The Sun. — London, England, 1856-02-23 00:00:00

irtitrti Titiitton SUN OFFICE, Six o'Clock. WURTEMBERG. The Chambers of Wurtemberg were opened on the 20th by a speech from the Minister of the In terior, in the course of which he said : " In opening the session by order of his Majesty, I am happy to be able to express to you the well-founded hope that the sincere efforts of the great Powers united for the reestablishment of peace will succeed in shortly bringing about a solution of the differences hitherto existing, and in putting an end to a terrible war, which, in becenling extended, would threaten to deprive Ger many also of the blessings of peace. In considering this situation of affairs, we may also, no doubt, hope that the sacrifices imposed on the Federal States by the placing of their forces on a war footing, in virtue of the resolution of the Diet of the Bth of February, 1855, will shortly be brought to a close." MONEY MARKET AND COMMERCIAL INTELLIGENCE. CITY, Two O'CLOCK. The Liverpool Cotton Market yesterday closed quietly, but without any change in prices. The sales were about 7,000 bales, including 1,500 for export and on speculation. The Bank of England Return, completed to the 16th inst., exhibits very little variation of import ance, the principal features being the augmentation in the publi• Deposits and Government Securities. The reserve of notes was slightly increased, and the stock of bullion was again reduced. Active Circulation £18,724,270 Decrease - 79,105 Bullion - Decrease 81,225 Rest 3,505,653 Increase 13,133 Public Deposits 4,164,823 Increase Other Deposits Decrease 85,131 Seven-Day and other Bills Decrease .. 27,770 Government Securities 11,931,006 Increase 508,645 Other Securities 17,743,632 Decrease 124,797 Notes unemployed 5,643,565 Increase — 39,065 The rates at which three months' bills on the principal cities of the continent were negotiated yesterday afternoon were at a slight advance. Accounts from Belgium state that a Royal de cree recently dated grants to Mr. Thos. Green, of London, a concession with power to construct a railroad through the province of West Flan ders towards the French frontier, to be deno minated the "International Railway of Flan ders." This new line will proceed from Lichter velde, the central station of the West Flanders line, to a terminus at Furmes, passing the follow ing towns on the way :—Cortemarck, Handzaeme, Wercken, Eessen, and Dixraunde. It will be in direct communication with- the French seaport of Dunkirk, by a canal between that town and Furmes ; and towards the centre of Belgium by Thielt, Deynze, and Ghent. The Continental Bourses continue to maintain the rise in quotations with firmness, and the money Markets are generally easier. At Vienna specie deposits in the National Bank are increasing, and the exchange on London is down to 10-13. In the Bourse the Metallic 5 per Cents, are firm at 832, and the New Loan has risen 106. The New Bank of Credit is 297, with an upward tendency. Not withstanding the fluctuation on the Paris Bourse, the Rentes rule firmly at 73 for the 3 per Cents., and 96 for the 41 Stock. Speculators have been realising large profits on railway stocks, and some hive advaus3d as much as 50f. within the week. The English Funds have been buoyant to-day, an advance of about per cent. having taken place. The market is gradually recovering from the de pression occasioned by the first intimation of the New Loan, although the quotations are still 1 por cent. lower than they were on the 14th in stunt. Some support is no doubt given by the advancing tendency in the Rentes at Paris, where the speculators seem confident of an early conclusion of hostilities. Consols opened at about 91 to 91k, and have risen to 918 A-, while for th e 12th proximo they have advanced to 9l The New Loan Scrip is better, viz., 4 premium, and also the Exchequer Bill Scrip, which is quoted 02 t o 1 premium. The New 3 per Cents have been 92 A, and the Reduced 91g 1. Bank Stock is 215, and the Unfunded Debt, 35., ls. discount, and par. Foreign Securities are also at higher prices. Turkish 6 per Cents. have risen 4 to 1, viz., to 94i and 95, but nothing has been done in the Guaran teed. Spanish Deferred are quiet at 231, Sardi nian at 89k, and Peruvian 3 per Cents. 554, Equa dor New Consolidated l3i, Grenada New Active 20, and ditt o D e f e rr e d 62, Belgian 44 per Cents. Were 95, and Dutch 21 per Cents. 644. The following are the nominal prices of Foreign Stocks:—Grenaa Deferred Bonds, 61- 71; Mexican, 2014 ; Peruvian, 79 81 ; ditto 3 per Cents., 55 57 ; Portuguese 4 per Cents., 47 49 ; Russian 5 per Cents., 104 6 •, ditto 4, per Cents., 92 94 ; Spanish 3 per Cents., 42i- ; ditto Deferred, 234 24 ; ditto Certificates 44 5 ; ditto Passive, 61 2. The Railway Share Market is exceedingly firm, and fuller prices have been current. Great Northern are 3/. to 41. highel:; ditto A stock to 21. 10s., and North-Western 11., The dispute be tween these two companies i's stated to have ter minated. The other lines :Lre steady. In the foreign lines the dealings 11: we been at previous Prices. Mining, Banking, and Miicollaneous Shares are steady. BRITISH FUNDS nus DA' r AT (iNS °CLOCK. ( From the Ocin d List. Bußlnos, done. Bank Stock 3 per cent. Redte.ced Annuities... . 3 per Cent Consols Annuities,... Now 3 per Cent. Annuities v0n.,,1A e , r Account Ditto Scrip .. ETetiegner Bills, 26d. £100 l 1'560 umsll. .. Ditto Scrip PRICE OF FOREIGN FUNDS AT ONE O'CLOi S. Zinador Bonds Ditto New Consolidated Grenada . New Active, 1. per Cent. Ditto Deferred. 6t Peruvian Bonds, 4i per Cent. Ditto 3 per Cent.... Sardinian Bowts, 5 per Oent. Spanish Bonds, 3 per Cent — Ditto New Deferred, 3 per Cent. Turkish floods, 6 par cent 9I.A Ditto Account Venezuela, Bonds, 4} per Cent 2B Ditto Deferred, 10 per Cent. Dividends on the above °livable in London. Eelgian, 2. per Cent., ex. 25 francs — Ditto 4i per Cent.. ex. 25 francs 9si Dutch Exchstuga, 2i per Cent., 12 Gail ... 64} TWO O'CLOCK. - Consols, money Ditto Account LLOYD'S SHIPPING.--(This Day.) NrroN, Feb. 23.—Wind this day at noon, N.W. ; light breeze and fine. PORTSMOUTH, Feb. 2?.—Wind N. to N.W.—Arrived— Jenny, from Callao, and sailed for Hamburg. PLYMOUTH, Feb. 21.—Wind E.N.E.—Arrived — Eliza , from Surinam, for Amsterdam. JERSEY, Feb. 20—Sailed—Cores, for Honduras. The Amelia, for Liverpool, which ran on Hermitage Rocks, and the Ibis, which sunk in the roads, have been brought into the harbour. LEITH, Feb. 22.—Sailed—Flora Kerr, for Jamaica. (PER ELECTRIC TELEGRAPH.) SOUTHAMPTON, Saturday Mot sing. Arrived.—Despateh, (a.), from Jo rsoy ; Elizabeth, Brothers, and Edward, Sunderland; Express, (s.), from Elavre. Sailed.—Wonder, and Soutk-Western (e.), for Jersey ; Atalanta, (s.), Havre. LIVERPOOL, Saturday Morning. Wind N.W. Arrived.—lthicl, from Gallipoli ; Maria Helena; Lis bon Mereedita, Uruguay ; Edgecombe, Santander. Sailed. —Bertha Kohn, for Santos ; Daring, St. Michael's. QUEENSTOWN, Feb. 21. Wind N.E. Arrived.—Southampton, from Alexandria. Sailed.—Curraglimore, for Constantinople. BY SUBMARINE ANli BRITISH TELEGRAPTT.) GRAVESEND, Saturday, 9.55 a.m. Wind W.N.W. ; tide, low water ; fine. Arrived—Clara Catinka, from Nestred. Sailed, Feb. 22—Tanfield, fur Leghorn. Sailed, Feb. 23—Sir E. Paget, for New Zealand; Falcon, Port Philip ; Albuera, Adelaide. _ , DEAL, Saturday, 9.45 a.m. Wind N-W., light. Palmed, Feb. 22—Edwardo, for Malta; Osprey, Corfu ; I rkman Finlay, Newport; Symmetry, Marseilles; Daniel D oer, Trieste— a ll f rom L on d on . *"-'sassed Feb. 23—Corzo, f rom L o ndon, for Santander ; r Majesty's steam-ship Dee, westward, River; Nil 09 Pt/m:4Am, London, St, Holum, FOREIGN. 10 all I antworndtvott rd,m 7 - 8 7i f z d 40 40 Do. 5 p.c. Ohio. con. in Sh. at par till'64 ld 1 p 20 10 Ardennes 2. 21 p 5 4, Belgian Ea , tn. June 3i —. 2i , 2FI 14 13eziers toGraissessa, 1d p 18 44 Bombay, Baroda, an Central India,Seri I p 18 all Do. 17 all Demerara 20 U Dutchl 20 all Eastern of France 384 —39 381 20 13 Do. New l2 —14 a 20 all East Indian, g. sp. l 21f 211 211 20 15 De. V.stenaion.. a 100 all D0.44p.c.8nd5.,'37 1/0 all Do. do. do.. 'Mt, d-. 20 16 Gee oug Melbou ne guar. 5 per c nt... ... 20 al Do., Lou. allot., do. 25 224 (11. Tk of Canad. IP 10 93 4125 nil D o . 10U 9) Do. Cert. of Dollen con, into Stk. till '3: 73 76 100 all Do. Comp. 6p. c., do. 83 86 20 14 Gt. Ceutralof Fran:, 5i 6 r 20 all Gt. Indian Peninenle "201 201 26 14 Great Luxembour. Constituted Shares 41 5 4 all Do. . 3 31 20 11 Do. re-is. forftd. Sh. 3 20+1 all Gt.WasternofCanada Shares 204 51 Do. New 3f —31 p 1.00 all Do. Bds., payable's7. with option till '55 99 100 100 all Do. do., '62, p. '56 l2O 125 100 all Do. do., '76, p. '6O l2O 125 UV all ID:d. do., '73, without option lO7 109 20) all Hamilton & Toront^ 25 254 100 all Do. 6 per cent. 20 17 [Ake Const. & Bash 20 all Lierro and Turnhout ... a 5 all Lucon, & Fist. sp. c.p 20 16 I Lyons and Genova 91 104 20 14 LT01U342 Mediterran. 20 all Andras, gua-. 4 I p.c 19 191 20 10 Do. New . 0., sp. c. 20 5 Do. 4/ p. c. Exton - 1 1 t d 314 all Maria Antonia ~.. 7 10 all Do. do. New - 3 20 all Namur & Liege (svitl i nterest ) 54 6 20 all Do. (ex interest) . 5 16 all Northern of France 39 3 dul 20 all D0.20/.Shs. lll .124 20 all Do. 201. 3p. a Bde (fmy.B.& Ams.Shs. 10 all NorwegianTrtmkPre 71 20 all Paris and Lyons . 49f 50 50 40 all Ditto Bonds 20 all Paris and Orleans 5O 51 10 5 Rome and Frascati.. 20 all Royal Danish l9 20 5 all Royal Swedish — 4 all Do. Obligations 20 all Sambre and /dense_ 9 91 10 all Do. 51 p. cent. Pref. .„ 20 5 Seinde, guar. sp. o - 20 all D 0... 20 all Southern of Franoe.. pz 20 16 St. Andrew's and Quebec (A), 83 an West Flanders 3/ 4 10 all Do 5A rer c. Prof 2 20 06 aal ll 114, W. v ei Wiesbaden b. N. aodf W. of esnw.l: .e Franc' n..a. 3 . . 3 . I 34 20 all Zealand - 191 JOINT-STOCK BA.211B• 0 111 knstralamis 92 - 94 93i 100 50 Bank of London 66 68 40 all Bri. Col. 13 11.&Ln. 50 al: lritish N. Amorican „. 25 5 Chartd. Bank of Asia p ar _ p 20 4 Chrtd. Bnk. of India, Australia, & China d 100 50 City 69 -- 71 69 - 100 25 Colonial — 100 20 Commercial of Loud 20 all gng. Scot. 8; Aus. Cht l7 18 20 all Gond. Chart. Bk. of Australia l5. ifii 20 5 Ditto New 50 20 Landon and County — $8 2.00 50 Lnd.&E.Bnkg.Corp par 2p 50 10 London Joint Stock. ..- 100 10 London awl Paris 4 - - 2 d St 91 100 20 Loud. & Westminster ... 100 35 ' , rational Pro.of Eng 20 10 Do. Now ..• 50 221 National of ... •• • 20 all t New South Wales-- 37 39 25 all Oriental Bank of Corporation 39 41 391 100 25 Provincial of Ireland ..„ 10 all Igo. New .- 5 1 R Ans B Arno Im Cr ." 100 50 Royal British ••• 25 all 3onth Australia 3B 40 25 all Union of Australia 7l - 72 711 7,4 Do. New 71 81 50 10 Union 9 London p h 27 29 WAY. BETWEEN •roprietors of the London 1, M.P., in into the par hem that the ies had been Dnd ence had nation. Efe, the proposa l rould submit them to gr. ier award to rman), hew; )roposal had application rmen of the oh bad been he document last for 14 at of increak ler, nent for the :h Mr. Glad . )itration ►ye reference uebta wag remark bad esti' Was eatisfaa• ,ther quarter te. Circuiv to what Jo g satisfacturf , re, he COT solid P °6l• in now than peared to be of that with Bs than that. 44 per cent' Ie was ens: i the OP' referred to ibis balanc e mr cent. Per he half - Ye sr ' upon the The dire , ' kid at thee ° 11d. to be ice appeared to keep. the current re' manent con ers were in' ire, and nn" possible be He moved the motioo• the amicable pective cow of which he atement he ieeting, that have been ngetber 3 this dispute, innan, as to 'lid the state from comPe" He assume d 'actions feel utdertakinge was agreed "That the ily appro ve ' . of this eon' of the cony the Lando n Manchester r to acknow ; another to 1 the Great was carried ,xpressiou of could have Hrectors. of directors Oth or 15th eau to pr.' curred that the parle s de had not Ltted by tbe appropriate arns not es' Master and ,chools, Rud -Service, Bad y's serventg the sum for [titled from ►s the duty ion at PO" es and chi!' the amend' rence share' before tbie ;ompaol• hareholderel motion WO ,he meetiog tinnan and ay.) vonviabie :adf, at fu ll 1b ; coloniA l Od per lb ; 3s 6d each; per dozen ; s, ls Od t 0 en gages, 0 4 non plums, d er pound ; )er 100 • fi t " almonds. figs, 0. 9a the ; goose' s, Os Od to ,ottle. s. bunches; ). is Od to )tatoe ss, 6O doz. ; peas, 3s Od per I to 6d Per wile, 6d to per sieve; s to Os per shallots , e ; parsley, s 6d per is Od to 2 0 zen ; small o is 6d per ge lettuces , half sieve 9, 3 s to 40 ; Brussels is, is to 2 6 uliflowers, )r bundle ; per punnet 16d each ; to 28 Od ; 10d each; 2s Od to 38 Gd Od each ; .s 9d each ; butter, as dozer IbB. to 78 64 4d ; veal, to 4s 4d ; lbs by tho ; Salmon, h Soles, R, Os 6d to per doz. ; per boll; 1 per doz.; rer gallon; tge, 6s Oa Os Od per to 15s per Od to 43; it, CA per are froi3l ► loaf. 721 1 4 3la to 441; od ; 104 hides, fie to, full, rents, Gg ns, 5s Od o Os Od• ye/ ditto. )er lole• .ove; er load. ; clover er load• THE SVN, LONDON, SATURDAY EvENl'f , iri FREIRUARY 23 656. LINES L mh.sF,ll FL E 1) ItENTALP. L^naERR Compan, Clofttne ye,ster .tcy Tinsiness this dAy. Baness done thle day St. • 6} St. Rt. St. 25 London AI N. West. E. Un. - 82 E. C Cit. tdrton. E. Conut. ICaldonts.n. (it. Wostr Yk. Now. & Berw. ,Y. N M I D° Do S. Easton Do IPeto &CO. 'Norfolk Do L.&N.W k Mi did. 'itckton &, Darlingt. 94 - 96 95 -100 J 131 - 135 44 4t 13 234 too all 100 100 100 - 107 - ISi - 244 - 1124 A - 2i 92 - 14 En. Conn. E. Count. 5E : k Do Do L.&N.W Do Gt Northn Lancash & Yorksh. T. Drassey Bf.iktelean Stockt. & Darlingt Do 132 - lii ••• - ••• 74 - 8 3 - 234 lOi 1100 !ICY.) 1100 'too 100 : !GtWq - 85. 12, 12 123 St. lE SIiA.R.EB. 82 f 86 tOO 100 100 /00 100 92 . - 84 96 98 15 —16 b 1.0.61 1100 100 100 all iii - 4 a 1 12 - - l4na rTiZI Anv GoV Anglo Californian A.nstratiam Cordillor• XTO Maria I'2 Baden (Gcl.Dneny of Biaxial% Iron & Coa British Iron 71 razilianImp.(issuo.' at f.!5 pm.) Jo. Comes & Cuiab no. St. John D , 4 Itoi , ( 11ar.milon Conn, Min ' Co. of Jamaica ~ :obre Copper Colonial G01d........ 65 - 67 ••• ••••• . 116 - 118 109 • - 111 103 - 105 $ BP 9} 10 6 -6; 91 - 93 81 - S 3 80 - 82 95 • 100 9/ - 10} 16f - 16 i 9/ - 101 71 -73 184 - 194 -9/ 13t -14 f 4) 5 St. 25 , opper Min. of ping Prof. 7. p. cart Oopiapo .Fortune. elencAl :It.NoggfitVeinßcg. Great Polcooth Gt Wheal Vor 'United Liberty Linares Lusitanian Wariquita. New Granada ,Nouveau Monde IPontgl.fiii. &Le. Min. port Philip quartz Rock Rliymney Iron Do. New 1 - i -, (32 - 184 Santiago de Crib& . Sort. Cons. Min. CO ionth Australian.... Do. Scrip Do. 10 per cent Prof Tam. S. & L. Miu. Co. Lin Croft... 10 28h' 1 1 all all all 1.25. (Juitcd Mexican YValler West Mariposa Worthing Mining 01 Auatrs►lia Tabs MISOILLLA ... '.... N. •es "'"" see ... - ...F i - i ,112 - 134 Australian Agrie-All. Ana ;rain. Royal Mail Berlin Water Works Brit. American Land Canada 4 4b •,• ... - 100 91 -43 - 5i 1 : cii O. Go .13p.r . Jar 7olyl Do. 6 p. c. Feb & Aug Do. 6p. c. Mar & Sept Crystal Palace Do. Preference Crystal Pal. of France Duston Iron Ore Eastern Steam En. &Ans Cop Sm Co Electric Telegraph Electric Toleg. of Ir Gen. Iron Se Collier Gen. Steam Navigat. General Screw Steam Irish Beetroot Wow Lond. Gen. Omiibus, Magdalena St. Navin, Ntediteran. Elec. Tel. Mexican &S.Ameri Nat. Pat. Steam ' , mil Vetherlands Land. Do. Do. all all all all Do. SpeP iss at 1 di New B. & N. S. Land NT. B. Australasian th, ciEnropeSteare Oriental Crag Do. " New Shares "I Peel Rr. Ld. & Minrl. Peninsular& Oriental Do. New Portland Iron C 0.,,,, ;loyal Mail Steam Scot. Austral. Invest Ditto Nevi is} is~ South Austral:Laud Bubmsr. Tel. Scrip... ►)o. Registered. rrusta L. Co.U. Can. v as DiemAn'. Teknd IT.Cio,6peco.ran&July 23 - 2f3t 95 - 100 94 - 9i . . 4 .... ••• 2i - 2F 4 ••• .. • , . ..... ... - ••• 3 5 2 - 24 2 - 26 - 28 It - lip 66 - 68 36 40 ";6 28 22 24 14 16 2i 1 • id A - 7•4 I -- 1 - 1 I I. 12 - - 19 - 6 - 8 2i - 3 3i - 4 7 z d x d Sitf xd - 3! - ... '"' ... ... .'. ... ROUB. 25 - 26 64 74 4/ 50 127 132 1 1 0 8 109 106 103 lel ill 21 2 4i 5 130 10$' 1 19i - 20i1 411 ..g : fo 5i —5/ 1 2 3 id 18 22 li - 1$ 2i - • • • . • • .. .. •P ip Ssi -- 2 1 6i -- 35} 5 i 15 16 IMPERIAL PARLIAMENT. HOUSE OF LORDS-(YESTERDAY). The LORD CHANCELLOR took his scat on the woolsack at five o'clock. THE WENSLEYDALE PEERAGE. There was an unusually large attendance of peers this evening. The space between the throne and the gal leries was crowded in every part by persons anxious to hear thedis,cuseion upon the question of the life peerages. Lord GLENELG moved that the following questions be put to the Judges :—" Is it in the pawer of the Crown to create by patent the dignity of a Baron of the United Kingdom for life ? What rights and privileges does such a grant confer?" The noble lord, who spoke inaudibly, was understood to say that the subject now under their con sideration was one of the most important that could be submitted to them ; and it behoved them to weigh well the stew they ought to take is a question which would hereafter be referred to as a great precedent. In all cases involving serious questions of law they did not think it unbecoming to ceosult the Judges ; and he could not think, in a question involving the preroga tives of the Crown and the constitutional privileges of that bailie, they would have any objection to ask the opinion of these qualified by their legal knowledge and experience as to the wisdom and propriety of the course which they, under the circumstances, thought them selves justified in taking. Those learned lords were the constitutional advisers of the country, and this was a case above all others upon which they ought to be consulted. He for one wanted to know the law on the subject. He felt it was too serious a thing for him to assent to the course proposed by the noble and learned lord opposite—a course which, if persevered in, could not be retrieved, but which might involve the house in the most serious consequencee. He could not help observing that the noble and learned lord up to that moment had abstained altogether from stating what the law of the land upon the subject really was. It was no doubt alleged that this exerciseof the pre r vative of the Crown was opposed to the practice of Par litment. Now, even if admitting these allegations to le correct, he thought there was something more to be awertained, namely, whether the act complained of was legal or not. The noble lord was proceeding to refer to the motion of Lord Lyndhurst, as if it was the report of the Committee of Privileges, when he was interrupted by Lord DERBY, who rose to order. He considered the noble lord was not justified in commenting upon what might or might not be the report of the committee before the committee had concluded its deliberations. The proper course, he submitted, would be for the noble lord to allow the house to go into a Committee of Privileges, and then he could proceed with his comments. L'rd GLENELG submitted he was right in the course be was adopting, in commenting upon a document which was about to be laid upon the table. (Hear.) The difference that existed among the highest legal authorities proved the necessity of proceeding with caution, and to obtain all the advice it was possible to obtain on the sub- I lest. Amongst other authorities that had been re ferred to, that of Lord Wensleydale himself had not been alluded to, and he was therefore justified in assuming that he was in favour of the exercise of the prerogative in this instance, or he would not have ac cepted a life peerage. The legal authorities in thin house were so nearly balanced that it was absolutely necessary to call for other advice. (Hear.) This was not a party question, and the house was now called on t pronounce a decisionwhich affected the privi leges of the Crown. The House of Lords bad ever been the champions of the monarchy and guardians of the Crown yet now they had prevailed upon themselves to contest the prerogative of the Crown ; and if they went into committee to-night they would commit them selves to the contest ; and under these circumstances it was the more necessary that they should arm themselves before they did so with the highest legal ad• vice they could obtain on the subject, which, after all, was a question of law, and not of Parliament. The noble lord concluded by moving that the opinion of the judges should be taken on the legality of the patent granted to Lord Wensleydale. Lord CAMPBELL complained that his noble friend should have entered at length into the discussion of the general question on a simple motion for taking the opinion of the judges. He had not, however, brought forward a single argument to show that the questions proposed to be submitted to the judges were such as came within the category of the questions in which they were the constitutional advisers of the house. Now he denied that they did come within the category. They were questions of privilege of which their lor 1- ships were themselves the only proper judges. He should not enter into all the topics with which the noble lord dealt, but there was one to which he must allu le. fie hail most unfeigned respect for the prerogative of the Crown, but he hoped that he should never again hear it contended that the house ought not to watch Its exercise, and protest against it when it was improperly exercised. That house was the cmstitutional guardian if the privileges of the peerage, and if the doctrines ad voceted by the noble lord were to prevail, and they were to submit without opposition to every exercise of the prerogative, that house would be reduced to the ' condition of a Turkish divan or eel the Roman senate, ehich used to be consulted on the taste of a sauce. Chen as to the questions proposed to be submitted to the judges. There was not the slightest doubt that the Crown had the power to grant the di gn ity o f a peer ; .here was not any question upon that ; anti there lV:k• not the least necessity to summon the judges t s dis cuss that subject. Bat then came the question to whether the Crown liael a right to create a legis oitor—a member of the upper house f:r life. And that question was one of the law of Parliament, and one which did not fall within the cognizance of the judges. Then the noble lord next proposed to ask what were the privileges of a peer so created for life. That was that the judges were to sit down and write a treatise, setting forth the whole privilegea of such a peer. He bad the greaeest respect for his learned brethren, but he should be sorry to see them taken from their proper luties to write such a treatise. Why, they could not reasonably be allowed less than seven long years to an swer such a question. The real question was whether a patent fur life to a baron could confer a seat in that house. That was the question of privilege which that 'louse could only dates mine, and upon that he believed '.hat the judges, following the example set by their pre decessors, would refuse to give an opinion. Its solution lepended on the lex et censuetudo Parliamenti, upon w hi c h th e judges had uniformly refused to give an opi nion. In Thorpe's case, in the reign of Henry VI., the judges were consulted on a question of parliamentary privilege, and Chief Justice Fortescue and his brethren replied that they ought not to answer that question, for it hal riot been usual beforetirne that the judges should determine the privileges of that high court of Perfia went ; and that the knowledge of that privilege belonged to the lords of Parliament. The LORD CRANCELLOR asked what the ques on asked was Lard CAMPBELL sail it related to the Speaker of . • the Home of Commons being taken in execution. Then came another case in the reign of Henry VIII , in which the question was whether the husband of a peeress of her own right was entitled to sit in the House of Loris ; and they then refused to give any opinion, saying that such questions had been uniformly decided by the consta- bles and marshalil. The LORD CHANCELLOR asked who put the question ? Lord CAMPBELL—The King. (Hear, hear.) He now csme to the authority of Lord Coke, who said that as every court of justice bath laws and customs for its direction. some by the common law, and others by par ticular law, so it was the lex et consuetudo Parliamenti that all weighty matters relating to peers and members of the House of Commons should be decided secundem legem et consuetudinem Parliamenti, and that the judges should not presume to give an opinion thereon. This was a decisive authority, to show that according to the con stitutional practice the judges should not be consulted on such a question as that now before them. To a similar effect were the authorities of Justice Blackstone and ' Chief Justice de Grey. Tne proper course to pursue was that they should at once resolve themselves into a commit. tee of privileges, and then decide this question. Let the house just consider the inconvenience of referring the question to the judges at the very time when they were just setting out for their circuits. For the sake of Lord Wensleydale ho would ask them in what a condition he would be placed by such a reference to the judges ? At present they did not know whether he was a peer or not, whether he had a right to sit there or in the House of Commons. He trusted that the house would negative the motion, and that they might now proceed. The LORD CHANCELLOR felt the difficulty in which they were placed inconsequence of the judges hav ing left, or being about to leave town. But still he felt so strongly the consequences which might follow the course on which the house was now so recklessly hurrying, that he must urge them not to proceed without taking steps to obtain the best information and advice in their power. His noble and learned friend had commented on the gene ral and, as ho said, vague manner in which his noble friend proposed to put these questions to the judges. The ques tions put to the judges were often put t 3 them in the ge neral words in which the questions on the paper wore framed. The judges on such a reference would tell the house only the great leading principles inferred by the pa tent for life. They would not embarrass themselves or the house with those minuter points to which his noble friend had referred. No doubt the object was to guide the house to come to a safe conclusion as to whether the peer created by patent for life was entitled tea summons to come to that house. An it was said that tha t was a question which could only be decided in that `house. But would other points on which the judges might express an opinion threw no light on this ? Suppose the judges were, forin stance, to say that a peer so created by patent for life bad a right to be privileged from arrest, had no right to be tried by his peers, and had other privileges ordinarily possessed by peers, would net that create a presumption that he was also entitled to a writ of summons as a peer of Parliament,and would it not cast upon the noble lords opposite the onus of making out by the strongest proof, the case on which they relied ? He could, however, show the house a case—not, certainly, one likely to arise—in which the judge might be forced to give an opinion upon the main question—whether a peer created by patent for life was entitled to sit in Parliament. There was an act, the 24th Geo. 111., e. 26, which provided that if a member of the other house became a peer during the re cess, and this was certified to the Speaker by two mem bers of the House of Commons, the Speaker was required within a certain tim e t o issue his precept for a new writ. Now, suppose such a case as this were to arise. Sup pose he put it to the judges that A B bad received a pa tent and writ in the terms of Lord Weneleydtles'e, and , that the Speaker, notwithstanding this, did not issue his writ, and that he that asked the judges whether the Speaker of the House of Commons was liable to he in dieted for a misdemeanour for disobeying the act of Par liament. The judges must answer that question, which depended entirely on the question whether a right to sit in Parliament was conferred by a life peerage. But al though the judges might be forced to give an opinion up in the main point ho c infeesed that he should be quite content to take their opinion on the questions lying round about the main question, but which would throw light up in it. Then wit's respect to the authorities cited by his noble friend. No doubt the judges in Thorpe's case answered, and rightly so, thar they had no right to give an opinion on the lex et consuetudo parliamenti, but the point which he had always taken tip, and from which he had never been displaced, was that this question is not a question-of the consuetudo parliamenti, but of the lex corme. (Hear, hear.) The question was, whether the Crown had a right to call upon one of its subjects to give his services in that house. With respect to the next case ; it occurred in the time of Henry VIII., and be certainly did not wonder that, under those circumstances the juslges were not very anxious to give an opinion on the question referred to them by that monarch. Then with respect to the authority of Lord Coke. No doubt, the house had a right to decide upon all matters relating to the regulation of their proceed ings ; but questions affecting their relations to the Crown were not, he contended, within Vie category of those which depended on the lex et consuetude parliament' I He trusted the house would accede to the motion, in order to show to the country that, before they came to a decision, they were anxious ke ascertain what the law on the subject was. If the resolution which his noble and learned friend intended to propose in the committee of privileges should be carried, it would be the most un justifiable and unwarrantable invasion of the rights and privileges of another branch of the Legislathre. (Hear.) After a short speech from the Earl of WINCHILSE A, Lard BROUGHAM a iii he should confine his obser vations to the simple question, as to whether they should now take the opinion of the judges. There was one word which he was surprised to hear from the Lord Chancellor under present circumstances. That word was" reckless." Now, considering hew they came into the position in which they were now placed, he must say that, of all the words in all the dictionaries in our Saxon tongue, that was the very last that he should have expected to find applied by his noble and learned friend, or by her Ma jesty's present advisers, to the conduct of his noble friend. The question before them was simple and practical. It was this. Coull the house now get an answer from the learned judges? He presumed by that was meant the 15 judges. It was admitted that they could not. It was admitted that all were either out of town or were on the point of leaving it. Then were they to ask the judges their opinion without giving them time for deliberation ? It was a question of great difficulty, and one on which considerable difference of opinion existed. Were they, then, to administer an interrogatory to the judges, and call on them to give an answer in 24 or 43 hours ? Whe ther they wished or not to have the opinion of the judges, they could not have it now. Then after the cir cuit came term, and then the long vacation, so that it was quite clear they could not get the judges' answer till next session. He was surprised to hear his noble _ . friend complain of the wilful and reckless conduct of his noble and learned friend Cord Lyndhurst in pressing on _ _ .. . their lordships to agree to the resolutions which he was about to propose in committee. The noble and learned lord on the woolsack agreed in that opinion, so that he supposed that those noble lords who were now so anxious for full discussion and deliberation had voted with the majority the other night for referring this question to a committee of privileges. That, however, inferred—he could hardly believe it—that those noble lords who were now thus anxious for careful and de:iberate proceeding, even after the matter had been referred to and discussed by committee, had on the previous evening voted against its being even referred to a committee, and had sought to induce the house at once to decide upon it without any inquiry. ([rear.) If the course recommended by the noble lord who introduced the motion were adopted, the house would now, in effect, say, after having decided to go into committee, " Do not fro on in that way. The beet plan you can adopt is to delay,' for the matter is too important to be g)t rid of so speedily and so rashly." He would not follow the argument of the noble lord, who had affirmed that this was not a question of privilege, but a right of the Crown. It was a right of the Crown which materially trenched upon the privileges of their lordships' house, and their lordships not only could, but must consider it. According to the argument of the noble lord, the Crown might cast aside th 3 old modes of creating peers, and, ex mere meta, send down a person to sit in that house without either sum arms or patent. He was quite astonished to hear such arguments from lawyers, especially from Whig lawyers. No one could be more anxious to have the opinion of the learned judges upon the p >int in question, but the pe• retnptory refusal of Baron Wensleydale to appear by counsel before their lordships, seemed to impse an addi tional obstacle to taking the opinions of those learned persons. Under such circumstances, the judges would have to decide without hearing any of the arguments on either side of the question. Their lordships could not ask them to sit on the woolsack whilst the house diecossed the question at issue, and then aek them what might be their opinion upon the matter. lie did not deny the power of the house in such a case, but it would be most inconvenient and most unsatisfactory to adopt such a course. An opinion so obtained would be worth very little, and the learned judges themsel ves. would be theiirst to acknowledge that it was of little use when they had not heard the case properly argued by counsel. In fact there were so many obstacles in the way, that he could not under any circumstances accept the proposal which h:td been embodied in the motion now before the house. E trl GRANVILLE said it was his intention in the fe v remarks he intended to make, to confine himself ktrictly to the question before the house. He thought . it was a most unjust accusation against the noble lord who had introduced this question, that he had wandered from the p , int. When the noble lord was discussing this point in reference to the judges, it was imposAib e that he should ignore end put out of sight the C unmittee of Privileges, for he had an undoubted right to refer to any matters that were on the paper. Ho could not help thinking that there were some inconsistencies in the epinions that hal been advanced by the noble lord Opp site (L ad Lyndhurst) ; for when he was sitting in his judicial capacity in that house last year he male this remark —" It was usual formerly to grant life peerages in England. 13 it so in Scotland ?" and the noble baron who had just spoken had freely admitted that such peer• ages were within the prerogative of the Crowe. Their lordships were told that they must rely upon •the opi nion of the law lords in order that they might come t ) a final and satisfactory conclusion, but these opinions were very contradictory, and he could hardly admit that they were safe guides upon the question. Some surprise list been expressed that the house had consented to the Committee of Privilege. He (Earl Granville) was of opi nion that it wawa most undesirable step to take, and it was some consolation to him to find that morning a pro test in the Townsend case, which was signed by Lord Cettenham, in the course of which that learned lord ex pressed an opinion that it was improper for the house to enter upon such an inquiry without leave and license of the Crewn. (Lord Campbell remarked that that was an essentially different case, the question raised being one of legitimacy.) The noble lord, the Lord Chief Justice, did not always hold the opinions which he 1107: seemed to entertain, for in the case of Knowles the noble lord was reported to have said that the proceedings were coraw non juqice, because they had beet, undertaken without any reference to the permission of the Crown. But he (Earl Granville) was consent t ) let bygones be byegones, for he was anxious to get out of the committee as soon as he could. Then as to referring the matter to the judges. It had been said that precedents were against such a course, but he need not further allude t that point, because it had been succes'fully demolished by the nobl and learned lord on the woolsack. He might refer to the bill passed by the House of Lords which en abled King William to delegate certain powers to the Queen during his absence abroad. That question was re ferred to the judges, and Chief-Justice Holt decided that without an act of Parliament that step could not be taken. This certainly was a case in point. (Hear, hear.) It had also been urged by the noble lord (Lord Brougham) that the, matter could not be referred to the judges, because Baron Wensleydale had refused to be heard by counsel ; but in the case of Knowles the judges had unanimously decided that the house had a right to put questions to them upon abstract points. The argu- ment that the judges were on circuit was idle, for if it were tenable their lordships would never be able to put questions to them at all. (Hear, hear.) As far, then, as he (Earl Granville) was concerned, he had no doubt of the propriety of submitting to the Queen's writ. The Queen, there could be no doubt, had a perfect right to confer peerages for life, and it was equally clear that when conferred such a peerage entitled its possessor to a seat in that house. In confirmation of this, he might refer to a note of Mr. Hargreave, the keeper of the rolls, who, in referring to the case of Knowles, said that although the claim was finally rejected, still it was contrary to the opinion of many peers, and the protest of 20 of them : and that if it had not been refused to hear the judges, in all probability the claimant would have succeeded both upon the facts and the law of the case. (Hear, bear.) Now, he came to another point. He certainly did not hold the doctrine that their lord ships' house was servilely to support the prerogative of the Crown, or to uphold any abuse of that prerogative ; but when their lordships dealt with a question which was at the root of that prerogative, they certainly took a most unusual and unprecedented step. He did not think it was decent with regard to the Crown itself, respectful to the other House of Parliament, or treating with due respect the feeling of the country. (near, hear.) He should certainly with the greatest satisfac tion vote for the motion of the noble lord. After a few words from Lord BROUGHAM, their lordships divided, when there appeared— Contents—Present Proxies - 49 Non•Contents—Prosent Proxies 45 —142 Majority against the motion The house went into committee, and Mr. Tomlins, the keeper of the rolls of the Rolls Chapel, produced the life peerages up to the 25th of Henry. After some questions had been put to the witness by Lord LYNDHURST, The LORD CHANCELLOR said he did not know whe ther it would be any convenience to his noble and learned friends, but be believed there were eighteen grants to women and grants to persons for life with remainder to col lateral heirs. He had not the paOiculars, but he believed there were not any since those early times. Lord LYNDHURST then rose f or the purpose of pro posing the motion of which ho had given notice. He sa id he was not sure he should be able adequately to perform the task he had undertaken, or whether his strength would bear him through, but having undertaken it he would do his best. The question had been so fully discussed, and noble lords were po intimately acquainted with ovary part of the subject, that he need not detain them at any great length. Ho need not dilate upon the question of jurisdic tion, but as the noble and learned lord opposite (the Lord Chancellor) hail more than once referred to the question, and denied the jurisdiction of their lordships' house, in a tone not very respectful to their lordships' house, ho must advert to it in pulsing. The noble and learned lord had intimated that whatever might be the decision of their lordships, it would be unavailing. (Rear, hear, from the Opposition.) The other House of Parliament was in a much more favourable position than their lordship,' house on the question of privilege. The Speaker of that, house was the guardian of its privileges and authority, and when those privileges were invaded hp stood forward to protect, them. (Hear.) The noble lord opposite, after having pro posed an objectionable measure, said their lordship; ought not to touch it as it was a matter of prerogative of the Crown. Another person, who was waiting. for their lordships' doors to open to admit him. saiddiegmatically that his claim could not be resisted. If this were allowed, there would be an end to the independence of their lordships. That indepen dence would be prostrate in the dust. There was a case which was decisive as to the jurisdiction of their lordships, and that the privilege for which they wore contending was part Of the independence of that house. An alien, it was well known, could not sit in that house, but the Crown could make an alien a peer. Suppose such alien were to come to ! the bar with a writ of summons, why, of course, they would not admit him. He had another case equally strong. Suppose a person, cleated a peer for life, cams to the her with his writ, were their lordships to co-operate with him or were they to resist his admission? What was the first step taken on the admission of a newly-created peer? Why, it was to read the patent. What was that for if they were not to consider the patent. These facts he con sidered were decisive as to their jurisdiction. It was the right of their for [ships to see that the assembly wts pro perly constituted. If a writ of summons wore withheld, they had a right to demand it, and if a patent were in valid, they had a right to reject it in order to see that that house was properly constituted. The noble and learned lord on the woolsack had said there were no means of en forcing the right. If a writ was withheld after they had called for it, there was a remedy, for the house could re fuse to proceed to business until the house was properly constituted. That was the remedy when a writ was with held. On the other hand, if a person obtruded himself without proper authority, it was their deity to direct the officers to refuse to administer the oath, and to prevent him taking his seat. Now, as to precedent. There was but one precedent, that of the Duke of Hamilton and Bran don, that was relied on by the noble and learned lord. The case which it really presented had never been met by the noble and learned lord on the woolsack. The case at the time it occurred was discussed in the house with great energy and zeal, and the house came to the conclusion that the claim was invalid. The question now was, not whether the dicision of the house in that case was right, lent as to the form of proceeding. Not a single observa tion, not even in the protest of the claimant to the peerage, was made as to the course of proceeding. For seventy years that had been acquiesced in. The decision of the house was reversed, but even when the case came again before the house not a single word was said against the course of proceeding. On the other occasions, when peti tions were presented, a similar course was taken—that of referring them to the Committee of Privileges. There was another case, that of the Earl of Banbury, who petitioned to he tried by his peers. The Committee of Privileges in vestigated his title, and said he had not made out his title, and the petition was dismissed. That case came before the Queen's Bench, and Chief Justice Holt took upon himself to say that this house had no jurisdiction. Let them see how erroneous that was. They had an absolute jurisdiction when a peer presented his patent. They, therefore, must have jurisdiction to try every matter incident to it. The house had the jurisdiction as to the principal matter whe ther he was a peer or n o t, an d h ence th ey h a d jurisdiction as to whether the peer could be tried by his peers. The noble and learned lord then read the opinion of Lord Redesdale, in which that judge stated that Lord Chief Justice Holt was in error. There were several other cases, all of which went to establish the right, when applications were made, to examine into titles. Stich cases had been printed, and were on the table of the house. One case was that of the Earl of Lincoln. The house referred that case to the Committee of Privileges. That committee examined the patent and the pedigree of the claimant, and reported in favour of the claiiiiantteking his seat. A case occurred where a peer was elevated to that house as e baron in the lifetime of his father. That baron died before his father, and his son claimed the barony without the intervention of the Crown. That claim was referred to the Committee of Privileges, and the claim was allowed. There were persons who were incapacitated from sitting in either house of Parliament. The Crown could grant a peerage to such persons, but that would not give them a right to sit in that house. (Hear.) He had referred to these cases in consequence of the peremptory tone which had been adopted by the noble and learned lord on the woolsack. The noble and learned lord then read an extract from an opinion of Lord Redesdale, in which he said, that although he haul great respect for the name of Lord Coke, yet he could hot conceal from himself the fact that he would tell any untruth to support his opinions. (Laughter.) He (Lord Lyndhurst) could state many cases in which the judgment of Lerd Coke had been reverse 1. Mach stress had been laid on the dictum of Lard Coke in this matter. All the legal authorities that had been cited turned on the dictum of Lord Coke. That dictum of Lord Coke's cited no authority and no cases. He (Lord Lynd hurst) would show that in no instance had the Crown crea ted a poor for life to sit in that house without the autho rity of Parliament. Ile would prove that to demonstratim. The next authority that had been relied on was that of a Judge—, who was merely the author of a digest. How could that be called au authority ? Then there was the au thority of Bleekstone. He merely took the question upon the bare authority and dictum of Lord Coke. It was clear that he had never discussed or eousidered the subject. Then there was the authority of Sir Matthew Hale, and that was the most cations of all. It was said that because that _judge had said nothing about it that therefore he was of the same opinion :es Lord Coke. Then the authority of Selden was cited. He irorely said that in some instances peeregos had been granted for life. 'Why, that was true enough, anal amounted to nothing. He referred to the mar qnisate of Dublin, but that peerage was granted by the au thority of Parliamesit. (Rear.) That was the case which his noble and learned friend hail made as to authority. It was wholly founded on the dietnin of Lord Coke. There was no instance of a peer for life sitting in the house, ex cept whore the peerage was created under the authority of Parliament. The opinion of Lord Shaftesbury had been cited, but ho was not a good technical lawyer, although he was a great parliamentary lawyer. My noble and learned friend road a short extract from Macaulay's "History," with reference t i the chereeter of Lord Shaftoshnry. He was tempted to throw a little sunshine upon this dull dis cussion, by quoting the words of Dryden, descriptive of Lord Shaftesbury : " In Israel's court ne'cr sat an Abethdin With more discerning eyes, or hands more clean, Uabrib'd, unsought, the wretched to redress ; Swift of despatch, and. easy of access. Oh ! had he been content to E e rve the Crown With virtues only proper to the gown, Or, had the rankness of the soil boon freed From cockle, that oppress'd the noble seed, David for him his tuneful harp had strung, And Heaven had wanted one immortal song." It was not Lord Shaftesbury who alone pronounced the de cision in the case to which reference had been mede ; Lord Nottingham also took part in it—one of the greatest chan cellors that over satin the Court of Chancery. He would di rect their lordships' attention to those cases in which peer ages for life had been granted. The first ease was that of a foreigner ; he hed no right to sit in Parliament, and it. was clear that he never could have sat. In the charter he was Created an earl for life. The next chat• ters were those of the Earl of Oxford and afterwards Duke of Ireland. They would find that the limitation for life was not to the person, but to the eetatesthet were granted to him. Then it would be foaled that the charter was passed by the authority of the lords spiritual and temporal in Parliament assembled. No person who knew anything of the law of this country could deny that that charter was in reality an act cf Parliament. Ho might spare the house the trouble of going through these eltarterg, because they wore all made with the assent of Parliament. The LORD CHANCELLOR —Above half. Lord LYNDHUMT—The whole. The dukedom of Aquitaine was not only granted by the king in his capacity of King of France, but wits also with the assent of Parlia ment. The grant to the Duchess of Norfolk was to a wo man, anti did not touch the present question. The char ters conferring the dignity of a peer oe the king's brothers, the Earls of Bedford and Gloucester, were with the assent of Parliament, and there was every reason to believe that this assent was also given in the case of the Earl of Cam bridge. Thu same result applied to the dukedom of Exeter. Sir John Cornwall was created a peer with the assent of Parliament ; but there was more than that. When a peer took his seat by virtue of a writ of summons that con firmed a peerage in foe. When, therefore, the king con ferred a peerage in Parliament, and placed the grantee per sonally in his place in Parliament, such summons was un necessary. Now, as there was no charter in existence in this case, and as the dignity was conferred in this manner in Parliament, there was every reason to believe the peer age was one in fee. There was no proof of a peerage for life having been conferred by the Sovereign without their assent. What was now sought to be done had never-be fore been done, and there was not therefore a straw to save the noble and learned lord from sinking. Long con tinued usage was the basis on which our constitutional system rested. Look at the descent of the Crown. It was different he two important particulars from the de scent of private estates. The rules of descent, therefore, depended entirely upon usage. Upon this in like manner depended the peculiar position of the Queen-Consort, and upon this also, and not upon. any Act of Parliament, de pended the position of the Prince of Wales. The practise and powers of the courts of common law and of the other House of Parliament depended upon usage. In former times the Crown couldsend writs to summon such boroughs to Parliament as he chose, bat it was never contended that he could exercise that power at the time of the Reform Bill. He exhorted their lordships to consider how they broke in upon this principle of the con stitution. The con stitutional system consisted of Sing. Lords , and Commons —depending for its harmony upon the balance of pots or amongst them. But what wou ld o be f co th in e eo t f hr th ee e p e e s r t m at a e n s e h n a c d e or harmony of the system if ne the power of invading and r emodelling the others ? Refer once had been made to the defective state of that house as a court of judicature. Bat if that was so, there was an easy remedy. They could call in the assistance not only of the common law, but also of the equity judges, and if the judges o f S c otland were made privy councillors, their as sistance might also be obtained. The noble earl opposite (Earl Grey) admitted that the power of granting life peer ages was one that might be abused in difficult and trou blons times. That the sound constitutional principle was not to give any power that might be abused. It was im possible to say when important subjectsmight come up for discussion, and the passions of men might be excited. Un scrupulous men might again become Ministers ; arbitrary monarchs desirous to extend their power might again sit upon the throne. He conjured the house not to place in their hands this formidable means of attaining their ends. The noble earl, who was nearly inaudible during the latter part cf his speech, concluded by moving that the committee do agree to the following report :—" The com mittee has, as directed by the house, examined and con sidered the copy of the letters patent purporting to create the Right Hon. Sir James Parke, Knight, a Baron of the United Kingdom for life ; and they report it as their opinion that neither the said letters patent nor the said letters patent with the usual writ of summons issued in pursuance thereof, can entitle the grantee therein named to sit and vote in Parliament." Earl GREY said he was induced to make the motion of which he had given notice from a strong sense of the dan gers which would attend the adoption of the motion made by the noble and learned lord. Though he could not say that the noble and learned lord had convinced him upon the legal point, yet ho admitted that the house had prac tically decided that question by going into committee, and he should not seek to induce them to rescind that decision. But even if he admitted that the prerogative had in this case been improperly exercised, still that would not afford. SHARE MARKETS. (THIS DAY.) RAILWAYS. Closing Prices yesterday RAILWAYS. ...... kmbg. Nottug. Bout and Basin. Junct... 301 fast & Ballymena. Mrming. Wol vo rh Stour Valley 13ir e fed. Lan,sl Cheshire Junct Do. Cheyh. 4 Birk. £5O and £25 Cons Do ., £20 ... Myth kTya s origina £25 (ieskat £45 rristol and Exeter. Caledonian. ........... h" arm. and Cardigan: Chester & Holyhead. Cork and Bandon.. Cork, Black, Is Pass Cornwall Do. A Do. B Crie T Junction Dublinezßelfastamc. Dun. P. ilg Aber. Jnc. East Anglian Eastern Counties.. 1 East. Union. A. Bti Pe., B. Stove ,. Do., Now A....... 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That was the only issue raised by his reso lution. Now there was the greatest possible difference be. tween an unlawful act and the wrongful exercise of an existing prerogative. The arguments that rested on the inexpediency of reviving an obsolete prerogative in the ere Ltion of life peers, went strongly in favour of censuring the act of the Ministers. Bat they did not go for anything in support of the resolution before the house. But had the noble and learned lord proved that the creation of this life peerage was clearly in excess of the prerogative ? He thought this had not been done. Ia the first place, there was a consistent stream of legal authorities to that of Lord Redesdale, all tending to show that this power was in the hands of the Crown ; and it did appear a most extraordi nary way of destroying these authorities to tell the house that they came to nothing because they all blindly followed Lord Coke. He thought this could hardly be said of such men as Selden, Blackstone, and Lord Rodesdale, particularly of the latter, to whom the helm referred the consideration of the question of the " di,guity of a peer." And yet Lord Redesdalo, in the elaborate report which he wrote on the subject, assumed the fact of the power of the Crown to make such a creation as it had done in this case. Then, if they looked to analogy, there was the strongest reason to suppose that the Crows had the right to create a peerage for life.. It possessed the right to create peerages in fee and tail, and also in remainder. Now, in the latter case there wore two grants ; ono to a man for life, the other in reversion to a second person. low, surely if it was lawful to grant the particular estate and the re. version at the same time, surely it was also lawful to grant the particular life estate without any remainder,. Then it was admitted that peerages had been granted'fer life in a great number of cases. No doubt many of the later cases were to women, who could not sit in Parliament. But it was rather too strong a conclusion to draw from this that no person who had only a peerage for life granted to him could not take his seat in Parliament. Peerages were granted for life without contest up to the reign of George 11. Two of them were summoned to the coronation of George 11. Now it must be proved, in order to discard these creations as precedents in the present ease, that if these patents had been filled op in the name of a man in stead of a woman that would not have entitled him to sit in Parliament. But this had not been done. He admitted that the life peerages at an early date could not be quoted as precedents, because they were in many eases conferred with the assent of Parliament. He did not think that this had been proved in all cases. For instance, notwithstand iug the ingenious argument of the noble and learned lord with the patent in the case of Sir It. Cornewall before him, in which there was no remainder to heirs, he could not come to any other conclusion but that the Crown had then the power to create a peerage for life. Until the coin. mencement of the present controversy, with the exception of the anonymous note to Coke upon Lyttleton, there was not an authority to show that there had been doubt cast upon the Crown's possession of this prerogative. Indeed, ever since this controversy had arisen, none of the noble andl earned lords opposite had ventured to assert in so many words that this creation was in excess of the pre rogative. Indeed Lord Lyndhurst, both in his former speech and in that he had just delivered, had studiously abstained from giving a positive opinion upon the point. Lord Campbell was equally dubious ; and Lord Brougham stated that he inclined to the opinion that in point of strict law the Crown had such a power. That being the case, let them look to the arguments that were relied on to esta blish the invalidity of the patent. They all rested either upon the non-ekercise of the power, or upon . the assault). tion that an hereditary character was of the very essence of the peerage. Now he could not think that, under the cir cumstances of the exorcise of the power up to the timeof George 11., mere subsequent disuse could deprive the Crown of it. The second argument was a mere assumption, for which no authority had been given. He did not ask the house to assert the validity of the patent, and the desirability of granting it. All that he asked was to come to the deter. mination that it was not right, on doubtful and uncertain grounds, to refuse to admit the exercise of the prerogative of the Crown; and to decide on their authority against the right of Lord Wensleydale to take his seat. Let them con sider how great were the difficulties in which they might involve themselves by adopting the resolution of Lord Lyndhurst. Let them beware how they incurred the re proach of stretching their privileges and their authority beyond their just bounds. That house was most deeply interested in maintaining the authority of prescription ; and in attacking the prerogative of the Crown on this ques tion they might be laying the founnation for assaults on their own power. The House of Commons had always shown great jealousy of any encroachments on behalf of the House of Peers. It was not impossible that a collision be tweet' the two houses might be the result, if the lower house thought the upper was endeavouring to extend its privi leges. Before he concluded there . evas one point to which he must advert. He would entreat their lordships to reflect upon the great danger that would result from rejecting Baron Wensleydale when he offered himself, upon the grounds that had been argued for during that debate. If it had been put upon a clear case of law, if it had been like that case in which a writ of summons had been directed to a person who was clearly disqualified—it would have been an entirely different thing. In this case, however, *much larger authority had been assumed. Tho (hanger was the greater because, if ho understood aright the noble and learned lord who had introduced the motion, he did not deny the prerogative, bat disputed its exercise. If this prin-• ciplo were attirmod, it might be argued another time that too many hereditary peers were created, and the house might interfere to prevent the extension. If such a course were adopted, it would frisk° that house an irresponsible and uncontrollable authority. (Hear.) If that doctrine be. came established; the constitution would be destroyed, and • the most serious consequences would follow. Ho thought such a course ought not to be adopted unless their lord ships were firmly convinced that the act which had been done was beyond the strict legal power of the Crown. The noble earl concluded by moving the following amendment: —" That the highest legal authorities having concurred in declaring the Crown to possess the power of creating peer ages for life, and this power having in some cases been exercised in former times, the House of Lords would not be institied in assuming the illegality of the patent creat ing the Right Hon. Sir James Parke Baron Wen'sloydale for life, and in refusing upon that assumption to •permit him to take his seat as us peer." The Earl of STANHOPE said if this wore only a legal question, involving merely a profound knowledge of the law, he should not interf ere , b u t th e constitutional bear ings of the question were now before the house, and that was the point to be discussed. He regretted the course her Majesty's Ministers had taken. He acquitted them of any improper or sinister motives, but still ho thought they bad taken an improper course in supporting a prertgativo of such doubtful legality. Their Ilerdships must feel that after such manifold changes in . the constitution the Go vernment had acted most unwisely in reviving a preroga tive which, if it were hot invalid, was equal. after the lapse of so long a time, to creating new powers. There could be no doubt that there was a po;ver in the Crown to refu-o the royal assent to bills that hail passed both house of Par liament, and that power had undoubtedly been exerciAcel. ' Clear and certain as he admitted this privilege to be, would it not be dangerous for her Majesty's Ministers now to advise the Crown to refuse assent to hills which had passed halt houses cf Parliament ? The privilege now claimed heel been in abeyance more than 400 years. and for all practical purposes it bail fallen into disuse. Therefore, he thought, theme were sufficient grounds for supporting the motion of the noble and learned lord (Lord Lyndhurst). Ho could go so far with the noble lord opposite (Lord Grey) as to say that if life peerages could be guarded-from abuse and limited in number, they might bo useful, but still, he thought, independence was a necessary adjunct of the peerage, aced if indigent peerages were cre a ted it wou ld un doubt lose its independence. (Hear, hear). He had admitted that, under certain limitations, life-peerages might be neriful. Why then did he object to the patent of Baron Wensleydale? Simply because he thought the power given to the Ministers of the Crown in overruling the decisions of that, house greatly preponderated over any advantage that 'night be received. (Hear, hear). With such power in his hands a minister might in each case argue that he was not committing a perrnauent; but merely a temporary inconvenience. If a minister created ten or twelve peers, another minister might create ten or twelve more to counterbalance their influence, and a third might create another batch to overrule the influence of the last, and so the greatest possible inconvenience must arise. (Hear, hear). He lied the greatest respect for the late Earl Grey, but he thought the threatened precedent of 1832 suggested the most serious doubts es-to the policy of such a movement. If Lord Grey did not adopt that course, must it not have been because he entertained the most serious doubts as to the legality of such a course ? He thought that such an act could only be jiretified by extreme exigency, and he trusted their lordships would resist the granting of any facilities fir the creation of such peerages. He thought their lordships might well consider whether or not the motion of the noble and learned law lord afforded them the greatest security ; and if he came to the propo; sition of the noble lord opposite (Earl Grey), he found only a weak protest, and no security iu the misty haze of that amendment. As ho had before stated, he should have no objection to life peerages if they could be limited in num ber, or if the qualifications of the persons admitted could be secured. lint still he thought i t was theduty of their lord ships to do all they could to avert the threatened evil, for any large extension of life peerages would soon entirely alter the constitution of their lordships house. In almost all States the difficulty beet been not with the elective but with the higher chamber, and ho might ald, that , but that it in almost every State e t ates menbhearcni a c d o e m a e t t e o o t o h e e conclusion that a house of peer s could not could only grow. He would lay before their lordships the opinion of the Emperor Napoleon I. on the subject. He said that the House of Lords seas the great bulwark of the English constitution. He could, ho said, make 40 new sena tors in France, but he could never create a House of Lords. That was the opinion of Napoleon 1., as chronicled by Lcrd Ebrington in 1814. If the system which her Ma jesty's Government had now introduced were allowed, it would be dangerous, unless securities were taken against its abuse; and unless such securities were given he should give his vete in favour of the resolution of the noble and learned lord. He did net think the appellate jurisdiction of that house was in a satisfactory state, but there were several means of improving it without the dangerous blow to their lordships' life peerages. Ho thought the sys tem of lay peers was a mockery sod a farce, and it was not good for the dignity of their lordships' house to maintain it. He should vote for the resolutions of his noble and learned friend, to whom he thought their lordships owed a deep debt of gratitude.- There was no other instance of a statesman past four score being able to take such a part in public affairs, and he hoped that he would yet be spared for years to do so. • The Duke of ARGYLL said that the object of the creation of this peerage was simply to strengthen had appellate jurisdiction of that house. The Government had no conception whatever that they were creating a co tutional question. They found all great writers, from Lord Coke downwards, in favour of the right. Nay, m ore. they were supported by the judgment of man . of the leg a l a G u o t v h e o r r n i m t i e e s n i t n . th s a t t reas house, w had bheeonwlearide uponnow opposed t thefact ofothe tha law officers of the Crown not having been consulted. That objection came with a very bad grace from men who had that night refused to consult the judges. They were not a po licy. They had a right, not as p eers o f Par liamentinognly, but as Englishmen, to consider ma tt ers o f discuss constitutional right. That was a right inherent in every Englishman. The constitution of this country was not written, like the constitution of the United States. The co nstitution here was the very air We breathed. Now, as to the proceedings of the committee, what was the meaning the resolution? Why, it s i Lubt, on the legality of the o h f () t the ed w t o b r a d t p a ; r threw g a " patent, and bad no reference to the right of a seat in that o le sn n o e b a l i o ol e i n l house. This, iu his o pinion, threw suspicion upon !he pro kelppleoaeritnee(dLolrdordLsywndhbue r y es sited c Now htbeeeebteiliibgealid affithi th 4er at no su c h conseq uences would floir Wm this measure as were anticipated by the Lord Chief Justice, name ly, that in future no lawyer would be created an hereditary peer. They ought to come to a conclusion upon this subject, simply upon the law and upon precedent. Not only had the noble lords opposite failed to make out the invalidity of the patent, but they slid sot dispute the TO 100 , IUG 100 3?, 100 100 21i 100 100 31 lei 20 10 10 17 al. all lion all 3 %I I i~r ;~ 9 i i 82i 2 70 i 761 I 101 i :.