, that in the days of Charles IL the House of Lords in its judicial capacity was a new tribunal, and that Lord Hale was opposed to its appellate jurisdiction ; tbillie, re w ign hea of a t o ha m t u m e ho monarch a i m rc e h , 11 I a s m p u s a s t s e b d e s c i o n n e t e e t n h t e b tota c e e k in e rii t n h g ing o s f as they are now; and unless that appellate tribunel is quite unsatisfactory - unless I am forbed to look for a remedy—l [ must endeavour to be satisfied with its constitution as it exists at the' present moment. (Hear.) At the same time, it ap pears to me that there is great force in what is stated by several of the witnesses with regard to the Lord Chancellor sitt ng alone ; but I . think, with the Lord Justice Clerk of Scotland and the Master, of the Rolls in England, that an ac camplished and able man giving his full attention to a case, even though it may not relate to the particular law with which be has been most; conversant is likely to come to 0. , better decision than a tribunal of infe r ior men, though the y may be more numerous. (Hear, hear.) The instan ce which has been quot d from the evidence of the right hon. member for the University of Dublin is rather a proof than the reverse of the truth of that observation. Examine it for a moment. The right hon. gentleman says that Lord Truro, doming to sit in the House of Lords, was so ignorant with respect to a particular act of Parliament referring to Ireland —the Irish Registry Act—that he asked for a common text book to tales with him, in order that he might learn the A B C with regird'to ' that law. But the right hon. gentleman does not stop there, for he goes on to say that Lord Truro, having mastered the case, having made himself perfectly acquainted with that act of Parliament, came down to the House of Lords and delicired a most luminous and elaborate judgment. (Hear.) Therefore, Sir, it appears to me that your practice of selecting the ablest man iu the legal profession who be longs to the party which happens to be in power, of placing him at the head of the House of Lords, and of confiding to him the appellate jurisdietion, is not so utterly a failure or so entirely disgraceful an arrangement as some hon. and learned gentlemen' at the present day seem to imagine (Hear , hear.) I admit there are many I things with respect to which we might Maine both the LinxleChareellor and sdmo Of the ex- Chancellors who sit with ..laim, but they are matters of arrangement ewhich, with more care and , attention, and with a little more respect to - the publie, the noble and leafued lords themselves can manage. Instead of two neble - lordreffelivering -an egborate judgment, and a 'third saying that he was not aware the case was coming on that day, and was not prepared to give his decision, I think it would have bees respectful to the public and decorous to the parties whose interests were to be judged if the case had been adjohrned to another day. Again, Sir, great fault is found with respect to some defeats of manner, and a noble and learned lord, whose qualifications as a judge no one will question—Lord St. Leopards—is much blamed because he has beerf liven to slap the table with his hand. (A laugh.) Now really, Sir, are we going to alter the whole jurisdiction of the court of last resort because one of the judges slaps with his band upon the table I (A laugh.) These are matters which should be remedied by the noble and learned lords themselves. They should agree to sit together in judicial costume, if ne cessary ; they should do some things far more essential than those to which I have adverted ; they should, above all, very much diminish the expense of those printed copies and of all those preparatory proceedings which are now necessary before a case can 'ccue into the House of Lords. (Cheers.) Why, Sir, these are vestiges of the time when lay lords gave their opinions iu the house, and I have no doubt that three fourths of the expense might be taken away. (Hear.) There is another point to which the right hen. baronet the member for Carlisle has adverted, and which I know engaged the attention of Lord Cottenham. That noble and learned lord thought of re ets g es dur i ngs ithaten the judicialhheey recesssh e il l committee mr.aamake leiaa m report e o np f t e t ;r h t e t uhpa teHouseupon of, at tht hee several L op or e d n s esi n h . m g o u o m l f d ° tnshdii n cases they had heard ; and that then the House of Lords should be moved to confirm their report and deliver judgment accordingly. Why, Sir, that would remedy a great part of the evil complained of It is complained that, during a period of ' two or three months, most useful for judicial purposes in other , courts, the . House of Lords does not sit. I have shown how TUE SerTNI: LONDON; TUESDAY EVENING; JULY 8, 1.858' that might be remedied without any such alteration as that' now proposed. But, Sir, if I were to yield to the learned authorities which have been quoted in favour of a change, I should still remain of opinion that the prop sed remedy must result in making the tribunal worse than at present. (Cheers ) The Attorney-General spoke of the mischief and impropriety of a single Lord Chancellor sitting alone in the House of Lords and overruling decisions which the superior courts at West minster, or the Lords Justices, or any other tribunals much respected in tee country, have arrived at by large majori ties. Let us suppose another case. Let us suppose the Lord Chancellor, a very eminent man, thoroughly qualified for the duties intrusted to his charge, sitting in the House of. Lords with two pnisne judges, or persons holding the rank and receiving the pay of pnisue judges, and those two individuals overruling the decisions of the courts of common law, and of the Lord Chancellor likewise. It appears to me, Sir, that such a tribunal, instead of being an improvement, would be worsi than the one now in existence. (Cheers.) I can well'conceive that if, as the hon. and learned member for Suffolk has proposed, there was a tribunal of five persons—the Lord Chancellor. presiding at its head, and four judges receiving 6,000/. or 7,000/. a-year each—such a position might be an object of ambition to men learned in the law, and we might have a better court of ap- Inal than that which we possess at present. If a change is to be made, I should be in favour of such a change ; bit what I say is, either leave the Lords' appellate tribunal as it is —either leave that court of justice to make some improve ment in its own constitution and procedure —or, if you have a remedy to propose, let us have a complete and efficient remedy. (Cheers.) Let us have a Lord Chancellor, with four of the ablest men you can have, sitting as an appellate tribunal. If you can secure such a tribunal, trustworthy and efficient, I am ready for one to vote the necessary funds, and I might go along with the proposal of the hon. and learned member for Suffolk if a change is to be made. But I say, do not fell between the two; do not have a tribunal which is neither the House of Lords nor a good appellate tribunal chosen from the best men who can be found, but a hybrid creation which partakes ef both and does not satisfy the just expectations of the country. (Hear.) The tribunal which is to be formed is to sit in the House of Lords, and that ap pears to me to be the only thing in which it can be said to be the House of Lords deciding appeals. (Hear, hear.) The House of Lords, as the Attorney-General said, are very: anxious to maintain this tribunal ; but whet is it they are wishing to maintain ? We all know that 80 years ago the lay lords assisted in the judgments of the court of appeal. On the famous Douglas case some lay peers sat on the twelve days daring which the case was heard, and they gave their votes upon it. I happened to stumble the other day upon a speech of the Duke of Chandos, in which he claims merit to himself for having attended the legal as well as the general business of the House of Lords. The court of appeal was, then, either a good or a bad tribunal -but it woe at least a reality; it was really the House of Lords presided over by such men as Lord Camden or Lord Mansfield, and therefore not uninstructed with regard to the law, and deciding on these cases. That went on until the time of Lord Eldon ; but then, all ou a sadden, the house declared that two lay lords should attend day by day in order to make a quorum. Two lords, therefore, often attended at the beginning of a case, two more at the middle, and two more, who had not heard either the beginning or the middle, attended at the end. (Hear, and laughter.) Why then the mystery was un veiled; the arcanum imperil, was at once discovered. No body could then preteead that these were lay lords, hearing and deciding appeals; it was obvious that no one but the Lord Chancellor and the law lords gave their opinions on such subjects. Well, then, having got over this, the Upper House propose to go a step further, and they say, " Leave these lay lords out altogether ; let only the ex-Chaucelors attend ; let the Lord Chancellor sit with two other persons," who are not to be, as the ancient peers were, judges because they are peers, but peers because they are judges. (Cheers.) Why, that completely alters the nature of the tribunal, The Lord Chancellor sits iu one room with two Lords Justices, and that is the appellate tribunal of the Court ef Chancery. He sits in another room with two learned lords as Deputy-Speakers, and, because he sits in the same room in which the House of Lords sits iu the evening to discuss political matters, that is to be called maintaining the appellate jurisdiction of the lords. (Cheers.) Sir, I hope the home will not give its sanction to such a sham. (Cheers.) I really think the House of Lords, if they bad not been intent upon this bargain upon making this compromise would themselves have been ashamed of pro posing such a scheme as this, calling it the preservation of their appellate jurisdiction. (Hear.) I have mentioned that there is another question concerned in this bill, and it is a question upon which I am sorry to touch at all ; but it is impossible to avoid it, because the House of Lords have sent clown a bill in which that subject is touched upon. I mean the creation of peers for life. Well, that is a very grave ques but still in a position which many men who are eminent at the bar would not wish to occupy. I come now to my last objection to the bill, and that is that I think that its tendency is to offer to the puisne judges a temptation which ought not to be placed in their way. (Hear, hear.) By this bill a temptation is held out, especially to the puisne judges; they are told that they will have easy work, and that instead of being employed the whole year they will, if they obtain one of these seats in the House of Lords, be em ployed for only a small period of it, and at the same time they will suffer no diminution in their salary. Well, sir, I say that that is a change for the worse. (Hear.) It is a great merit, with regard to our courts of justice,, that the puisne judges do not look any further than to the retiring pension to which, after many years' labour, they are entitled. Upon the whole, I have come to the conclusion that, although I see no immediate or pressing urgency, however much I itiay differ from others in that opinion, for any great reform in the appellate jurisdiction of the House of Lords—for I believe that the House of Lords could themselves make such changes as would render their court of appeal satisfactory to the country, still if a change is to be made, I say let us have a change which takes away the tribunal of appeal from the House of Lords altogether—(l,ud cries of " hear, hear") — and let us establish a tribunal which shall be complete in it self, and which shall consist not of the puisne judges, but of the most eminent men that ca n b e f oun d in the profession. If it be necessary to introduce a judge from Scotland, al though I must confess that I have never been convinced of the advantage of so doing; then let one be introduced ; but at all events let us make the tribunal complete ; but, above all, do not, while you are amending the tribunal of last re sort, introduce another very grave and serious subject into the bill. Do not at the same time attempt to fetter the pre rogative of the Crown in a manner which may at the same time be mischievous to the country. If we were at an early period-of the session I might perhaps be content to say, let us send the bill to a select committee—but it is quite obvious that to sand it to a select committee in the month-of July would perhaps be a more polite but not less effectual mode of getting rid of the bill during the present session than by directly negativing it. For my own part, I approve the more direct manner of getting rid of it, and I shall, therefore, give my decided vote against the second reading. (Cheers.) The SOLICITORCENERIL said that every person who l end our ju i d n ici t a h l e i n ns e t n it s u e t e io f n L s, erd azd m e n s e p t ec h ia e l v ly e to desired improve to a t in h e heard with regret the animadversions of the right hon. baronet the member for Carlisle, and he must say he could not concur in many of the observation which had fallen from the noble lord the member foithe City of London. It had been said that the judicial authority of the House of Lords was a mere usurpation. Now it was impossible to con ceive a greater mistake. The-House of Lords bad always had a juri- diction to pace judgment on writs of error, and had been the tribunal in the last resort on all questions of law carried up from the courts of law in Westminster-hall. It was true that after the jurisdiction in equity was settled, a difficulty arose as, to the appellate tribunal from the Lord Chancellor. From 1685 they had the right to exercise that power, and it had been conceded to them without any ques tion. Tile question for consideration was whether assistance should be given to the House of Lords in the performance of its duty. It was the character of the people of this country to endure suffering very long, and it was the character of the House of Commons, when a remedy was proposed for a griev ance, for a great number of gentlemen to quarrel with the re medy, and thus leave the grievance unredressed. (Hear.) One of the inconveniences of the present system of the Lord Chancellor being the sole judge in the Court of Appeal was that hi , various other duties frequently compelled him to break up his sitting. ,Another was, that the appeals being on a variety of subjects, it was impossible for any one judge thoroughly to understand them all, and deliver sentences which would have the effect of the laws of the Medes and Persians. In the Courts of Qseen's Bench and Common Pleas a plurality of votes, and a plurality of minds, were recognised as their distiuguis'hing characteristics. And it was proposed that the same rule should be extended to the tribunal of last resort. (Hear) When Lor 1 Lyndhurst, Lord Cotteuham, Lord Brougham, and Lord Campbell attended the appeals there was no call for a different tribunal ; but now the at tendance'of more than one or two peers could not be secured. When Lord Eldon was Chancellor he was anxious that Lord Redesdale should sit with him, and in the time of Lord Hard wicke he was always desirous of having the assistance of another peer. The necessity of a change was now universally acknowledged. (Hear.) The House of Lords was anxious to give satisfaction, and our judicial institutions would be in a most unsatisfactory state if a proper appellate jurisdiction should not be established. Now, what was the remedy to be. resorted to? Deputy speakers had from time to time been appointed, and it was desirable to -render that perpetual which had only bees resorted to on a few occasions; and he would ask whether it was not better to accept the proposed mode of insuring competency and a sufficiency of mem bers than to pull down that tribunal and institute no one knew what? A most important but absurd scheme had been suggested by the right hon. bart. the mem ber for Carlisle— (laughter) —and the noble lord the member for the city of London had eulogised the time when noble lords, who had net studied the law, were solicited to take part in judicial decisions. But the noble lord must recollect the time when petitions were presented by handsome daugh ters and sisters, and suitors appealed to lords who had no bill. knowledge ßut f o ft whey y e raskede to to continueej e c reject theth e present system ? There was the greatest possible uncertainty with respect to the court of appeal of the Privy Council, and d 1 id w, so,' T w b e e re ho th u e se y prepared at the present moment the business of more than one court was suspended on account of the absence of the judges at the Privy Council on other business. This inconvenience would be greatly increased by the proposal which had been sub mitted by some hen. members. Was it not better, then, to preserve than to demolish, to repair rather than to destroy, an old institution of the country ? (Hear.) The measure be fore the house bad been spoken of as a miserable one, and described by other contemptible epithets. No hon. member, by giving his vote for the second reading of the bill, should be prevented from making alterations in committee. For his part he should be very glad to see the basis of the court enlarged, and that the office should be made more attractive to th members of the judicial bench and to the bar. With regard to the question of the prerogative, he thought that a considerable degree of confusion existed with respect to the right of the Crown to create peers for life. Now, no person could doubt for a moment the right of the Crown to create life peers ; the question was, whether such peer was entitled to take his seat in the House of Lords. The bill before the house undoubtedly left the question undecided, but for the purposes of the act it puts a limitation on the number of peers to be created. There was nothing unconstitutional in such a limitation of the prerogative, for-a limitation of that kind took place at the time of the Act of Union b ,th with Scotland and Ireland. What the house was called upon to do by the amenlment was to say that the House of L- rds was wrong tion, and I own that I very much regret the Course of the Government with respect to what appeared to be an unneces sary creation of a learned judge, who might have been made a peer in the ordinary manner, and whom everybody would have respected as an hereditary peer. (Hear) I say I am sorry that so unnecessary a step was taken for the purpose, as it were, of trying the question, and I am very sorry that the lords immediately caught at it as a matter of dispute, and decided in a committee of privileges that the noble lord so created could not take his seat. Sir, I don't think we yet see the end of that decision, (Hear.) We know very well that in the time of Charles 11., as the hon.gentleman who spoke last reminded us, there was a decision of the House of Lords— in fact, several resolutions were passed—to the effect that they possessed original jurisdiction. That they have entirely given up. We also know this house decided, and upon full authority, that Mr. Wilkes hadno , right to a seat ; and in spite, of an im mense majority of the freeholders of Middlesex, the House' of Commons persisted in giving the seat to a gentleman who had a minority of votes upon "the poll. These resolutions, how ever, after being stoutly maintained, were, as we all know, expunged from the journals of the house, and are now uni versally acknowledged to be a precedent that ought never to be followed ; indeed, when a case afterwards occurred some thing like it,. we pursued a directly opposite course. So I trust that that resolution of the House of Lords upon the re port of their committee of privileges will some years hence be repealed. There is, indeed, a decision by them upon a peerage question with regard to which such a course has been pursued. They decided, soon after the Union, that a Scotch peer could not sit in the House of Lords by virtue of an Eng lish peerage, but after the lapse of some 60 or 70 years they found they were mistaken ie the law ; they altered that de cision, and they seated another noble lord who was a Scotch peer and had no more claim than the one they had formerly refused to admit. In the same way I trust this decision on the subject of life peerages will not be permanently retained on the journals of the Upper House. (Hear.) The question is a grave one, and has been decided, as I venture humbly to think, without sufficient argUment. Everybody knows the doctrine held by Lord Coke, that the Crown possessed the prerogative of making peers for life. The same doctrine is stated by Judge Doddridge as ono which did not admit of doubt. It has been stated over and over again by various text writers, who have all copied this dictum of Lord Coke and Judge Doddridge. It so happened, in a case Bolen:1111y beard before the House of Lords, that Lord Brougham, when Chancellor, having occasion to refer to the assertion of Judge Doddridge, went nn to dispute another dictum of this judge upon peerage law, but he did not notice as a subject far dispute that the Crown might create Peers for life. Lord Wynford followed the Lord Chancellor, and stated he should be very sorry to see the King make peers for life, as he thought it would do great injury to the constitution, but neither Lord Brougham nor Lord Wynford, nor anybody who ever mentioned the subject—except Mr. Butler, in a law work—ever positively, and with any authority, contradicted the,opinion of Lord Coke. (Hear.) I do not say that that opinion is to be accepted without dispute, but what I do say is, that when the House of Lords had to consider the subject they should have made some further inquiry, and should have heard at their bar some persons to defend the exercise of the prerogative of the Crown. I own I was somewhat sur prised that the learned Attorney-General did not appear at the bar of the House of Lords, in order to defend that which the Crown had done. (Hear, hear.) - But let us see the position in which the question now remains. Contrary to the authority of Lord Redesdale, the House of Lords have refused to allow Lord Wensleydale to take his seat. Do they. mean that the Crown is to be deprived of that power which Lord Coke and many great authorities have declared it pos sesses? They find themselves, as my right hon. friend (air J. Graham) says, in some embarrassment at setting themselves so positively against the prerogative of the Crown. What, thee, have they done ? They have agreed that a certain num ber of persons, not more than four, shall hold peerages for life ; they have mixed up that important subject of life pCer• ages with the appellate jurisdiction, with which it has nothing whatever to do, and they have laid down that no mere than . four peers of this kind shall sit in the House of Lords. Do they intend in this way to take away or circumscribe the pre rogative ?—a question, you may well ask. My Lord St. Leonards, the Lord Chief Justice, and some other peers, said that it did take it away ; Lord Lansdowne said that it did not. A noble peer proposed to insert words which would make it clear. But that would have left no subject of dis pute in the house, and neither side would have adopted it. (Hear.) Then the House of Lords sent the bill down here, and we are asked to accept it in this ambiguous way, and to make an act of Parliament for the continuance of those two parties in the Upper Chamber. (Hear.) I will venture to say that, whatever different opinions persons may entertain with regard to the prerogative of the Crown in the creation of peers for life—and my own views upon that subject may not coincide with those of my right hon. friend the member for Carlisle—a more indecent measure, or a more unfit mode for Parliament to deal with the prerogative of the Crown, has never been brought forward, (Loud cries of " Hear, hear.") Well, sir, I will now state, and I will state very briefly, my own opinion upon the subject of life peers, as my right hon. friend has so fully stated his. My own opinion is that there are so many authorities in favour of the ancient prerogative of the Crown to create life peers, that as it is stated over and over again by the very highest authorities that peers have been created with very great limitations, and, among others, with a limitatio n f or lif e , th ere can be no doubt as to Noes .... the ancient prerogative o f th e C rown . Th a t prerogative, how- Y ever, not having been e xerc i se d f or so long a period—not A es Majority having been exercised during the good times of the con- Mr. WHITESIDE then gave notice that on the third stitution not having been exercised since the Revolu- reading ho should raise the same question again, and also time, 'with regard to any person who has taken his seat in do what he had not before attempted—namely, expose the the House of Lords, I am willing to Admit that I think character of the whole transaction. that, if such asprerogative were now to be exercised, it The bill then passed through committee, and the house would be fitting to lay down, by an act of Parliament, the resumed. exact limits within which it might be exercised. (Hoar, Mr. WHITESIDE then inquired when the bill was to hear.) But then I think that the question is a very serious be read a third time? one—(hear, hear)—aud one which ought to be dealt with by The ATTORNEY-GENERAL, for IRELAND—This a bill relating to that subject alone—a bill which would require day. the most mature consideration. (Hear.) I believe that, if Mr. WHITESIDE—Then that is contrary to the forms we are to ha`ie Peers for life, it would be advantageous not to. of the 'house, and I shall object to it. The hon. and confine those peerages to the profession of the law. (Hear, learned gentleman then said that the bill had passed tahsituhkeebeeeivWer;llfiintlgytpolnacoerdoifuN(BATH) BILL. h e ar.) There may be gallant admirals and gallant generals directly contrary to the sense of the committee, and he whose services are deserving of the approbation and admire- should oppose it in every stage. committee the els o H n o ; us a e n o d f su Viola of their country, although they may not be so brilliant M GD ALEN HOSPITAL ENDOWED SCHOOLS (MOULTON) BILL. life. I think, likewise, that if the numlser of Lords esuch m a e s u peers might, f I r This bill then passed through p eers were ' This bill passed throueb.committee, fixed at a certain 'limit, we should not be introducing any COURTS OF COMMON LAW (IRELAND) BILL. anomaly into the constitution of the House of Lords, because third This bill was read atime and passed. at the preseut moment there are in that assembly more than LUNATIC ASYLUMS (D/gLA.—.... IND) BILL. 70 peers who Sit for life or fOr a term less than life. There The ATTORNEY-GENERAL for IRELAND moved are the Irish peers who are elected for life, the Scotch peers that this order be dischar g ed. w ho are elected only for the Parli amen t , an d th e bisho ps w ho hold their seats for life ; and I believe that the creation Colonel DUNNE said that no language that he could use there. cou ld express his feelings or c h arac t er i se the of another set of. life peers, limited in number, containing conduct of the. Government with respect to this measure, men of eminence at the bar, in the naval and military proles- and he should opp ose the motio n , and move that the bill g e es, and in statesmanship, would not on ly no t t ent ' todimi be considered immediately. n ish the authority of the House of L or d s , b u t wou ld , on th e Mr. HORSMAN said he could not understand that contrary, tend' to give it stren g th—(h ear )— an d wou ld b e i n conformity with the general spirit o f th e ti mes. (Hear.) sudden ebullition on the part of the hon. an d gallant gen tleman. The fact was, that an amendment that he (Col. I may be told that there is no necessity for such a tours© at Dunne) had carried, had made perfect nonsense of the the present moment. Well, I dare say not, but it is true bill, and, therefore, the Government moved that the order with regard to the naval, and military professions, more so th a n with regard to the law, that there are no t same be disci " rged. Lord NAAS then moved the adjournment of the debate, means which used to exist for members of that profession to o bt a in fortunes sufficient to enable the m to sustain the dig- on the ground of th e unfair cond uct that had been pursued n ity of an hereditary peerage. They have no 'longer those by the Government. me ans by which a general in Flanders, or a u a d m i ra l i n th e Mr. HORSMAN said he would agree t o th e a dj ourn - East or West Indies, or iu the Pacific, may obtain a fortune ment, as it, was so late. su fficient for that purpose ; but still we c anno t w i s h t o ex- Mr MAGAN said it was very inconvenient to have bills clude those men from honours which Wellington and Nelson , postponed in that way. The bill w as a mone y bill, a nd wer e proud to gain— (hear, hear)—and upon th em we m i g ht ought to have been introduced in a committee of the whole confer a peerage for life.' I think, therefore, that we should' house. d er ive ' great advantage from the creation of lif e p e erages but I must say that, to confine such creations to four per- The debate was then adjourned. REVENUE (TRANSFER OF CHARGES) BILL. sons in the profession of the law, to say th at they shall This bill passed through committee. be life peers, and that no others shall be admitted to that COMMONS ENCLOSURE BILL. di s tinction, would be to place those persons in a most This bill was read a third time and passed. i nv idious position; I will not say in a degrading position, NUISANCES REMOVAL (SCOTLAND) BILL. This bill pasied . througli committee pro forma, iu taking the view it tiara done with respect to its own privi leges, by paSsing the bill. Were they in a condition to pronounce this opinion in the face of the universally ac knowledged right of the House of Lords to be the judge of its own privileges ? If the Crown and the House of Lords were, iu accord on this subject, was it right for the House of Commons to stop in and say that no such con cord or agreement should exists? He trusted that this bill, which, by the unanimous concurrence of all those who had practised in the House of Lords for many years, was con sidered as highly acceptable, would not be refused a second reading by the House of Commons. (Hear.) The house then divided, when there appeared— For the second reading Against it 142 Majority for the second reading ~ -49 The bill was then read a second time. INOUMBERED ESTATES (IRELAND) BILL. The house went into committee on this bill. Clauses 1 and 2 were agreed to. On clause 3, Mr. WHITESIDE said the select committee en the bill proposed the court should consist of two commissioners only instead of three as at present, and he moved the in troduction of a clause in the bill providing for the removal of Mr. Baron Richards, and that the staff of that learned gentleman should be divided amon g the other two. A sav ing would accru e t o th e s t ate of the salary of the commis sioners removed, without injury to the constitution and working of the court. The ATTORNEY - GENERAL for IRELAND said that legislation on the subject would be unwise and unnecessary —for the clause of the act at present in Operation limited the number of eomusissioners to not more than three. By reason of the want of judicial strength in the court the ar rears were so great that it would be impossible for two commissioners to get through its business satisfactorily to the suitors. He enld•'t-oonaent to the introduction of the clause, which would have the effect of disarranging:the working of the court. After souse remarks from Mr. WHITESIDE, in expls nation. Sir J. GRAHAM expressed his disapprobation at the bill being limited in its operation to one year. If it were extended to two years, the Government in the meantime would be able to reorganise its officers, and provide a bet ter court of appeal. He approved of the clause for reduc ing the number of commissioners to two, which would al low Mr. Baron Richards to return to his court in the Ex chequer and also go on circuit. The ATTORNEY-GENERAL for IRELAND said he had no particular wish to retain Mr. Baron Richards as chief commissioner. He objected to the clause as unneces sary, because by the present law the number could be re duced to two. The emergency of the business in the In mCmo s r s t io r n e e n r c e l rendered theit n p e r c e e s s e s o a t ry t o t g h e a t t r t i h d e o re f The committee divided on the clause. The numbers were-- Eqs7llness. CITSTOMS. ,Certain resolutions with respect to the duties on imports of musical instruments, &c., were then agreed to. JOINT STOCK COMPANIES BILL. The Lords' amendments to this bill wore considered and agreed to. The remaining orders of the day were then disposed of, and the houie.adjourned at half-past two. PARLIAMENTARY DIVISION. HOUSE OF COMMONS.-JULY 7. APPELLATE JURISDICTION (HOUSE OF LORDS) BILL. Order for Second Reading read ; Motion made, and Question proposed, " That the Bill be now r ad a second time :"--= Amendment proposed, to leave out the word " now," and at the end of the Question to add the words " upon this day three. months :" Question put, " That the . word now' stand part of the Question :"—The House divided; Ayes 191, Noes 142. ` Al'ESz. 191. Agnew, Sir A: . * Gooch, 54 E. Mundy, W. • Annesley, Earl of Graham, Lord M, NB4l, Lord Antrobus; E. , ~ ,Greene, Thomas Na. ler, J. Archdall, Capt. M. Gregsop, Samuel Neeld, John Atherton, W. ".. GreVille, Colonel F. Newark, Viscount Baines, Rt. Hon. M. Grey, Rt. Hon. Sir G. Newdegate, C. Baird, J. - • Grey, R. Newport, Viscount Ball, E. Grogan. Edward Norreys, Sir D. Ball, J. 'Hal4, Robert North, Col. J. caring, H. , Hall, Sir Benjamin . O'Connell, D. Barrington, Vist. • Hamilton, Lord Claud Oliveira, B. Beckett, W. . flamilton„R. C. N. Osborne, R. Bective, Earl hardy, G. Paget, Lord A. Bentinck, G. Hayes, Sir E. Pakington, Sir J. Berkeley, F.' Heard, J. , Palmer, Roundel' Bethel', Sir R. Heathcote, G.. Palmerston, Viscount Biddulph, COL R. M. Heneage, Geo. F. Peel, , lir R. Blandford„ Marquis of Henley, J. Peel; Gen. Boldero, Col. H. G. Herbert, H. • Pennant, Col. E. Bouverie. Hon. E. P. Herbert, Sir T. Philipps, J. Bramley-Moore, J. Higgins, G. 0, Rolt, I'. Brand, IL B. W. •Hildyard, R. C. *Russell; F. W. Bruce, .Lord E. Horsfall, T. Rust, James Buckley, Gen. Horsman, E. - Scully.V Buller, Sir J. Hughes, W. Seymer, H. Burrowes, Robert ' Johnstone, J. Sibthorp, Major Campbell, Sir A. I. Jolliffe, Sir W. Smith, R, Carnac, Sir J.R. ' Jolliffe, H. Smith, Abel Cayley, E. S. Jones, Admiral Smyth, John Cecil, Lord King, J. Spooner, R. Chambers, T. * Kingscote, Capt. R. Stafford, A. Chelsea, Viscount Knatchbull, W. Stafford, Marquis Christy, Samuel Knight, F.. Stanhope, J. Clive, R. Knightley, R. Stanley, Lord Cockburn, Sir A. J. E. Labotichere,Rt.Hon.H Starkie, Le G. Cole, H. A. Laslett, W. Steel, John Coles, H. Lemon. Sir C. • Stracey, Sir H. CoPier, R. P. - Leiriox, Lord A. F. Stewart, Sir M. Conolly, T. . Leslie, 0: P. Sutton, J. Corry, H. T. L. Lewis, Sir G. C. Taylor, Colonel Cowper, W. Liddell, EL.G. 'Thesiger, Sir. F. Craufard,E.• H. I. Lindsay, Col. J. , Vance, John Dalkeith. Earl ' Littleton, E. ' Villiers, C Davies, D. • - Lockhart, W. • Waddington. D. Deedcs, William • Lovaine, Lord Waddington, IL Dering, Sir E. Lowe, R. wa:pole. li. , Disraeli, B. ' Lowther, Col. H. C. Walsh, Sir J. Drumlanrig, Vie. LEICO, T. • Warren, 'S. . Duncan, Viscount Lushington, C. M. Watkins . , Col. Dunlop, A. •' ' ~ Macartney, , G. .Welby, Sir. G. Elmiey, Viscount ICGregor, John .Whatrnan, J. Esmonde, J. .• ' Matins, Richard Whiteside, J. • Farnham, E. Mangles, R. D. Whitmore. H. Feilden, M. : March, Earl of , Wigrach; Loftus T. Fellowes, E. Massey, W. Willoughby, Sir H. Ferguson, Sir R. Matheson, Sir J. Wilson, J. Fitzgerald, J. Miles, W. • Wood, Sir C. Fitzwilliam, G. Milner ,W. M. E. Wrightson, W. Follett, B. S. Moffat, G. Wyndham, H. Forester, Col. Monck, Vis. - Wyndham. W. Freestun. Colonel Moncreiff, J. Wynne. W. Freshfleid, J. Morgan, 0. Galway, Viscount Mostyn, E. Gilpin, Col. H. Mowatt, F. Goddard, A. Mowbray, T. R. NOES-142. Adair, R. Gladstone, Capt. J. Anderson, Sir S. Ooderich, Viscount Baldock, E. H. Gordon, A. Baring, Sir F. Graham, Sir J. Barnes, T. Greene, John Baxter, W. Grenfell, Charles Beaumont, W. Gurney, 1. H. Biggs, John Hadfield. George Black, Adam Hamilton, J, Blackburn, Peter Hankey, T. • Bonham-Carter, J. Harcourt, G. G. Bramston, T. W Ilastis. Alex. Brockiehurst, J. Headlam, T. • Brotherton, J. Heathcoate, Sir W. Brown, W. Hogg,, 'zir J. W. Bruce, H. A. ' Rolland, E. Butt, G. M. Hotham, Lord P.yng, G. H.C. Howard. C. Cardwell, E. Hutchins, E. Cavendish, G. C. Ingram, G. Chambers, M. Kendall; N. Cheetham, John Kennedy, T. Clay, Sir W.. Bt. Kershaw, J. Cobbett, J. M. King, L. Colvile, C. R. Kim - laird, A. Compton, H. C. Langston, .r. H. Cowan, C. Langton, H. G. Crossley, F. Lascelles, E. Currie, ltaikes • Layard, A. H. Davie. Sir 11 , R. F. Lennox. Lord li. G. Denison, E. Locke, J. Denison, J. B. MacEvoy, E. De Vere, S. E. M`Cann, J. Dillwyn, L. L. MacGregor, James Duncan, George M agan, W. Duncombe, Hon. Col. • maguire, J. F. Duncombe, Hon.W"E. Milligan, R. Egerton, W. Milnes, R. Ewart, W. Michell, William Ewart, J. Moore, G. Fenwick, H. Morris, D. Ferguson, Colonel NaMer, Sir C. Ferguson, J. O'Brien, P. Fergusson, Sir J. Palk, L. Fitzgerald, W. R. S. Paxton, Sir J Foley, J. H. Peacocke. G. Forster, Charles Pechell, Fir G. Forster, John Pell itt, A. " Gaskell, J. Perry, Sir E. TELLERS. Hay tor. W Malg,rave, Earl of Phillimore, J. G. Pcgoti., F. Pilkington, J. Portman, W. Price, Sir R. Price. W. Pritchard, J. Ricardo, 0. Ricardo, S. Rice; E. Rich, Ridley, George !lobar tes, T, Ildebuck, J. A. Russell, Lord J. Ruisell. F. C. Sawle, C. Scrope, G. Shaft°. R. Shea, Serjt. W. Shelley, Sir J. Smith, J. B. Smollett, A. Somerville, Sir W. Stirling', W. 24 , rickland, gir G. Strtat, Hon. E. stout, Captain Tancred, H. Tempest. Lord A. V. Thompson, G. Thorne's , . T.. Thornhill, W. Tottenham, C. Vernon, (4. Vivian, H. H. Walmsley. Sir J. • Watson, W. Whitbread, S. Wickham, H. Wilkinson ' W. Williams. W. Wortley, J. S. Wyvill, TELLERS. Phillimore. R. J. Bowyer, G. PAIRS. FOR. . AGAINST. Vyse, Colonel . Hindley, M r . Smith, Mr. M. Dundas, Mr. G. Vernon, Captain Reed, Major Fuller, Mr. Duncombe, T. Paget, Lord G. Evans, Sir De L. Berkeley, Sir G. Glyn, Mr. Verner, Sir W. Williams, Colonel Raynham, Lord Warner, Mr. E. Berkeley, Sir M. Gladstone, Mr. Clifford, Colonel • M'Taggart, Sir J. Ponsonby, Mr. Divett, Mr. Robertson, Mr. North, Mr. P. Cubitt, Mr. Tite, Mr. Mackinucu, Mr. Irton, Mr. Yorke, Mr. 'Keating, Mr. Dashwood, Sir G. Duke, Sir J. Peel, Mr. Fox, Mr. W. Hamilton, Mr. G. M'Mahou, Mr. EXHIBITION OF ART TREASURES OE TILE UNITED KINGDOM. MANCHESTER, 1357. LETTER FROM H.R.H. PRCNCE ALBERT. TO THE EDITOR OF THE SUN. Sllt,—May I ask you to insert in your paper the ac companying letter from his Royal Ilifzhness Prince Al bert to the president of our intended Manchester Exhibi tion. When permission was sought to make this valued com munication public, Lord Ellesmere was informed that his Royal Highness's letter was not intended for publi cation, but that as it was written in the hope of being useful to the committee, the Prince condescended to leave it entirely to them to make such use of it as might best serve their purpose.—l have, &c., (Signed) THOMAS FAIRBAIRN, Chairman to Executive Committee. Manchester, July 7. (Copy.) My dear Lord Ellesmere,—l was very sorry not to see you with the deputation from Manchester that came to me yesterday upon the subject of the exhibition of art treasures which it is proposed to open in May, 1857. Lord Overstone, however, as well as the other members of the deputation, left nothing to desire in explaining the objects which they have in view. I could not fail to admire the public spirit which has prompted the people of Manchester to enter upon so large and magnificent an undertaking. We had a good deal of discussion upon its general principles, upon the soundness and fitness of which much of its future success must necessarily depend. Manchester enters upon this undertaking at a certain disadvantage. It has been preceded by the Exhibition of 1851, that of Dublin in 1853, and that of Paris during the last year. That a mere repetition of what has thus gone before would fail to attract sufficient notice and public support, appears to have been felt by the com mittee ; and they most wisely gave a distinctive charac ter to their scheme, by waking it an exhibition of what may emphaticaily be called the art treasures of this country. How to succeed in collecting such treasures, fendly cherished as they aro by their owners, who are justly jealous of their safety, is the problem to be solved. In my opinion, the solution will be found in the satis factory proof of the usefulness of the undertaking. The mere gratification of public curiosity, and the giving an intellectual entertainment to the dense population of a particular locality, would be praiseworthy in itself, but hardly sufficient to convince the owners of works of art that it is their duty, at a certain risk and inconvenience, to send their choicest treasures to Manchester for ex hibition. That national usefulness might, however, be found in the educational direction which may be given to the whole scheme. No country invests a larger amount of capital in works of art of all kinds than England ; and in none, almost, is so little done for art education ! If the col• lection you propose to form were made to illustrate the history of art, in a chronological and systematic arrange ment, it would speak powerfully to the public mind, and enable, in a practical way, the most uneducated eye to gather the lessons which ages of thought and scientific research have attempted to abstract ; an-i would pre sent to the world, for the first time, a gallery such as no other country could produce, but for which, I feel con vire.ed, the materials exist abundantly in private hands amonest us. As far as painting is concerned, I enclose a catalogue exhibiting all the different schools, with the masters who illustrate them, which able hands have compiled for me, and which was communicated to the National Gal- . lery Committee of 1853, and printed by them with the evolence. If such a catalogue, for instance, were filled up with the Ppecimens of the best paintings by the different masters enumera , ed in it, which exist in this country, I feel certain that the committee would come with very different powers of persuasion and a very different claim to attention to their owners, than when the demand for the loan of certain of their pictures was apparently de pendent upon mere accident or caprice. A person who would not otherwise be inclined to part with a picture would probably shrink from refusing it if he knew that his doing so tended to war the realisation of a great national object. The same principle might be adopted with regard to the other branches of art, extending even into the field of manufacturing industry. Whatever may be the decision of the committee, I assure you it will give me the greatest pleasure to give you any feeble assistance in support which I may be enatiled to render. And I may at the saine time repeat to you the assurance of the Queen's best wishes for the success of your labours.—Ever yours truly, Buckingham-palace, July 3, 1856. ALBERT. _-_.__ ~ _._-T~~~ Sporting Intelligence. TATTERSALL'S -MONDAY. The dulness which has of late marked the business at The Corner" was not broken this afternoon. Beyond paying and receiving, the subscribers had little to occupy their attention. LIVERPOOL CDP.—Typee was in strong demand ; 5 to 2 was taken freely about her early in the afternoon, and subsequently 2to 1 was booked. The higher odds, however, were obtainable at the close. Goldhill was not mentioned until near the termination of business, when it was announced that he had won at Stourbridge; 7 to 1 was then taken about him, but the outlay in his favour was inconsiderable. In certain quarters 100 to 5 was offered against Early Bird, but the only bona fide transaction about him which came under our notice was 200 to 14. The odds quoted against Brother to Grey Tommy were taken to 501. The other investments were in trifitrg amounts. GOODWOOD STASES.—Zeta was somewhat un-teady. Indeed in the City, during the morning, 100 to 7 and 100 to 3 had been betted against her. When " opera tions" were resumed this afternoon, 201. was invested on her at 9 to 1, but ultimately 10 to 1 was laid against her to about 751., and these odds were to the last currently offered on the field. 12 to 1, and finally 10 to 1, were taken to a little money about Bandalore. 100 to 6 was laid three times against Libellist, and afterwards 20 to 1 was offered. GOODWOOD Cur.-5 to 1 was taken " kindly " about Yellow Jack, and those odds were not obtainable at the, close. The last bet about him was 4to 1 ; odds which were freely offered against Fisherman. ST. LEGER.—Ellington was backed for 1001. at 4 to 1, and Fly-by-Night for the like amount at 10 to 1. DERBY.-2,000. to, 300 were taken about Mr. Bowes's three "mixed, " Bel Oiseau, Bird-in-the-Hand, and Co lonist. 28 to 1, and finally 25 to 1, to up wards of 1001., were taken about Zudyer Zee ; and the Sprig of Shille lagh was supported for nearly 4001. at 25 to 1. 25 to 1 ;ma booked about Schiedam, but afterwards 30 to 1 to 100/. was laid. The other quotations do not require comment. CLOSING PRICES. LIVERPOOL CUP. sto 2 agst Typee (taken) 7to 1 agst Goldhill (taken) 8 to 1 agt Marchioness (taken) 12 to 1 agst Brother to Grey Tommy (taken) 12 to 1 aget Lady Tatton (taken) 100 to 7 agst Early Bird 20 to 1 aget Tom Thumb (taken) GOODWOOD STAKES. 10 to 1 agst Zeta (taken and offered) 10 to 1 agst Bandaiore (taken and offered) 12 to 1 agst Swyndel Dhygga {taken) 20 to 1 agst Libellist (offered) Goonwoon CUP. 4to 1 agst Yellow Jack (taken and offered) 4to 1 agst Fisherman (offered) 6to 1 agst Monarque (taken) Bto 1 agst Muscovite (taken) 20 to 1 agst Nettle (taken) ST. LE4ER. 4to 1 agst Ellin,ton (taken) 10 to 1 agst Fly-by-Night (taken) DERBY. 25 to 1 agst Bel Oiseau (taken) 25 to 1 agst Sprig of Shillelagh (taken) 25 to 1 agst Zuyder Zee (taken) 30 to 1 agst Schiedam (taken) 40 to 1 agst Blue Jacket (taken) 50 to 1 agst Lansdewn (taken) 1000 to 15 aget Lady Hawthorn (taken) 10,000 to 150 agst Glenmasson (taken) TREBLE EVENTS BETS. 1,000 to 10 agst Typee winning the Liverpool Cup, Zeta the Goodwood Stakes, and Yellow Jack the Good wo ,d Cup. 1,000 to 10 agst Typee winning the Liverpool Cup, Zeta the Goodwood Stakes, and Fisherman the Good wood Cup. 1,000 to 10 sgst Typee winning the Liverpool Cup, Goldhill the Goodwood Stakes, and Fisherman the Goodwood Cup. 3,000 to 15 agst Goldhill winning both Liverpool Cup and Goodwood Stakes, and Fisherman the Guodwoud Cup. STOURBRIDGE RACES—MONDAY. The Prestwood Stakes. Indian Queen.. Van Dunck Eight ran. Stourbridge Handicap. Gqldhill Tirnotheus Gaylad .... Seven ran. Won easily. Innkeepers' Plate. Miss Birch Roving Betsey Three ran All Captain White's horses are struck out of their en gagements at Liverpool. RECENT SECESSIONS FROM THE TURF.—Two gentle men have recently seceded from the Turf, under pecu liarly unfortunate circumstances. Their horses, in training, are advertised to be sold, by order of the sheriffa of Wilts and Berks, on the 15th inst. THE LATE MR. WORTHINGTON'S HORSES.—The fol lowing horses, in training, the property of the late Mr. Worthington, were sold by auction by Messrs. Tattersall on Monday : Gne. Lady Palmerston, by Melbourne, dam by Panta loon, 4 yrs old Adam, by Birdcatcher, out of Lady Palmerston'S dam, 3 yrs old The Clown (own brother to Adam) 2 yrs old Kenerdy, by Birdcatcher, out of Collins, 2 yrs old 343 Sir. Humphrey, by. Gameboy, dam by Culwick, 2 yrs old IRELAND. DUBLIN, MONDAY EVENING. THE 3IASTER OF THE ROLLS AND THE IRISH ATTORNEY- GENERAL. At the sitting of the Rolls Court this morning the Master made some extremely pointed remarks in reference to the observation of the Irish Attor ney-General, at the Close of Friday's debate is the House of Commons, with regard to the case of Mr. James Sadleir and the conduct of the Irish officers. After alluding to the order made in the case of John Ginger and the English shareholders, the Master of the Rolls proceeded to ask— " May I now inquire, on the part of the public, whe ther informations have been sworn with respect to the facts disclosed in this case ? If so, have any effec tual or bona fide steps been taken to make any of the parties implicated amenable ? Is it intended to prefer a bill of indictment at the next Cloninel Assizes, where some of the overt acts were commit ted ? I have reason to believe that not a copy of an affidavit or any document was obtained, by the directi^n of the law advisers of the Government, of the Master's office, or from the official manager, until on or after the 20th of Juue, the day I gave judgment in this case ; though long prior to that date I had called attention to the fact that the Government had made no sign, not withstanding the notoriety of the frauds of the Tipperary Joint-Stock Bank. If the Irish Government were ig norant of all the details, it was their own fault. Jf the Crown solicitor had been directed to communicate with rae before or alter I had given judgment, I should have referred him to several affidavits and documents, and given him the dates and particulars of each. I did not obtrude advice or information privately—first, because I believed then, and believe now, that it would have received no attention whatever from the Government for reasons which the public well know. I shall only add that, if no bona fide proceedings be taken at the next Clonmel Assizes, the result will be that the duty of a Privy Councillor, and the nature and mean ing of the oath, will probably meet with more discussion than the Irish Government may be aware of. His Honour concluded by expressing a strong opinion against the conduct of the Master in Chancery (Murphy), who, it seems, had examined Mr. James Sadleir in his private chamber, no person being present but the official manager and his counsel and solicitor. It could scarcely be considered to have been a purely voluntary examination unless Mr. James Sadleir was very strictly cautioned that it might be given in evidence against him, and if the examination s hould not, according to the principles of law, be used directly or indirectly to his prejudice." The observations of the Master of the Rolls were listened to with deep attention by a crowded court. jADVERTIMSMINT.] SIGHT Ala SPECTACLES, POVEREUL TELESCOPES, OPERA, RACE, AND PERSPECTIVE GIAASSES, —Messrs. S. and T'3. Solomous, opticians, 39, Albe netrie-street, Piccadilly. Observe—opposite the York hotel. By 14er Majesty's Royal Letters Patent for valuable and extraordinary improvements in the most powerful and brilliant Telescopes, Camp, Racecourse, Opera, and Per spective Glasses, to know the distances of objects viewed through them—of great importance to the army, navy, area others. These telescopes possess such extraordinary Powers that some three anal a-half inches, with an extra eye. piece, will show distinctly Jupiter's moons, Saturn's ring, and the double stars ; with the same teieseope can be smu a person's countenaune three miles and a half distant. and an object from 16 to 20 miles. They are of larger and al. sizes, with increasing powi ers accordingly ; while their vary ing from 4 to 6 inches en; chic ns to discover more than the above, and the Georgian, w ith his 6 satellites, Szc.—The Royal Exhibition, 1851.—Valua bl e, newly-invented, very small, powerful waistcoat-pocket 41a.ss,the size of a walnut, by which a person can be seen and kn own 1 miles distant ; they answer every purpose on the race-, course, and at the opera houses, country scenery, and ship s are clearly seen at 8 to 10 miles. They are invaluable for sb, )oting, deer-stalking, yachting, sportsmen, gentlemen, gar aekeepers, and tourists. Opera, race-course, camp, and pi rspective glasses, w ith wonder f. t power. Newly-constructer Sp ec t ac l e Lenses of the great est transparent power. The valuable a dvantage d erived from this invention is, that vision becoming impaired is preserved and strengthei led, and very aged persons are enabled to employ their sight at the most minute oceu. pation can see with thet ;e lenses of a much Ipts magnif. Mg power—and they do tot require the frepient cliange,4 to the dangerous effects of farther powerftil assistance. Deafness—New Discover; 7. —The Organic Vibrator, an ex traordinary powerful, sma 11, newly-invented instrument for deafness, entirely different from all others, to surpass any thing of the kind that it is been, or probably ever can be, produced. Being of the same colour as the skin, is not per ceptible ; it enables deaf :persons to hear distinctly at churel , and at public assemblies ;; the unpleasant sensation of singing noises in the ears is eat' irefy removed ; and it affords all ti e assistance tlat possibly r could be desired.-39, Albemarle , street, Piccadilly. Obe tr ve—opposite the York 1104 THE RETURN OF THE GUARDS. In cur paper of Saturday we gave the memorandum of the arrangements to be observed ou the occasion of her Maj3sty reviewing the Brigade of Guards, on their re turn to London from the Crimea. We have just received, from Sir Richard Airey, an amended copy of tlieldoon ment, in which the alterations which have beenmade will be found in the following paragraph : The column (each regiment preceded by its band) to mov& , by "fours" along the Wandsworth-road, oveiVaux hall-bridge ; turn to the right along Crescent-road, New read, Millbank-row, Millbank-street, Ab:ngdou-street, 0:d Palace-yarn, Margaret-street, Parliament-street, Whitehall, up Whitebait to Charing-mss, by Co'ckspur street, along Pall-mall, and enter the Park by the gates between Marlborough House and St. James's Palace, and thence by original route to Buckingham Palace and Hyde-park. FURTHER ARRANGEMENTS-BRIGADE ORDERS Some particulars from official orders have already been published, and the following Brigade Orders have since been issued as final : "Horse Guards, July 8. " Her Majesty having signified her gracious intention of reviewing the brigade of Foot Guards in Hyde Park on Wednesday next, the Field-Marshal Commanding in Chief desires that the four battalions, including the 2d battalion of Grenadier Guards, from Windsor, may be formed by a quarter before 12 o'clock on that day. The brigade wilt be formed in line of quarter distance columns, at 95 paces interval, facing Park-lane, the rest of the line resting upon the central clump of trees. " The band of the brigade will be at the Nine Elms Station of the South-Western Railway at half-past 10 o'clock on Wedne-day next, to receive the troops, who will at once proceed to Hyde Park by the route already marked out. On the ground officers appear in Guards' review order dress, with silk sashes, &e. " Upon the Queen entering the ground the Field- Marshal Commanding in Chief will present a return, &c., of the troops present, to her Majesty, in accordance with the Army Regulations." FINAL DISPOSITION OF THE GUARDS AFTER THE OVATION TO-MORROW. The Guards will be disposed thus, as officially de- cid,d The Ist battalion of the Grenadier Guards, now at the Wellington Barracks, proceed to Aldersbott. The 2a battalion of the Grenadier Guards, now at Windsor, leave for Dublin, there to be stationed ; and the 3d bat talion of the same carpi just returned from the Crimea will move to the Wellington Barracks. The Ist battalion of the Coldstream Guards returned from the Crimea will proceed to the Tower of Lon-lon and the 21 battalion of the same corps leave the Tower for Windsor. The Ist battalion of the Scots Fusiliers from the Crimea will occupy St. Ge ' Barracks and the 2d battalion, from St. George's Barracks, will proceed to Aldersbott. Within the last few days the Snots Fusilier band has had the addition of a companion in the shape of a beau tiful white goat. Our readers may have seen already in the streets a dark one, highly accoutred, that accompa nies the Grenadier Guards. The Scots Fusiliers Lave still in barracks the splendid stag which, having been in early life raved from the stalker and beagle, has now "r.-tired" from active servico, owing to age, but be still eni , ys the kindne:s of his gallant corps. By some acci dent a short time since he was deprived of one of his horns. ROYAL VISIT TO ALIThIcSIiOT CAMP. ACCIDENT TO VISCOUNT HARDINGE. The royal party, on their arrival at the Royal Pavilion, Aldei shot Camp, yesterday afternoon, by the Duke of Cambridge, Li.r.l Hardinge, Lord Panmure, and the generals of the different brigades and regiments. Sh rtly atter reaching the Pavilion, and whilst her Majesty was in conversation with the gallant veteran in the state room, an acciiient, of a somewhat singular na• ture, occurred to Viscount Hardin:4e. The noble hard was seated on a couch, resting hie a-m on a table run ning on castors, and a. , he was about to rise, be leaue.i rather heavily on the table, which caused it to slip from under him, and losing his balance, he fell, injuring his foot. His lordship was raised from the ground an re moved to headquarters, suffering much pain, and upon a surgeon arriving from the hoipital department, it was found that the ankle was so swollen and inflamed that it was difficult to say whether the foot was sprained or fractured. At the request of the noble commander, he was removed in an easy carriage tr 3 Farnborough, f►o'm whence he was conveyed by a special train to town, and thence to his residence. Her Majesty expressed gre it. anxiety at the occurrence, and repeatedly sent Colonel Biddulph to make inquiries as to the noble viscount's progress. The weather proving very unfavourable, it was sug gested to ber Majesty that it would be better to post pone the review. The Queen said a little rain would not harm her ; and it was only on being notified that the men might suffer by being paraded during the rain that her Majesty acceded to the suggestion. It was definitely arranged that the troops should be mustered so soon as the rain ceased. Orders were given for every man to be in readiness ; and so complete were the ar rangements that it was stated that the men, numbering 16,000, could be cut in line in less than ten minutes after the word of command was given. The rain, however, did not cease for a single moment. ' During the fore part of the day the let battalion of the Rifle Brigade, 1,000 strong, under command of Lord A. G. Russell, marched into camp, beaded by their fine band. Of the original battalion who left for the Crimea, only 250 have returned to their native country. Her Majesty expressed a desire to welcome them, and the whole of the men were ordered under arms, and re mained for some time in the rain ready to march. at a moment's notice, but the weather prevented an inapec- two. Her Majesty was to remain at the Pavilion until to day, intending to proceed with the review, when the weather allowed ; but when our report left there seemed but little prospect of a favourable change. To-morrow the Guards leave the camp, and the Rifles and Highlanders will do the same in the course of the week. RIOTS AT ALDERSROT. ALDERSHOT, July s.—Several slight disturbances took place yesterday between eight and nine o'clock, p.m., in some of the public-houses situated in or near the camp. It appears that some of the troops that recently re turned from the Crimea, by the way of celebrating their return to "merry old England," indulged rather freely. Numbers of soldiers were seen in a state of great inso briety, the natural consequence of which was a regular "set to." In two of those 4lens the Guards were fight ing with the let Royals ; in another place a disturbance took place between the Guards and tae Germans. Order was, however, speedily restored. The officer in com mand of the German Legion, having been informed of the row, ordered the alarm to be sounded for his corps ; and I am informed by good authority that at roll call no man belonging to the German Legion ‘‘al missing or drunk. THE LATE coLuaroN IN THE MERSEY. LIVERPOOL, Monday.—Full details of the awful col.: lision off the Rock Lighthouse, between the Dublin steamer Mail and the Belfast screw steamer Excelsior, have been puislished to-day, from which the following particulars have been obtained : The passengers consisted principally of labourers, who were coming over to the harvesting in this country, and nearly the whole of these poor men were lying slumber ing on the main deck, under the spar deck. Many of the poor creatures, from the violence of the concussion aid the confusion and scrambling that ensued, fell into the water and were drowned. Six were killed on the spot, and the brains of some of them were scattered over the windlass and the damaged gearing of the fore part of the vessel. Their sufferings were short, but must have been fearfully intense ; they were jammed tee pieces by the bow of the Excelsior as they lay quietly in their places. It was an awful, indescribable spectacle. The dead and the wounded were in a heap together ; mew who, a few minutes previously, were stout and pt'werful, were now lying still in death—mutilated and frightful corpses. It was thought at first that the Mail would sink in a few minutes after the accident occurred, brit fortunately she made no water, and upon the Excelsior gettiag clear of the disabled vessel, which occupied a con siderable time, the Mail was able to proceed towasrds Liverpool. The Excelsior, which we believe escaped with trifling damage, left 15 fathoms of her chain and her anchor in the bow of the Mail before the verse Is were disentangled. Captain Bailie, without loss of time, made fur the Clarence pier -head, where he landed those of his passengers who had sustained no isjiiry. The captain of the Excelsior did not stop, but proceeded to sea. An inquiry into the cause of the collision will' take place on Wednesday, before the coroner for Liver pool. THE MURDER BY A SPANIARD.—It will be recollected that, at the last session of the Central Criminal Court, a Spanish seaman, named Bernardo Henriquezi was convicted of the murder of one of his country. men by stabbing him with a dagger, and he was sen tenced to death. It seemed that there had been some scuffle at au earlier period of the day in which the transaction took place between the prisoner and another seaman, during which he received some injury, and it appeare:l by the evidence that the prisoner stabbed the d e ceased . man withcut having received any provocatiou. The jury, under these circurnsttances, were counselled to find the prisoner guilty of murder ; but the whole of the facts having been laid before - the Secretary of Sate for the Home Department, he consi dered himself justified in recommending the prisoner to the clemency of the Crown, and an order was on Satur day received atNewgate, commuting the capital sentence' ta one of trani-portatioe for 20 years. [ADYEarrieemENT.]—Tiolloway's Pills famous for Liver Complaints. —Captain Wedderhurne, of her Mats jesty's 53d Regiment, states, in a letter to Professor lielloway, that lie Ims Feat pleasure in bearing testi mony to the efficacy of l is Pills, having tried them during a ilong residence in tropical climates. Being a great sufferer from liver complaints, ho always foun i the greatest relief from Holloway's Pills, the only efficient medicine he ever used ; therefore he should be happy at at all events to satisfy any one of the good effects they have invariably ha, , l on bin.—Sold by all medicine . venture throughout the world ; at Professor Holloway's • Establishments, 244, Strand, London, and 80, Meideas lane, New York ; by A. Stampa, Constantinople ; A. Guidicy, Smyrna ; and E. Muir, Malta. ; ,) MI nig to the - 1 ti ,\ --} L