The Sun. — London, England, 1856-02-15 00:00:00

a blind judge, he could not conceive how it could be re- r sisted. It might be said that Judge Peuntftther need not take these cases, but he (SirJ. Shelley) found that the next Judge on that circuit would bo Judge Torrens, who, he be lieved, was still more infirm than Baron Pennefather ; the return, however, which he should move for would, if granted, show whether he bad over-stated the case, though he had been informed that Judge Torrens had frequently been obliged to refrain from attending to the business of 'his court. He had understood that the judges in Ireland had no retiring pension, but he found that that was not so, and therefore it did appear peculiar that they should not take advantage of it. The hon. baronet then referred to the retirement from the bench on a pension, some years ago, of Mr. Justice Edward Pennefather, a younger brother of Mr. Baron Pennefather, and said that they had had of late some examples of English judges voluntarily retiring from the bench, and amongst others he might mention the names of Lord Denman and Mr. Justice Patteson, as to whom all would allow he had shown vigour and great capacity in transacting business, for he had ably conducted the impor tant inquiry into the Corporation of the City of London. (Hear, hear.) This able judge retired from the bench be cause he had become deaf. A friend one day said to him. " Why, you are perfectly well, for you can hear me ;" and the answer was, " It is true I can hear you, and I can also hear the counsel plead before' me but I find when women and children and nervous persons are under exanii nation, that I do not hear them unless I make them speak very loud in giving their evidence, and this I feel to be bad for the proper administration of justice, and therefore shall retire.' This was highly commendable in the learned Thou, again, with regard to Mr. Justice Alaule, he had retired from the bench because, through illness, he could not perform the business on circuit. He felt that if he were not able to go through the circuit, he ought in jus tice to retire from the bench. He hoped that, if this motion were granted, it would have the effect of making these venerable men feel that they ought, in justice to the Irish Public, to give up their seats on the bench, and he could not help thinking that the Government ought to put a stop to those things, which might be considered a scandal to the Irish bench. He regretted that men, when the evening of their lives had come upon them, and when they had had a Warning that they would soon be called on to leave this world, did not withdraw into private life and the society of their friends and relations, rather than expose them selves to the public gaze. He thought that the return he should move for ought to be made, if only in justice to these venerable men, and he hoped he had not been led into saying anything against them which could give offence, as the only thing against which ho regretted was, that they Were no longer able to perform their duties with satisfac tion to themselves or with justice to the public. (Hear.) The motion having been put by the SPEAKER, Mr. KENNEDY said ho should move as an amendment that the words "in Ireland" be omitted. After a short pause, Nr. NAPIER rose and said he certainly expected that these venerable judges would not have been deserted by Ler Majesty's Government. (Hear, hear.) He would state that it was of immense importance to sup port the courts of justice in Irelaud, and ho 'asked the house not to allow an hon. member to subject those judges of the land to allegations of misconduct and improper con duct. What did they expect from the people of Ireland, if these high . and venerable magistrates were to be subjected to such attacks, and left unprotected by her Majesty's Go vernment. But the hon. baronet had not been content in dragging the infirmities of living men before the house, but he had opened the grave to pass comments upon the dead - -upon a man who was distinguished in his profession. The late Mr. Justice E. Pennefather was a learned man, as upright man, an impartial man, and as good a man as ever lived in Ireland or England, and his memory had not been left untouched by the hon. baronet. Was that justice ? The infirmities of Justice Pennefather were not the only ones referred to, but his own infirmities were dragged before the house. (Hear, hear.) He did admit that there was a time when it would have been the proudest gratification of his ambition to have had a seat upon the bench, but if he had expected such a proceeding as the present—such an attack upon the bench—he would rather nave stripped the gown he was entitled to wear than tee subject to such a scandal. (Hear, hear.) What was this attack upon the judges for misconduct? Had a suitor suf fered ? Had Rey proceeding, criminal or civil, suffered ? No. It was not pretended in that house that any man had suffered any injustice. He would ask what was themeaning of the " independence of the judges?" Was it for the per sonal advantage of the judges? No; but it was bestowed upon them for the good of the people. The judges had to de cide questions between the Crown and the subject, and, therefore, of all men, they ought to be independent. But look in what a position they would place the judges if this mo tion were agreed to. A friendly Government would not See the infirmities ofenen, but if the Government were un friendly, they would wish to remove them from their posi tion. Heremembered when Ba:ron Smith was attacked in the house. He remembered the memorable speech of Sir R. Peel on that occasion, which redouuded to the honour of that great statesman. What did they propose to do in this ease? Let them take the case of Chief Baron Lefroy. He did not believe that at that moment they had an abler judge ,seft judge more competent to administer every branch of law—than ChiefJusticeLefroy. What was the allegation against him ? Simply that he was an old man. Was that A disqualification in that house ? He saw men in that house eminent for judgment and wisdom, combining the experi ence of age with the energy of younger years. Was that A disadvantage? What was the case of Baron Pennefather? Re was a very remarkable man, more so than any man in that country. Of late 2or 3 remarkable cases had come before him. Since the time of the Common Law Pro cedar° Act, a consolidated Nisi Prius Court had been esta blished ; and in that court he had frequently presided. R e a had asked a gentleman practising in that court whether Baron Pennefather had shown symptoms of breaking up, lad he was assured that he never had shown more vigour and ability than when presiding in the Court of Exchequer. 14. 0 one who had presided in any court in Ireland had been egarded with more respect and veneration than Baron Pennefather. Lot them see what they are now asked to do. There' was, first of all a motion fur an inquiry, but that was abandoned. During 35 years that he had been judge_ he had never been absent but on one oc casion from circuit, and then only when his only son was- dangerously ill. That and one other was the only oceasiou. (Hear, hear.) Ho did not know that Chief Justice Lefroy had been ever absent. Mr. Jus tice Torrens had been three years on the bench ; he hod been absent once. Six of the Irish judges had been men tioned to the House—and they expected the people of Ireland to obey the laws which were administered by those men ; and this was listened to in silence by her Majesty's Go vernment—that six of her Majesty's judges in Ireland were incapable tof acting from their infirmities. Ho insisted that the House could not, and ought not, to interfere in this question without au address to the Crown. It was in the nature of a criminal proceeding. And what was the nature of the crime? That they were old men. (Cheers ) The question of incapacity was a matter of proof, afid net a shadow of proof had been advanced against Chief Justice Lefroy. The house was aware that an attempt was m ids hug ago to remove Baron Pennefather—(cheers)—an at tempt which was repeated more than once. It was the opinion of the Government that ho ought to have retired, that, in other words, he ought to give way, or means would be found to make him give way by the agency• of the House of Commons. (Cheers.) Anti what was the testimony of the barons Of hia own court? He had a let ter from. Cleief __Baron- Pigot on that subject, which ho Would proceed to read to the house 22, Stephen's-green, Feb. 12, 1853. "My dear Napier,—You request me to acquaint you With my opinion of Baron Pennefather'e 'capacity and the assistance which he is able to give in discharging the judi cial business of the Court of Exchequer.' In my judgment Baron Pennefather's capacity is as great as I have ever known it. I have found no diminution in the value of the assistance given by him in discharging the judicial business of our court. I ought, I think, to state, that as long as I have known him he has been in the habit of desiring the Material parts of documents to be read out in court, rarely Perusing them on the bench, and apparently relying (pro bably.from long practice as from early self-discipline) upon the singular memory with which he is gifted. In the readi tees, accuracy, and tenacity of that memory; in quickness of apprehending and collecting facts, dates, and arguments ; in hearing e in voice, in reasoning powers, whetherdisplayed in consultation with his colleagues or in explaining the grounds of his judgments; and in the use of all these fa culties, while applying his great knowledge and experience to the practical despatch of business in tho court, he exhibits the same clearness, acuteness, and vigour which have always distinguished him. It is difficult to convey to those who have not seen him engaged in that business the amount and the value of tan aid which he contributes towards its execution. It is unspeakably painful to me to communi cate in this manner upon such a subject as that of the qualifications of one of my colleagues on the bench. I col lect from your letter that you seek this information with a view to an expected proceeding of which you understand that one of the objects is to assail Baron Pennefather, and with a desire to defend him, if so assailed. Lot me freely say, that nothing else could justiy the inquiry, or induce me to answer it. But I feel that I should act a tame and Unworthy part towards a judge before I practised much in my busiest years at the bar, and towards a colleague frorti . whose great qualities I have received the most valuable assistance, rendered with the most frank and cordial co operatien for more than nine years upon the bench, if I withheld this reply. I have, howeveli, gush a repugnance to the bringing of a correspondence of this nature before the public, that I cannot authorise you to make any .use, cave a private one, of this letter, unless a reference to it in another way shall become essential for the interests or character of Baron Pennefather. I think the Attorney- General ought to be apprised of any communication which takes place between us on such a subject us this I shall, therefore, send him a copy of this letter, and shall state to him the substance of yours.-1 remaiir, my dear Napier, very truly yours, " 13. R. PIGOT. " The Right Hon. Joseph Napier, M.P." The Chief Baron had sent a copy of this letter to the Attorney-General for Ireland. Chief Baron Richards writes as follows : " Incumbent Estates Commission, 14, Hens ietta-st., Dublin, Feb. 4,185 G. " Dear Napier,—ln reply to your letter, this moment received, I am happy to have an opportunity of expressing any full concurrence in the general opinion entertained in this country as to the judicial of of my most excellent friend. Baron Pennefather. With regard to the unfortunate infirmity of sight under which he has latterly laboured, I can only say that during the time I have had the honour and pleasure of sitting beside him on the Exchequer bench, up to the present moment, I have never known of any incou venience to the public having arisen from that cause. His memory and vigour of mind are most extraordinary, and I can bear full testimony to his great power of taking up facts, and to his general aptitude for business, notwith standing the infi r mity t o which I have alluded.—Yours very faithfully, " JOHN RICIIARDS. " For the Right Hon. Joseph Napier." Baron Greene says : " Stephen's-green, Feb. 4, 1856. " My dear Napier,•_According to the Times newspaper, Mr. T. Chambers, and not SirJ. Shelley, is to bring forward the subject of the present state of the judicial bench in Ire land; It would appear from a paragraph in the same paper, that the motion, although general in its terms, is levelled principally against our brother Pennefather. You are aware that it was his turn to Bit during the last term in the Consolidated Nisi Prins Court. Notwithstanding his duties there, he sat with us in the Exchequer almost every day until an unusually late hour, the business of the court having been of more than ordinary extent. Ido not think that I have ever known him display greater ability, judg ment, or general efficiency than during this period. His profound legal knowledge, sagacity, and wonderful memory have not been more conspicuous at any time since I first knew him. We have all, I feel sure, entertained the utmost deference to his opinions. For myself, I can truly say that I skould feel thegreatest distrust in any one of minein which I might unfortunately differ from him. His j udgment in the case of Kelly v. Thewles, in which I was one of his col leagues, excited the admiration of all who heard or road it. And his exposition of the law in the recent case of Butler v. KELLY, to bills of ate of the for courts appoint . been ab ; during my, give/ what iu• Crown too le absence me of the ch he had ) house to move for o be, that I age and ties. Ile ect which I he could t it war * a the year f London , rdicial re• oble lord and, h • ng tarna, it fise uiry i 1 3,1 shop. in ord Br Tho b° l3 ' en ha W 0 fe, there • Lb. boo. correctill a go, so' rid]. tha y that ° return moved for by the right hon. gentleman would not establish the case which was supposed to exist. Mr. DISRAELI—Sir, I should not have presumed for a moment to have come between the house and the important business that follows on the paper, but for the observations of the right hon. gentleman the Secretary for the Home Department, who has just addressed us. They appear to me, I confess, so unsatisfactory, and meet so little the merits of the question, that I could not reconcile myself to bo quite silent upon the eubject. I have not the honour of the acquaintance of Baron Pennefather, and the only know ledge that I have of the circumstances brought uudcr our consideration to-night I have gathered in this debate ; but I have enough to show me that there is connected with the subject much that ought to interest every member of the House of Commons. I think that, though the debate has been brief, its origin, its conduct, and the whole course of the discussion, have been somewhat remarkable. The hon. member for Westminster brings forward a motion which, if it means anything, must mean, at least to unlettered ears, that in consequence of the age of the Irish judges, they are unable to fulfil their duties to the public by at tending the circuit. The right lion. gentleman the Home Secretary confesses that, in consequence of a question in this house last session with reference to that subject, he felt it his duty—and certainly it was his duty--to couuou ni:ate with the Lord-Lieutenant of Ireland, and inquire whet'ser it was true that the Irish judges did not fulfil their duty to the country, and did neglect going cir cuit in a manner that might have been expected from men who held high office. By the admission of the right hon. gentleman himself, he received in answer that the ' judges did attend circuit regularly and sedulously, and then he says in answer to a motion which is to convey a censure upon the Irish judges, because they have not attended cir cuit, " wo felt it our duty to examine whether this allega tion was true, that the Irish judges did not attend circuit in a manner rat might be expected by the country, and we found that the allegation was not correct. (Cheers from the Opposition.) We found that the Irish judges did attend circuit very regularly, but, by the bye, one of the Irish judges is blind, and therefore we shall agree to the motion." (Laughter.) I must say that that is not to me a satisfactory mode of meeting the question before us. If the Government, by their researches and their official communications, have ascertained that the assumption upon which apparently the hon. member for Westminster framed his motion, was utterly unfounded and fallacious, it seems to ma that it would have been more straightfor ward and candid if the Government had given that as a reason for not assenting to a motion, which, in itself, is not very important, but in its consequences may be inju rious to those learned gentlemen, and which, viewed in a certain aspect, may afford a precedent which many of us, on both sides of the house, may live to regret. There are other-parts of the right hon. gentleman's speech which I cannot help alluding to. He called my right hon. friend (Mr. Napier) to account upon a ground which appears to inn to have been entirely erroneous. He accuses him of laying it down as a principle that the conduct of the hon. member for Westminster in making the motion, and infe rentially of the Government in assenting to the motion, was unconstitutional ; and the right hon. gentleman says, " on the contrary, the house is not going to sanction the principle ; that it is not the duty of the House of Com mons to inquire, if necessary, into the conduct of j udges ; that it is the duty of the House of Commons not merely to inquire into the conduct of the judges, but also to pro ceed to t a ke alteri or s t e p s if th ey t hi n k th it there has been any neglect in the administration of the judges, or if any of the j udges have not fulfilled their duties to society." But my right hon. friend never said anything of the kind. He did not deny the right and the privilege of the House of Commons to interfere if they suspect any injustice on the part of the judges ' • but what he did say, an 1 said most f ors - ibly, "it is not politic, nay, I think it is unconstitutional, for the House of Commons to interfere with the conduct of the judges of the land, unless they impute corruption or inelliciency—(hear, hear)—and unless upon those allega tions they are prepared to act and to address the Crown to remove the judges." (Hear, hear.) I have not heard that any injustice or inefficiency is imputed. (Cheers from the Treasury.) Whether those cheers from the Treasury bench are cheers of approval of the principle I have laid down, I know not, but if cheers of assent, I say that the course of the Government is a spire lass course. (Opposition cheers.) I say that, under any circumstances, it was not their duty to sanction the motion of the hon. member for Westmin ster, even if it had inclined to the opinion that the indi vidual chiefly interested in our discussion had not attended circuit on account of the infirmity to which he is unhap pily :übjected. The motion of the hon. member for West minster does not refer to that infirmity and that impres sion, and, consequently, all the three cases which he brought forward—let the hence remark this single circumstance — have entirely failed. (Hear, hear.) If he said there are two judges who don't attend the circuit—and one who is blind—we could not deny the unfortunate circumstance of Baron Pennelather being blind ; brit the hon. member fur Westminster has framed his motion with such singular un adroitness that he absolutely does not touch the only fact which is admitted in this debate, and is susceptible of de monstration. (A. laugh.) Every man of sane mind and po litical experience must feel convinced that nothing can be more indiscreet, unwise, impolitic, and ungenerous than pullin g the judges of the laud int o th e H ou se of Commons, unless there is one of those irresistible cases which ren ders it ti, duty of the house to interfere. (Hear, hear.) Au interference with the administration of justice by a branch--and a popular branch—of the Legislature, is the last and , most solemn cause which aggrieved subjects in this land can, by petition, ask you to take ; but in the present case we have not a petition which refers to this learned in dividual. We have not a public complaint. (Hear.) We have not, strange to say, an anonymous slander. Wo have gentlemen rising in their seats and reading even articles from newspapers. (Hear.) The only article which was read from a newspaper—and the right of hon. mem bers to read these I was not aware of until to-night—was absolutely one in favour of Baron Pennefather. What are we to think of the Government assenting to and sanction ieg the incoherent proposition of the hon. member for Westminster? and what are we to think of the opinion of the accomplished and amiable viceroy on whose communi cation, I think, they so unadvisedly acted? The perplexed Cabinet consult the Lord-Lieutenant, and he writes to this effect—" He has the pleasure to inform the right hon. se cretary that all the Irish judges are in perfect health, and are about to attend the circuit. He regrets, as an abstract principle, judges being blind, but he feels it his duty to state that, if Baron Pennefather leaves the bench, his loss will be a serious injury to the Government." (Expressions of dissent.) No ; the Lord-Lieutenant did not state that. (Laughter.) Probably he expressed his opinion of the value, character, services, and career of Baron Pennefather in much more graceful language than I am able to do it in the hurry of debate. But, as au Irish judge, the Lord- Lieutenant said his services were invaluable. (Hear.) Nay more, as my right hon. and learned friend has just in formed me, the Lord-Lieutenant said, in answer to the confidential inquiry of the Prime Minister, that if Baron Ponnefather quitted the bench it would be a great loss to Ireland. (Hear.) And because you waist to give him a hint to quit the bench, yon sanction this miserable and indecent motion. (Cheers.) Well, upon the constitutional point, I imagine that on both sides of the house there cannot be the slightest difference of opinion. No man can say that it is advisable that the conduct of the judges of the land should be brought under discussion in the House of Com mons unless the case is Blear and strong, and I think that sanctioning It motion which the right hon. secretary ad mits, if granted, will nob affect the only point which can at all interest the house in this matter, viz., the peculiar infirmity of an individual, is one of the most unsatisfac tory courses which a Government can take. This gentleman, whom I don't know, except by fair repute — which we all acknowledge—is a judge, and he is old. (Hear.) That is the great fault in, the eyes of the Secre tary for Ireland, who cheered the observation. Mr. HORSM AN—No. Mr. DISRAELI—WeII, then, he thinks it a merit. (Hear.) The right hon. member for the University of Dub lin very happily alluded to that groat display of eloquence and intellectual power which commanded, I may say ar rested, the attention not only of this country but of Europe in another place, a few nights ago—made by a man who also was a judge, and who, fortunately, is older than Baron Pennefather. Whet a compliment to the distinguishedand able man who brought forward that question is the cour:e which has been taken by the Government to-night. In fact, I can only account for it iu this way—that it is a kind of a return on the part of the Government for the division in another place. (A laugh.) What a compliment to that noble and learned lord, when those who may not agree with his views all agree upon one point—viz., in admira tion of his eloquence and ability. What a compliment to the House of Commons, that, by a side wind and by a back door, it should be called upon to come to a resolution that judges of 82 aro incompetent, and ought to retire from the bench. Who sups orted the noble and learned lord on that occasion ? Were they in green youth who came to that groat oratorical arena to vindicate tie principles of the constitution, and by their learning to command the respect and attention of the country ? Why, I dare say, there was not a man among them who had physical energy enough to be a candidate for the city of Westminster. (Laughter.) That debate was conducted and sustained by men, very few of whom were inferior in age to the Irish judge, whose conduct is brought before the House of Commons without a single complaint having been made against him —(hear, hear)—and what answer would it have been for the Government on that occasion—not very remarkable for their prowess in debate —had the leader of the Govern ment in another place risen and said, " This important question has undoubtedly been brought forward by one who had au illustrious reputation with ,great eloquence and learning, and has been supported by half-a-dozen of the oldest and wisest men in the house. But I cannot believe the peers of England would sanction a resolution which be aimputations after man a a on f few old men hav e p ropose d , counselled, and supported. " (A laugh.) I can no t myse lf b e li eve that the House of Com mons, minutes' con s id e r a tion, will sanction these a r g h a a i i n p n t s s el intellectual nu individual n w a r h e judge o v in i lod a I 1 :o foafdemffi effi ciency greati t o experience,y in c d, great perhaps, Ireland, and whose panegyric has been read to night, written by one who is a political opponent, and who was promoted a Baron of the Exchequer by political influ ence, but who, with a frankness which does him honour, has on this important occasion expressed in admirable lan guage the clear convictions of his reason. Well, sir, it is not age that is the crime—though th a t i s never t o b e for given even by the House of Commons—but the judge is blind. Why, I thought the peculiar characteristic of jus tice(Cries of " Oh !") It w certainly ast h h a a s t b i e t en w rro v t si ob t e o - b n l i i g n h d t . that it is not. Yet some of the greatest men have been blind, and under these circumstances have achieved and accomplished their great est deeds. I need not remind the house that the greatest poem of modern times was written by a blind man. The city of Constantinople, which even the Czar of Russia could not take, was taken by the blind and more than oc togenarian, Doge Dandola. I believe the truth is that the doge was nearer 100 than the age of Baron Pennefather he being 97 years old. Why, the eminent person who so distinguished himself the other night in the other house of Parliament, and who is older than Baron Pennefather, was himself couched for disease of the eyes ; awl y e t no one has ventured to charge him with incompetency. Sir G. GREY said that it was ten years since that noble and learned lord was a judge. Mr. DISRAELI— I am surprised to hear a member of the Government get up and say that Lord Lyndhurst is not a judge. Why, isnot the House of Lords the highest judi cial tribunal in the kingdom? and does not the noble and learned lord constantly attend in his place to discharge the highest functions of the bench? (Hear, hear.) This is a motion which confessedly cannot injure Baron Penne father. On the contrary, it will redound to his credit, but whether it will redound to the credit of her Majesty's Mi nisters is a question which I will leave to the country. The ATTORNEY-GENERAL did not mean to assert that because a judge was turned 80 years of age he should be removed from the bench ; so long as he retained the fa culties of mind and body sufficient for the discharge of the important duties of his office so long was he entitled to re tain it. It was stated last session that some of the Irish Judges, in consequence of their age and infirmities, were incapable tf going circuit. His right hon. friend, the Home Secretary, had thought it his duty to inquire into the neat- Mountgerret evinced a degree of learning, accuracy, and discrimination rarely equalled in either country. His devo tion to the judicial duties is well known. I believe I am correct in saying that he has only absented himself from one circuit during his long judicial career. The high opi nion which we all entert din of him is, I know, shared by the bar, many of whom I have heard express it in the most nuqualified terms. I have never Icearel any complaint or dissatisfaction expressed, either in public or in private, as to his performance of his duties. Personally, I have long, I acknowledge, entertained great affection and regard, as well as respect, towards him, and should feel extremely concerned that he should be selected as an object of attack, to which he is as little open in justice as any member of our body. I hope that, whatever shape the motion may assume, it will include us all.—Believe me very sincerely yours, " MusD. W. GREENE. "Right Hon. J. Napier." These were the opinions of eminent judges, to which he would beg to offer his own ; from having had many oppor tunities of judging, ho did not think there was any man of either country—if he were bound at that moment to se lect—whom, in point of excellence or wisdom, ho would prefer to Baron Pennefather. The hon. baronet said that some cases on circuit had no opportunity of being impar tially tried, as the judge bad not the power of inspecting and comparing legal documents. But he (Mr Napier) al ways thought that that was the duty of the jury. Iu a remarkable case which had lately been tried before Baron Pennefather, involving property of a large amount, the Case came by way of appeal before the Chancellor ; and, after five days' argument, the Chaucellor, in affirming the decision, said there was nothing to complain of iu the care and ability bestowed upon it by the learned j edge of the court below. This was the man of whom the Lord Chan cellor of Ireland had thus spoken in the year 1853, and yet he was to be told that this learned judge was a fit person to be dragged before the House of Commons—to have his infirmities criticised, and to have a stigma oast upon him. He asked them, if they cast this stigma, whore they would find a judge of honour and independence who would take a seat upon the bench ? What was the age of Baron Wood when he delivered that great judgment embrac ing all the law on the subject of evidence in cases of libel? Ho was about 80 years of age. What encouragement and reward were they about to give to public men ? He admitted that thislearned judge might have retired years ago; but as he him self said, with a perspicuity and power never excelled, " I have confidence that the House of Commons will do me justice. I am anxious for the independence of the judges, and I do not wish to have it assailed by one branch of the Legislature. I consider the motion as trenching upon the independence of the bench, and insulting to individual judges ; but if there be any complaint, it may be right, in a proper way, to investigate that Complaint ; but if there he no complaint nor incoveeience, it may bo surely left to each judge to decide for himself at wh it time ho ought to retire from a trust which he holds for the public bene fit." The learned judge added, "If any one disinterested person—(hear, hear)—had stated to mesany inconvenience, or suspec el inconvenience, likelyto arise from my going the circuit, I would have gone into the matter, and consulted with those of my friends who were competent to advise me, and I would not have suffered the public to be im posed on, or myself to be disgraced ; but as there has been no complaint, I cannot see how justice can be furthered by such a motion. If the Government does its duty, it will resist a motion which exposes a judge to contumely." (Hear, hear.) This learned judge had a person to take notes—he had those notes read over to him, ant his power ful memory enabled him to correct any errors. Ile (Mr. Napier) saw the hon, baronet the member for Derry, and the hon. member for Tyrone, who had seen this judge on circuit. He appealed to both sides of the house. He asked every disinterested person to stand up in that house and say that he was prepared to substantiate any case in which injustice had been done by Baron Pennefather. (Hear, hear.) The hon. baronet (Sir J. Shelley) was only using this motion as a mere stalking-horse, unless ho was prepared to go further and address the Crown upon the subject. It was manifest that the Govere meat, by sitting silent, were accessories either before or after the fact. (Hear, hear.) The hon. baronet (Sir J. Shelley) had stated no grounds for his motion—he had only stated the case of a dissatisfied suitor. He (Mr. _Napier) remembered that when his most excellent friend and old roaster Sir .r ohn Pattesou—a man to whim he was more indebted than to any professional friend -when he proposed to re tire, the noble lord the member for the City of London (Lord J. Russell), to his honour and. credit, sent for him and said, " You are of value ; if you will remain we will have a substitute for you to go circuit, to prevent the occur rence of any inconvenience." (Hear.) The late Chief Justice Doherty did not go the circuit for years. Baron Pennefather being deprived of books, felt that the court was a resort to him, and ho likel his duties there. He (Mr. Napier) would ask any gentleman whether he would con sent to cast a stigma upon that learned person ? No gentle. man in England, Ireland, or Scotland would, he was con vinced, without any shadow of proof, consent to cast such a stigma. (Hear, hear.) By such a course as this they encouraged the newspapers to hold up the judges to attack. Mr. Justice Crampton was now included in the category, though, to use a familiar phrase, n more wide-awake judge could not be found on the bench. (Hoar.) If they lessened the respect of the people fur the judges they would strike a blow at the law of the land on the constitution. ll° asked what should accompany old age?—" Honour and troops of friends." He said that Baron Pennofather, Chief Justice Lefroy, and Mr. Justice Torrons had both honour and troops of friends. The hon. baronet (..;ir J. Shelley) stated that there wore hon. a n d l earne d gen tlemen who were aspirants for the beach, and in his (Mr. Napier') own case he had trumped up some story which had not a shadow of foundation. If he were offered the high honour of a seat on the bench, and if he felt that he had any infir mity which would prevent him from properly discharging the functions of the office lie trusted that, when the time arrived, he would have sufficient moral courage to decline that honour. (Hear, hear.) Mr. Baron Pennofather says—" I am 82 years of age. I have gone 68 circuits, and I think that I can do my business. It is a pleasure to me to do my duty, and, as no dissatisfaction has been ex. pressed, I do not wish to put the country to the expense of my retiring salary." He (Mr. Napier), with the learned judge, had every confidence in the justice of the House of Commons, and he was persuaded that it would not cast a stigma ou a public servant who had been faithful and zealous in the discharge of hie duty. This was a whole sale attack. What was the matter with Judge Terrene ? He sat every day during last term, and he looked as fresh though perhaps less anxious, than the noble lord opposite. (Hear-, hoar.) Chief Justice Lefroy finished his business quicker than many younger judges. Were they to have a return of the ages of the Cabinet, of their generals, and 'admirals? He wanted to know where these inquiries were to stop ? He put it to the house—was it becoming to agree to such a motion ? If they did so, could they expect the judges to be independent? If the judges were only to be protected by a friendly government, and if they were to be left unprotected by an unfriendly government, what would be the effect on the administration of justice ? Lot them be assured that so long as they did their duty faith fully—though they might be old, and subject to infirmity --they would bo protected in the upright and honourable discharge of their duties, and with these observations, he would leave the case to the justice of the House of Com mons. (Hear, hear.) Sir G. GREY said that the. right hon. gentleman had made assertions which could,not be supported. He alleged that there had been some arrangement between the Go vernment and the hon. baronet, and he assumed that the Government was unfriendly to the judges, and that is would not defend them. These were totally unfounded assertions. But the right hon, gentleman had assumed a tone quite unconstitutional in limiting the authority of the house with respect to inquiries as to the manner in which judges discharged their duties. Last session an hon. member asked whether the Government was aware of the state of the judicial-bench of Ireland. He asked whether some of the judges were not incapacitated by infirmity from attending to their duties—and whether the Govern ment had not been obliged to find substitutes for them—a course which necessarily entailed a charge upon the conso lidated fund. If the house would agree to ad address for the removal of a judge, it could, of course, institute a preliminary inquiry to ascertain whether there was any truth in the allegation which had been brought forward. He (Sir G. Grey) was present last session when a question was put by his right hon. friend the Secretary for Ireland on this subject. His noble friend at the head of the Go vernment was also present. The subject was never before brought under hie (Sir G. Grey's) attention. He never heard any charge against the judges of Irelend for absent ing themselves from circuit or other duties. But hearing that question put, in a private letter which ho addressed to the Lord Lieutenant of Ireland, ho informed him that such a statement had been made, and asked him (the Lord Lieu tenant) to furnish him with any grounds upon which such a statement could be made. Ho (Sir G. Grey) asked if there was any infirmity on the part of the Irish judges that obliged them to apply for substitutes. He received an an swer from his noble friend the Lard Lieutenant of Ireland, in which be informed him that the statements were greatly exaggerated. (Hear.) The Lord Lieutenant said that, whatever might be the case with respect to the absence of any of the judges on circuit, at the time he was then writing ovary one of the judges were engaged iu the dis charge of their duties in Dublin, and that he believed every judge except Baron Richards, who was specially ex empt from going circuit, had regularly done so. He (the Lord Lieutenant) added that he thought the only proba ble case was that of Baron Pennefather, of whom, though the Lord Lieutenant spoke in the highest terms as regarded ' the vigour of his mind and his eminent endowments, ho said he was ueforiunately totally blind, and that, though ho believed he discharged his duties efficiently, he tthe Lord Lieutenant) could not defend his seat on the bench. (Hear.) He (the Lord Lieutenant) further informed him that Baron Peunefather's absence from the bench would be a serious loss—(a laugh)—owing to the manner in which be discharged his duties ; at the same time, it wasimpossible to deny that his blindness did not giverise to dissatisfaction. (Hear.) A charge had been brought forward in that house of the habitual absence of those judges from their duty, and that several of them wore incapacitated, from age and in firmity, from going circuit; and the member for West minster (Sir J. Shelley) having given notice that in this session he should propose II notice on the subject, and hav ing given that notice, it became necessary for the Govern ment to consider what their duty would be with respect to such a motion. Shortly before the meeting of Parliament, the Lord Lieutenant of Ireland addressed to him (Sir O. Grey) another private letter, repeating his high opinion of Baron Pennefather, and also stating that, as a question of principle, he could not justify the retention of a. seat on the bench by any judge permanently afflicted with the infir mity of blindness, and therefore, not with the slightest idea of casting any imputation on Baron Pennef a ther, but with that kindness of heart which was characteristic of the Lord-Lieutenaut of Ireland—(hear, hear)—be requested the Lord Chancellor of Ireland to communicate to Baron-Pen nefather that, if any motion should be brought before that house, he thought the Government would be unable to de fend his continuance on the bench. (Hoar.) That com munication was made to Baron Pennofather by the Lord Chancellor of Ireland. The Lord-Lieutenant then told him (Sir G. Grey) what had been done, and he (Sir G. Grey) told bins he thought everything h a d b een d one t h a t cou ld be done. The r i g ht hon. g e ntleman (Mr. Napier) pre tended that the Government were not prepared to take any course upon this motion, but they thought it due to Baron Penuefatber that be should have an opportunity of laying his case before the house, and that had boon done by the right hon. gentleman. He (Sir G. Grey) bad now stated the whole of this transaction as respected the Government, and he now asked the house whether any ground existed fur the charge made by the right hon. gentleman against the Government, of any uncoustitutional proceeding, o r any proceeding inconsistent with the station and age of Baron Pounefather ? The right hon. gentleman defended Baron Peunefather's character against no assailant. The only charge, if it could be called a charge—against Baron Pen nefather—was one which they must all lament, that he was permanently afflicted with blindness; his age was no disqualification, excepting that it prevented any hope, or at best a very slight ono, that he would ever re cover his sight. He must say that, under these circum stances, the Government t, o's: a course which he hoped the house would not disapprove of; anti he believed the ter, and the return was, so far as regarded the then coming circuit, satisfactory. The statement was now repeated, and fur his part he ceuhl not see what objection there could be to the return, if the return was s itisfactory the matter would at once be set at rest. The right hon. member for the University had spoken of calumnious charges —no charge at ail had been made. It was stated that some of the judges were incapable of discharging their duties. The only ques tion was whether that statement was true or not. Most men were visited with infirmities at a certain period of life, there were indeed some exceptions, one man of SO was as capable as another at 60; if, however, it was attempted to lay down as a general rule that men over SO wore competent to the discharge of judicial functions, ho must beg to dis sent. He had not the honour of Baron Pennefather's ac quaintance, but from all he had ever heard, it was impos sible not to feel satisfied that there never had been a more able or more upright judge in England or in Ireland. He believed that Baron Pennefather was as entirely capable as ever to discharge certain duties, that his miad was as clear, his legal knowledge as sound. Unfortunately, however, for him, and perhaps also for the public, his labours could not entirely be confined to the sittings in banco ; he would be as capable as ever to weigh forensic argu ments and come to a decision, but English and Irish judges had other duties to discharge, they had to go circuit end preside at Niel Prius, they had, above all, to preside at a criminal trial. It was the great characteristic of English and Irish law that the witnesses were exemined not only viva more but in the presence of the judge and jury, and they formed their opinion as to the character and credibility of the witnesses, not only from what they said, but from their demeanour. To observe that de meanour was one of the most important functions of the judge, and to direct the jury to determine the credit they, should attach to a witness from the manner in which he gave his evidence. , Another most itnportart part of a judge's duty was to take notes of the proceedings at the time. It was stated indeed tht Baron Pennefather availed himself of the services of a short-hand writer, but he could not avail himself of these notes during the trial, or in his charge to the jury. It was the undoubted right of a party to have any portion of the evidence road to the jury, and could they imagine a more painful spectacle than if such an appeal was made to Baron Pennefather ? However much disposed he might be to admire the attainments and the talents of that learned judge, however deeply he might deplore his being reduced to the unhappy condition in which he now was, but which incapacitated him from the discharge of some of the most important functions of his office, yet he could not but feel that the time was come when with benefit to the public he might retire from the discharge of those duties. (Hear, hear.) Sir F. THESIGER thought the right hon. Attorney- General had led the house astray from the question before it. (Hear.) They were not then considering the capacity of Baron Pennefather. It would seem from the right hon. gentleman's speech that the motion was in fact one for the removal of Baron Pennefather. (Hear.) .The motion, however, only asked for a return of the date of the call and appointment of the Irish judges, and the number of times they were absent from circuit. What were the grounds made out for the motion ? The mover referred to three cases, Chief Justice Lefroy, Judge Torrens, and Baron Pennefather, and made some strong remarks on the infir mities of the latter. The right lion. baronet the Secre tary for the House Department referred however to a re turn which showed there was not a single instance of the absence of either of the three individuals referred to. Sir G. GREY—I said that Baron Pennefather was most regular in his attendance, but that with regard to the other two I had no information. Sir F. THESIGER said that there was no information which showed that all the three had been most regular in their attendance. Surely the house would not pass a motion like this, unless some ground were laid for it. Had it not been for the blindness of Baron Pennefather, no thing whatever could have been alleged in support of the motion. The Attorney-General seemed to think that that infirmity rendered the baron unfit for the duties of his hi eh office, and he had intimated that at a certain time of life—say eighty—a judge ought to retire. The ATTORNEY-GENERAL—No, no; I said nothing of the kind. (Hear, hear.) Sir P. THESIGER admitted that he hail misunderstood the hon. and learned gentleman. lie differed from his learned friend as to the duty of a judge to comment on the demeanour of witnesses; it was for the jury to judge of this. But it was said the learned baron could not take notes of the evidence. Now, it was known that there were different ways of taking notes—some judges did it very carefully—some very Alovenly. To his knowledge, Chief Baron Alexander never took re note on circuit, but had the marshal by his side to do it for him. The .ATTORNIY-GENERAL—But the judge read the beteg after. Sir F. THESIGER was at present speaking of taking the notes. He believed Lord Lyndhurst pursuedthe same practice. In iced, many judges thought that taking notes only distracted their attention from the points of the case, and it had boon suggested that shorthand writers should be employed in all tho courts to perform this duty, He under stood that Baron Pennefather had such a remarkable me mory that he could recall and sum up all the facts of a most complicated case. He had lone this in a very im portant will case which had lasted five days. Bat they were not trying Baron Pennefather; the motion merely asked for returns of the attendance of the judges; but he could not resist the belief that it was in reality au attack on Baron Pennefather, and an attempt to drive him from the bench. It would be likely to produce the most mis chievous effect on the administration of justice generally. Mr. S. WORTLEY could not support the motion, for he felt there was no prima facie case made out to carry it further, so as to send a memorial to the Crown • bat at the same time he was not prepared to sanc ti on the principle that a judge, however competent in his faculties, was qua lified in jury cases to hold his seat when it had pleased God to afflict him with the loss of sight. Mr. GEORGE defended the character of Mr. Baron Pen nefather, and charged the Government with being the originators of the motion. Mr. H. A. BRUCE said when he had brought ou a simi lar motion on a former occasion, it was from information he received from some friends of his that some of the judges were unable to attend to their duties, and he had every reason to believe that that information was correct. Sir R. FERGUSON defended the character of Baron Pennefather. Mr. J. G. PHILLIMORE coulsl not 'vote for the mo tion, as there was no case made out to justify it, and such a decision would be unjust and illiberal. THE SUN, LONDON, FRIDAY EVENING, 'FEBRUARY 15, 1856. ever, that however eminent and able he might be, there were judichl duties which, as a blind man, he could not perform. Having brought forward the motion he felt that ho should not bo doing his duty to that house, or to those venerable men whose names had been made the subject of debate, by then withdrawing it. Mr. F. FRENCH said the, hon, member for Westminster having just declared that he had not uttered any calumny against Baron Penuefather, he begged to ask him what he meant by dying that the learned judge retained his office from cupidity? (Hear, hear.) Sir J. SHELLEY—If I Earn allowed to make an answer to the observation of the hon. gentleman, it will be this. (Spoke.) I said that if men retaining their offices after they were disqualified by their age and infirmities from performing their duties, it was calculated to create an impression that they were influenced by motives of cupidity. The house divided on the question that the words "in Ireland " stand part of the question— Ayes Noes . 134 . 120-14 The words were therefore retained. The house then divided on the main question. Just before the numbers were announced, Mr. Wilkinscn, one of the tellers, said—Mr. Speaker, one of the hon. members refuses to vote. He won't come in. (A laugh.) . _ _ The SPEAKER—Then the tellers must signify to the hon. member that he must come to the table, (Laughter.) The tellers accordingly left the house, but immediately afterwards returned, bringing with them in a sort of qu a ,,i custody Sir James Duke, whose appearance was the signal for renewed merriment. The SPEAKER—The house has been informed that the hon. member for the city of Loudon has refused to vote. Did he hear the question put? Sir J. DUKE —I will explain it all in a few words. (Order ) The SPEAKER—Did you hear the question put? Sir J. DUKE—I did not. I was In the left lobby writing a note, and I was not aware that a second division was going to be taken, until the right hon. gentleman (Mr. Napier) came to me. I was going away, but he stopped me, and said I was in very good company. (Loud laughter.) The SPEAKER—Then you did not hear the question put t Sir J. DUKE—I did not. The SPEAKER—The hon. member need not voto ; he may go forth. Sir James accordingly retired amidst renewed laughter. . _ The result of the division thou stated— Ayes Noes The resolution was then carried. (Chem ) SU SIMARY JURISDICTION. ~ 132 121-11. Mr. L. KING moved for, and obtained leave to bring in, a bill to consolidate and amend the laws relating to the sum mary jurisdiction of justices of the peace. THE BALTIC FLEET. Sir C. NAPIER postponed his motion upon this subject to a future day. DRAINAGE ADVANCES ACT. Mr. WILSON obtained leave to bring in a bill to amend the above act. DWELLINGS FOR LABOURING CLASSES (IRELAND.) Sir W. SOMERVILLE obtained leave to bring in a bill to encourage the providiag of improved dwellings for the la bouring classes in Ireland. JOINT-STOCK BANK. This bill was read a third time and passed. The house adjourned at half-past 12. PARLIAMENTARY DIVISIONS. HOUSE OF COMMONS.-FEB. 14. JUDICIAL BENCH (IRELAND). Motion made and questionproposid, " That there be laid before this house a return of the dato of the call to the bar of each of the Judges of the Superior Courts of Law in Ireland ; the dates of their respective appointments as Judges ; the number of times each has been absent during the whole of any assize ;. or, if absent during a part only, statinc , what part, and the reasons, if any, given for such absence ; also, in how many, and in what instances, substitutes have been appointed by the Crown to preside at any assize, or portion thereof, in the ab sence of any such Judge, giving in each case the name of the town." Sir John Shelley—Amendment proposed, to leave out the words "in Ireland." Qaestion put— " That the words proposed to be left out stand part of the question." The house divided—Ayes 131, Noes 120. AYES-131. Acton, Joseph Foley, J. 11. Morris, D. Ai'air, H. Forster, Charles Mulgrave, Karl of A lc,lck, T. Forster, John Napier, Sir C. Anderson, Sir J. Freestun, Colonel North, F. Autrobus, E. Gardner, R. 'Oliveira, B. Atherton, W. Gibson, M. Osborne, R. Bagshaw, J. Gifford, Earl of Otway, A. Baines, Rt. Hon. M. Glyn, G. Paget, Lord A. Baring, Sir F. noderich, Viscount Palmerston, Viscount Barnes, T. Gordon, A. Paxton, Sir J. Baxter, W. Gower, F. Peel. F. Berkeley, Sir G. Grace, 0. PalLstt, A. Berkeley, G. Gregson, Samuel ' Perry, Sir E. Bouverie, Hon. E. P. Grey, Rt. Hon. Sir G. Pilkington, J. Brand, II B. W. Hadfield, George Price W. Brocklehurst, J. Hall, Sir Benjamin Ricardo, S. Brotherton, J. Ilinkey, T. Rice, E. Brown, W. Hanmer, Sir John Itidit-y, George Bruce, Lord E. Hastie. Alex. Robartes, T. Bruce, H. A. Mastic, Archd. Roebuck, J. A. Buckley, Gen. Hay ter, W. Russell. F. C. Chambers, M. Heneage, Geo. F. Seholefleid, W. Clay, Sir W., Bt. Herbert, S. - Scobell, Capt. Clifford, Lt.-Col. li. M. Heyworth, L. Seymour, 11. Clinton, Lord R. Biggins, G. 0. Smith, B. Cobbett. J. 'Lindley, C.' - Steel, John Cockburn, Sir A. J. E . Horsman, B. Thompson, G. Collier, R. P. Howard, C. Mornay, T. Cowper, W. Hughey, W. . Tue. W. Craufurd, E. H. J. Ingham, B. Villiers, C. Crook, J. Jackson, W. , Vivian, H. H. Crossley, F. Keating, It. . Warner, B. Dent, J. . Ring, L. Watson, W. Dill wyn, L. L. Klnitaird, A. Whatman, J. Duff, G. Kirk, W. Whitbread, 8. huff, J. Labouchere,Rt.Hon.li Wickham. 11. Duke, Sir J. • Layard, A. H. Willcox, B. Duncan, Viscount Lewis, Sir U.C.. Williams, W. Duncan, George Lowe, It. Wilson, J. Dundai, F. L ute , T. Wood, Sir C. Dunlop, A. Mangles, R. Wortley, J. S. Ellice, E. Massey, W. Wyvill, 91. Ewart, W. Milligan, R. Ewart, J. Milnes, R. Fenw.ck, 11. Moffat, G. Ferguson, J. Monck, NOES-120. Adderley, C. B. George, J. Arhuthnott, Gen. H. Greaves,.E. Baillie, H. Greenall, Gilbert Baring, T. Greene, Capt. John Barrington, Vist. Greene, Thomas Barrow, W. Grogan. Edward Bennet, Capt. P. Grosvenor, Earl Bentinck. G. Guinness, R.' S. Blandford, Marquis of Gwyn, Howe Bond, J. Hamilton, G. A. Booth, Sir Rt. Gore Harcourt, Col. Bramley-Moore, J. Headlam. T. Braatston, T. W. Henley, J. Buck, G. Herbert, Sir T. Butt, G. M. Ilolford, R. • Ilyng, G. 11. C. liorsfall, T. Cecil, Lord Hume, W. • Child, Smith Johnstone, J. Cholmondeley, Lord Jones, D. Christy, Samuel Kerrison, Sir E. Clinton, Lord C. King,_J. Cole, H. A. Knatclibull, W. Corry, H. T. L. Knox, Col. B. W. Davies, D. Langton, li. G. Davies, J. Lasletti W. Davison, R. Lennox, Lord 11, G. Deedes, William Liddell, H. G. Hering', Sir E. Macartney, G. Disraeli, B. MacEvoy, E. Duncombe, Hon. A. MacGregor, James Duncombo, 0. MacMahon, P. Dunne, Colonel Maddock, Sir 11. , Egerton, Edw, C. NI agan, W. Elliott, J. E. Maguire. J. F. Emlyn, Viscount Matins, Richard Evelyn, W. J. Manners, Lord G. Ferguson, Sir R. Manners, Lord J. , Ferguson, Sir J. Meux, sir H. Filiner, Sir E. Miles, W. Eortescue, C. S. Michell, William French, Fitzstephen Montgomery, Sir G. TELLERS. Shelley. Sir J. Wilkinson, W. Moore. G. Morgan. 0. Mowbray, J. R. Mullings, J. R. Murrough, J. P. Naas, Lord Nader, J. Pskington, Sir J. Palk, L. Palmer. Robert Peacocke, G. Percy, J. Repton, G. Robertson, P. Rolt, P. Rust, James Scott, F. Seymer, H. Shee, Serjt. W. Sibthorp, Major Smith, Abel Spooner. R. Stafford, A. Stewart, Sir M. Stuart, Captain Sullivan, Michael Thesiger, Sir. F. Tollemache, J. Tyler, Sir G. Vance, John Vansit tart, G. Vernon, Capt. L. Walcott, Admiral. Warren, S. Whitmore. H. Willoughby, Sir H. Wise, A. Wpm, W. TELLERS. Kennedy, T. Taylor, Colonel Lord PALMERSTO - N—Sir, I must say, with regard to the speech of the right hon, gentleman the member for the University of Dublin (Mr. Napier), that in that speech there was a great deal of very good indignation thrown away. The right hon. gentleman undertook to defend the character of Baron Pennefather, which stands above any imputation, and upon which no imputation has in my hearing ever been cast ; and it seemed 1.0 me that he rather wished to draw the house away from that which was the real question to be considered, and to convert the question into a personal one, instead of leaving it one which I think the House of Commons is periectly competent to deal with. (Hear, hear.) The allegation made last ses sion was, that in consequence of infirmity many of the Irish judges were unable to attend their circuits, and that the result of this was, that charges were thrown on the public for the supplying of their_ places as regarded the performance of circuit duties. Well, now, I think that is a matter which this house is entitled to inquire into. (Hear, hear.) The house is entitled to inquire why ad ditional charges are thrown on the public in consequence of the retention of judicial situation s by men who, through infirmity or any other cause, are unable to perform the duties which belong to those situations. I think that, without any infringement of the con stitutional principle of the perfect independence of the j udeps, Parliament may inquire whether or not there is any (*round for supposing that such additional charges are thrown upon the public by a failure on the part of the judges. I therefore think my hon. friend the member for Westminster was perfectly justified in giving the notice that he did at the end of,the last session, that at the beginning of tliis session he would bring forward the motion which is no w before the house. (Hear, hoar.) Well, now, as my right hon. friend the Secretary of State for the Home Department has stated, he and I felt it our duty to inquire of the Lord Lieutenant privately whether failures had occurred to such an extent as would justify the interferenc e of Parliament. Un doubtedly the answer which we received from my noble friend was to the effiact that there had not been, in point of fact, that degree of absence which soy hon. friend who introdu'od tho subject last Year (Mr- Bruce) supposed. That. there has boon some failure my noble friend the Lord Lieutenant admitted ; but it has not gone to the extent which my honourable friend, imagined. I sug gested to my noble friend that ,if failures did habitually take place—l was not then aware that by law any addi tional charge falls, as a matter of course, on the consolida ted fund, imagining that there might be some discretion with regard to payment—l suggested, I say, to my noble friend, that if there were judges who, by retaining their situations when age or infirmity disqualified them from performing the duties which attached to them, threw on the Government the charge of finding substitutes for them, he should decline making any advances in cases of that kind. I found, however, that there was no option, and that by law any charge on that account was thrown on the consolidated fiend. Now, sir, out of this question has arisen the question, whether a judge who is afflicted with blind ness is or is not a proper person to continue in the perform ance of judicial functions? That question having been mooted, I must say that my opinion upon it agrees entirely with that of my right hon. friend the Attorney-General. I would pat the case in this way--I would ask whether any Government would appoint for the first time a person who had been afflicted with the loss of sight to the situation of a judge? (Hear.). Nobody would dream of doing so ; and if that infirmity would disqualify a learned barrister from being appointed a judge, I think the inference is that if that infirmity attends a judge he is disqualified for per forming some of the duties of his office. (Hear.) It has been said that the object of the Government in making these in guides was to drive an Irish judge from his situation for the purpose of creating a vacancy. I utterly repudiate that imputation. (Rear, hoar.) There has been no im putation thrown ou Baron Pennefather, but that is an im putation against her Majesty's Government, and I repel it with the greatest indignation, and declare it to be utterly without foundation. (Hear, hear.) Sir, the only motive which we had in making these inquiries, was a regard for the respect and consideration which was due to the bench. That is the motive that induced us to make those inquiries, and that is the motive which has in duced us to support the motion of my honourable friend the member for Westminster. Sir, it is for my hon. friend to consider whether, having regard to the turn of the debate—(derisive laughter from the Opposition)—it is expedient for him to press his motion. The foundation on which this motion was brought forward was the supposi tion that great lathes existed—that there bad been a great failure of duty on the part of members of the Irish bench.. I think the house must have been satisfied, by the fact,' which have been stated this evening, that that auppositioal is not well founded—(hear, hear)—that there has not be en that failure of duty on the part of members of the Ifish bench, whether from the infirmities of age or from other causes, the supposition of which was the groundwoeie of my hon. friend's motion. Undoubtedly, if the motion goes to a division I shall feel it my duty, on constitutional ground, to eupport it, because, as I have before stated, I Ivaco think the house has a right to inquire whether the judge s have performed the duties which have devolved upon them in the manner in which theyought to leeperformed. (H ear .) il At the same time, I must say that, although thi s h ouse has n o o ffi c i a l or P a rli ame ntary knowledge o f w h a t h as Age st lb been st a t e d i n th e deb a t e , yet, as it has b een s t a t e d this la evening, on authority, which my hon. friend (Si r J. Sh e l- . his supposition I ley) will n o t b e di s p ose d t o dispute, that Ja,c Leming is not we ll f oun d e d—th a t b e i ng the case, I say, per h aps on Juif the whol e it would be more co nsistent with d ue respect to Gamekeeper 5 8 3 .k those learned persons, whom the right hon. gentleman op-. Mary posit© (M r . Napier) has so eloquently defended, and snor e He had to complain of agreeable as a matter of personal feeling, th a t th e su m Oa (Palmerston i Vas, Winkle 47 10 should be withdrawn, than that it should be pressed to Black a 7 7 division. Jemmy the .•. 5 7 7 Sir J. V. SHELLEY replied. ' St• Glare 4 7 10 having been misrepresented. The right hon, gentleman a 7 6 the member for the University of Dublin had accused him chard ............ t ace 3ptingibeing under Sat 71b, it of calumniating the character of Baron Pennefather. So The highest weigh far from that, he said everything that he could say to ex- has been raised to that weight, and the rest in proper press his s.thniratiou of the learned baron—a,adibg, h ow . • ion, Si; Rowlard Tree- Main Question put :—The house divided. One of the Tellers announced that Sir James Duke, Member for the City of London, refused to vpte; whereupon Mr. Speaker desired that he should come to the table. The honour able Member accordingly came to the table, and stated D i that he bad not hoard the auestion pat, having been in the left division lobby at the time. The Speaker then informed him that, not having been within the walls of the house, and not having heard the question put, he need not vote, but might wit hdraw ; and he withdrew accordingly. Whereupon the tellers announced the numbers—Ayes 132, Noes 121. Sporting Intelligence. TATTERSALL'S-THURSDAY. The business of paying and receiving on the recent events at Lincoln occupied the greater portion of the afternoon. Towards the close speculation was resumed on events to come, but the transactions were few, and for the most part unimportant. Yellow Jack strongly maintained Ha position at 3 to 1 for the Two Thousand. An attempt was made to give Fly-by-Night "a lift," but aft sr 4 to 1 had been taken about him, he dropped back to 9 to 5 ; it is, how ever, only right to state that these odds were taken to upwards of 1001. 60 to 40 was booked about tke two. For the Derby some hedging money , was laid against the former at 14 to 1, but the odds currently offered did not exceed 13 to 1. 9to 1 was taken to 501. about El lington, 1,500 to 100 about Rogerthorpe, and 300 to 100 about John Day's "lot." The quotations at the close were as follows : LIVERPOOL STEEPLECHASE. 10 to 1 agst Sir Peter Laurie (t) 25 to 1 agst Jemmy the Black (t) 25 to 1 agst Jean du Quesne (t) GREAT METROPOLITAN STASES. 14 to 1 agst Pyrrha (taken) GREAT NORTHERN HANDICAP. 7to 1 apt Fandango (taken) TWO THOUSAND GUINEAS STAKES. 3 to 1 aget Yellow Jack (taken, 100 to 35 also taken) 9 to 2 agst Fly-by-Night (taken) 6to 4 aget The two (taken) CHESTER CUP. 12 to 1 agst Yellow Jack (taken) 1000 to 60 agst Yorkshire Grey (offered) 50 to 1 agst Stork (taken) DERBY. 3to 1 agst Jolu. Day's lot (taken) 9to 1 agst Ellington (taken) 13 to 1 agst Yellow Jack (taken) 15 to 1 agst Ragerthorpe (taken) By the authority of Admiral Rous, the following notice was posted in the room : " Monday, Feb. 18, at four o'clock.—Members of the committee and the betting room at Newmarket are re quested to meet, to take into consideration what races shall in future be considered play or pay." NOTTINGHAM I . ►cceptances for the Notti One mile and a half. 32 I EtACES, MAUCH 4. ,inghana Spring Efandicap. subs, 13 of whom declared. Age st lb Fulbeck ..... ... 4 6 1 1 Staffordshire Nan 3 6 7 T VPT°sD y bh° linlme e ePielGuar A T eßßh'cli Pbn il av koa k i ra a u:c g irnba l e n:. es. c .i 0 1 c b.. k ..y.. 333333 3 666655 5 1116581 RAILWAY INTELLIGENCE. LONDON AND SOUTH-WESTERN. [The following is a more enlarged report than we had space for yesterday.] . The half-yearly meeting of this company was held yester day at the Waterloo-station; Mr. J. W. Chaplin, M.P., in the chair. The report of the directors, an abstract of which has already appeared, was taken as read. _ The CHAIRMAN, in moving the adoption of the report, called attention to the increase of traffic on the line. During the past half-year the gross receipts on the line had shown an increase of 57,786/. over those of the corresponding period of 1854 ; and the working expenses had only increased by 12,9731. The working expenses for the half-year included a considerable out- Lay on the permanent way on the Dorchester and Portsmouth lines, amounting to 9,4261.; they had also provided two addi tional engines out of revenue, and there were two engines on the stocks. For au additional charge of 12,9731. they had run 59,663 additional miles. They had also placed 5,00(3. to the reserve fund, for the renewal of the steam-boats, instead of 2,5001. as originally proposed. They did so because the latter was the best half-year of the two. There was a sum of 106,0001. expended on the line between Andover and Salisbury, which was unproductive, and interest had been charged to revenue on that amount. The practhi witty other companies was to charge the interest during construction to capital. These and other matters would show that their interests were properly attended to. The North and South-Western Junction was the only guarantee they had, and that would pay a dividend at the rate of 54 per cent. per annum for the past half-year beyond all liabilities from that company to contribute a certain amount ; and at the same time ho had the gratification to state that 62,0 , 14 tons of coals were conveyed to their station at Brontford from the North and South-Western Junction line. The coals were circulated over the South-Western sys tem as far as Dorchester, a distance of 140 miles from London, and had of course increased the traffic. Among the resolu tions he had to submit there was one for voting two sums to be carried from the suspense account to the capital account, one amounting to 23,6921. for additional plant, and another to 20,249/. for new works and sidings during the year 1855. They had experienced considerable anxiety both on the part of shareholders and directors to close the capital account. In ISSO the company suffered considerable pressure from the construction of various branches which had not come into full operation, and a committee was appointed to ascertain the condition of the company, the state of the plant, and the sum requisite to make it efficient. They soon exhausted their estimates, and they resorted to the expedient of pay ing for the plant out of the revenue. During four half years they had charged 25,0001. to revenue, but such was the growth of their traffic and • the necessity for extended sidin;s and additional • accommodation, that' they were obliged to abandon the system pf paying everything out of the revenue. They never had renewal funds or depreciation funds, but adopted the honest course of keep. tug up the stock in efficient order as they went along. A question arose as to what was the proper proportion of work ing stock for a line, and after various inquiries it was ascer tained that the nearest approximatioa to the anicenwt would ' bo the year's revenue ; that was, whatever .this` amount of the gross revenue was for the year, that was about the sum to expend on the working stock ; and to show that they had not expended the full amount on their stock, he would read a statement on the subject. In 1350 they had expended 541,3851. on their working stock, and the traffic receipts amounted to 529,103/. ; in 1851 to 554,4561., and the traffic to 656,420 ; in 1852, to 570,1601., and the trellis to 611,241/; in 1853, 570,1601., and the traffic to 689,243 ; in 1854, 618,1921., and the traffic to 723,828/. ; and in 1855, the out lay on the working stock amounted to 662,9721., and the traffic receipts to 817,7011. That would show they had not expended the full amount required for their stock. He had told the proprietors 12 months ago that they could not charge anything to capital for additional sidings, plant, and station accommodation, until they had first had the vote of the proprietors. For the half-year ending last July they had made no charge, but they now submitted the outlay for their sanction. This was similar to the course re commended by. a very highly 'lntellectual committee of con sultation lately appointed by the proprietors of the London and North-Western Company. Ile had ascertained that the increase of traffic on the lino in consequence of the war was very small. They had had about 12,0001. from warlike pas sengers, and about 8,0001. for other traffic to the camp at Aldershott. The trade to Portsmouth and Southampton had been injuriously affected by the war in consequence of the Government requiring the mail steamers for transports. At the same time the price of building and other materials was increased, which checked building in the suburban dis tricts, and the traffic on 19 of the smaller stations on the line had decreased. He believed, on the whole, that pc:: ce would give them a lar g er traffic than they could attain during war. Their dividend amounted to 5 per ceut: for the year, leaving a balance over of 11,0001. He believed they were in a better condition than any of the other metropolitan lines, and all that was required to insure success was unanimity among the shareholders and good conduct at their meetings, avoiding dissensions and treating the board with respect. Mr. EAGLEFIELD wished to know whether it was intended to charge against revenue the interest on the 1,000,0001. which Parliament had authorised them to raise for the Exeter extension line ? As the chairman had take' credit for charg ing the interest on the 106,0001. to revenue, he wished to know whether the sarhe course would be pursued with, regard to the extension to Exeter The Cuanyeax said it had been the practice of many rai:- way companies to charge interest to capital during construc tion. Mr. UZIELLI said of course the mode of charging the inte rest would be specified in the bill, and that would be deter mined by Parliament. The Solicitor thought they had better not discuss that matter at present. Mr. HERAPATII thought the chairman had made a mistake with respect t• the resolutions recommended by the London and North-Western Committee of Consultation. What they proposed was, that no expenditure of capital should be in curred, without first obtaining the consent of the share- holders. (Hoar, hear.) In the South-Western Company, the directors had expended the money without the permission of the shareholders, then placed it to a suspense account, and afterwards asked them to confirm the outlay. That was a very different matter. The words were " that Ito addition what ever be made to the capital expenditure of the company, without its being previously sanetioned by a vote of a general meeting ;" so that they should not incur any expenditure without having first obtained the sanction of a general meeting. The CHAIRMAN said they did the same thing ; they placed the expense to a suspense account, and did not charge it to capital without the consent of the shareholders. TlF.aapArii did not take that view of it. Mr. Wool) asked a number of questions with regard to items in the accounts, which were explained by the auditors and Mr. Uzielli. - Mr. PUNCHIER thought it right to state that he had spent several hours of the day before in examining the accounts of the company, and he had never seen accounts so nicely pre pared, and ho had every reason to believe them accurate. Their affairs were certainly in a sound and prosperous posi tion. rity the company now possessed in dealing with their present bankers. A vote of thanks to the chairman concluded the proceed ings. Mr. HELPS thought the agitation they had had was very beneficial to the company. The dividends had increased every half-year in consequence. (A Voice—" Yes, in spite of it.") Ho had lately been looking over some evidence relating to the Eastern Counties Company, in which it was stated that a coal dealer had had exclusive rates on the South-Western line until Mr. Mortimer came on the board, but that the dealer had since done a large business at rates charged to other parties. They were therefore very much obliged to Mr. Mortimer for that large business at high rates. Ho complained of the ealormous fees charged by Parliamentary agents, and for short-hand notes that wore not required. As they had a bill now before Parliament, he thought they should introduce some clauses in it which should define the business to be done at the special and half-yearly meetings of the company. Mr. GASKILL suggested that 30 days' notice required to be given by a candidate for a scat at the board be abolished. He also adverted to the practice of giving free passes on the line, which he believed was very injurious to their revenue. There was an interchange of passes with the officers of other companies, and he thought it would be a good thing to break down the system altogether. He would call upon the secre tary for an explanation. Mr. MORTIMER said it might be a very delicate matter to meddle with the passes, for in developing the traffic at Soutl,. ampton it was found necessary to afford facilities to certain officials to carry on the business there, and he believed every care was taken that none but the right party should have them. The SECRETARY explained that there were fewer passes granted on their line than ou any other. Every pass was re turned to the Traffic Committee ; the reason for granting them in every case was given ; and he might say the number issued was considerably reduced since he came into office. There were only five old directors who enjoyed a free pass, and these were granted in consideration of long services. With regard to the interchange of free passes with the di rectors of other companies, it was a question of policy, as it enabled them to see how the traffic was carried on, and to suggest improvements ; they were used but seldom. They exchanged passes with the Brighton and South-Eastern Com panies, and with no other companies. The general passes de pended on matters of business for the mutual accommoda tion of companies ; for instance, their detective officers could travel down to Edinburgh by means of passes over other lines, and detectives belonging to other lines could pass over their line as to lost goods or luggage, and thus also robberies or frauds might be discovered or detected. The use of passes had tended to facilitate business on the railways, and was much restricted. On some occasions free passes were granted to first-rate reporters on the Press to attend public meetings or trials, with a view of obtaining correct reports of the pro ceedings, and not to depend upon accounts drawn up by so licitor's clerks, whose accounts might be incorrect or erro neous. Even in this way the interests of the company were protected from, erroneous statements that might be otherwise circulated by incompetent parties, as the gentlemen of the London Press were unbiassed, and local reports were often partial or too highly coloured. The Solicitor remarked that he had paid 251. a-year for his ticket on the line, and that he derived no advantage whatever from free passes. Mr. Serjeant GASELEE said Ire was on the traffic committee, and could assure them that the passes were von carefully looked into. It was a small matter for a director to have a pass over the litre, when it was considered that he was not al lowed for his services more than sufficient to pay the cab-hire to and from the office. After' some observations from Mr. Tito, M.P., Mr. Addison, and Mr. Marriott, the report was unanimously adopted. A dividend at the rate of 51. 12s. 6d. per cent. per annum for the half-year was declared. and the directors were authorised to place two sums of 23,692/. and 20,2491. to capital account in accordance with the recommendation of the rer ie or t retir M in r g . Serjeaut Gaselee , an d Mr. E. J. Hutchins, M.P,, t directors, were u nanimously re-elected, and also Mr. Hopes, the retiring auditor. Mr. MALrNS expressed his approbation of the accurate way in which the accounts were kept, and of the manner in which the Affairs of the company were now conducted. Mr. KAY suggested that some means should be adopted to inducs railway companies generally, and the metropolitan railways in particular, to adopt an uniform system of accounts, so as to enable shareholders to compare the various items and arrive at correct conclusions. Mr. Serjeant GASELEE proposed, "That the qualification of directors of the company be, in future, the holding of 2,000 . instead of 1,0001, stock ii the company." Mr. SNOW proposed, as an amendment, " That the qual:fli cation be 3,000/., w hi c h was seeon ded by Mr. PUNCHER, and carried unanimously. It was also agreed that the qualification should be held 12 months by a candidate be ore his election to a seat at the bcard. On the motion of Mr. Serjeant GASELEE it was agreed that the proprietors should have power to remove a diractor by a majority of two-thirds of those present at a special meeting convened for the purpose. Clauses would be inserted in the bill now before Parliament, embodying the foregoing tion. reso lu. Mr. WOOD then brought forward his motion for rennoving the banking account of the company to the Bank of Eng- land. Mr. UZIELLI satisfactorily explained the preetical difficulties and inconveniences that would Vise to the company from such a ce i urse, acrd clearly towed tho advalltnoi wad NXI• LANCASHIRE AND YORKSHIRE. It appoars the directors of this company have decided to recommend the proprietors at their next meeting to declare a dividend for the half-year ending the 31st of December last at the rate of 4} per cent, per annum. Naval and Military Intelligence. Rear-Admiral Sir James Stirling, commanding the East India station, is recalled from his command. It is stated that this step has been taken at the gallant officer's own solicitation. The steam-transport Indian, Captain M'Maeter, 1 eft Portsmouth yesterday afternoon, direct for Malta, Con stantinople, and the Crimea. The steam-transport Cleopatra hauled alongside Ports mouth dockyard yesterday, to embark, on Monday next, 560 men of militia, 22 officers, and other draughts for Corfu and the Crimea. Her Majesty's steam-transport Urgent, Commander Phillips, arrived at Portsmouth on Wednesday night from tho Mediterranean, defective in her inaehinery. She has gone into harbour to have the defects repaired. She brought no invalids or passengers. She reports having been in collision on the 13th inst., at 1.30 p.m., off St. Catharine's, with the steam-transport Imperial, No. 188 ; the latter lost her mizenmast, the brgent merely lost her foretopmast and studdingsail boom ; on the 7th of January, off Cape . St. Vincent, she spoke the English ship Mary and Emma. The Eliza sad Herefordshire transports left Spithead for the Thames yesterday. The Centaur, 6, paddle-frigate, Captain Clif f ord, C. 8., was taken into dock yesterday, at Portsmouth, •for repairs. The hired schooner Ocean Lady, in the service of the Ordnance Department of Woolwich Arsenal, is embark ing 2,000 feet of gun-skids, and other stores for Ports mouth. The Lord Vivian, another of the Ordnance vessels, is engaged in shipping mortar beds, mortars, guns, and 13- inch shell boxes, likewise for Portsmouth. The Grass hopper gun-boat a few nights since broke from her hawser during a squall which blew up the river, was driven foul of the Lord Vivian, and carried away her starboard bow and bulwarks, occasioning game other damage. The iron screw transport Black Prince, No, 161, G. Shavers master, arrived yesterday morning off the Ar senal, Woolwich, and has commenced shipping a cargo of forage waggons and others geode for the troops in the Crimea. The Government screw-transport Hesper, Captain Cruickskank, anchored off Woolwich Dockyard yester day morning from the Black Sea, with her machinery and engines in a defective state. She is to be admitted into basin for repairs. The subjoined circular memorandum has been issued to officers commanding, regiments and depots a: homet.:— " Horse Guards, Feb. 12'. " The Field-Marshal Commanding-in-Chief havizag, in communication with the Secretary of State for War, decided upon the importance of providing efficient non commissioned officers fa - the Land Transport Corps, and the Secretary of State having anthorised the rates of pay here specified [regimental serjeant-major, ss. per diem ; troop serjeant-major, 4s. ; serjeant, 33. ; besides' the usual field allowances and free rations allowed by Government to this corps] to such thoroughly efficient men as may volunteer for the purpose, is pleased to direct that the commanding officers of artillery, ca valry, and infantry, call immediately upon the non-com missioned officers and men to volunteer, transmitting descriptive returns of such as may some forward to the Adjutant-General. The formation of an efficient Land Transport Corps is of paramount importance, and coin. mantling officers are strictly enjoined not to accept the services of any but steady, intelligent, and trustworthy men, although the loss of sneh may occasion temporary regimental inconvenience. , "By command. "G. A. WETHERALL, Adjutant-General." The following General Order has been issued, dated "Horse Guards, Feb. 9. "The Field-Marshal Commanding-in-Chief has great pleasure in communicating to the army the following garrison order, issued by Lieut.-General Sir James For gusson, Governor of Gibraltar : " ' Gibraltar, Jan. 16. " 'The Lieutenant-General Commanding cannot allow the departure of Colonel Wilson Patten without express. ing his regret at losing his services and `assistance. " 'Colonel Wilson Patten has devoted his time and energies so unceasingly to the training of his officers and men, and has shown so good an example in coming out with his regiment, when from other duties it could not have been expected from him, that the Lieutenant- General Commanding feels it incumbent on him to ex press his high sense of the service he has rendered to his Queen and country, and he will not fail to notify to the Field-Marshal Commanding-in-Chief the favourable opi nion he has formed of Colonel Wile( a Patten and the 3d Royal Lancashire Regiment. " 'J. FERGIISSON, Lieutenant-General.' " The valuable services of Colonel Wilson Patten, and the zeal and exertion he has evinced in bringing his regiment to its present high state of discipline and effi ciency, have been on other occasions most favourably brought to the notice of theField-Marshal Commanding.. in -Chief, and his lordship feels that he can iu no way better mark his approval than by thus promulgating Lieutenant-General Sir James Fergusson's order, so creditable to Colonel Patten and the militia service. " By command, &c." The following appointments were made yesterday at the Admiralty : Commander J. C. Bickford, to ba Inspecting Com mander of the Coastguard ; P. Syoret, second master, to the St. Vincent ; G. W. Bloxsoin, acting mate, to the Lapwing ; C. H. S. Baker, master's-assistant to the Vulture ; J. L. Way and C. C. T. Fitzgerald, naval cadets, to the Royal George ; J. F. Paton, surgeon, and agent for sick and wounded seamen at Greenock ; R. C. Russell, surgeon, to the Pioneer ; C. Crandall, surgeon, P to the Rodney • L. A. White, acting surgeon, to the Wizard ; R. Browning, acting surgeon, to Plymouth Hospital ; E. L. Lowe, acting surgeon, to the Royal William ; Walter J. utler, acting surgeon, to the Rodney ; Charles M. Normand, acting surgeon, to the Seahorse ; Eames, acting surgeon, to the Con queror ; Joseph. Sloss, assistant surgeon, to the Royal Albert ; Horace H. Smith, assistant surgeon, to the Royal William ; Alexander Rattray, assistant surgeon (confirmed), to the Nankin. SOUTH SEA COMVANY.—A final division of 5 per cent. to the present stochholders will be paid on Ttrarsday, the 21st of February. CHARGE OP MANSLAUGHTIM AGAINST Two ARMY SURGEONS.—At an iuquest held yesterday at CLu..thara on the body of William Stinson, a private in the .38th, who met with his death in the garrison hospital, in' con sequence of having had a large dose of laudanum ad mi nistered to him in misi`eake for a dose of senna, the 3'10 , 1 retired, and, after an absence of nearly two hours, I'o - a verdict of manslaughter against Augus; - ,all Frederick Turner and Henry Bed well, two army surgeons, • MADAME TUSSAUD'S EXIIIBITION.—This well-known establishment continues to attract a crowded audience daily, notwithstanding the unfavourable state of the weather. We understand that many novelties are in progress, and will soon be completed for public inspec• tion ; some of which will create much public curiosity from the peculiar position held by the originals during the past and present year. The dresses of the principal f_male figures have lately been replaced with entirely new costumes of the most: elegant and tasteful descrip tion, the whole having been completed under the imme diate superintendence of Mr, J. Tussaud, and ar highly creditable to his judgment. LADVIIRTISSMANT.) SIGHT AND SPRCTACLES, POWERFUL TELESCOPF.S, OPERA, RAGE AND PISRSPECTIVR GLASSSC. —Messrs. S. and B. Solemons, opticians, 39, Albemarle street, Piccadilly. Observe opposite the York Hotel. By her 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 and others. These telescopes possess such extreordinary powers that some three and a-half inches, with am extra eye. piece, will show distinctly Jupiter's moons, Sa,'•urn's ring, and the double stars; with the same telescope can be seen a person's countenance three miles and a half distant. and an object from 16 to 20 miles. They are of /arm aid all sizes, with increasing powers accordingly ; while their vary. ing from 4 to 6 inches enable us to discoter more than the above, and the Georgian,"with his 6 satellites, &e.—True Ron,' Exhibition, 1851.—Valuable, newly-invented, very email, powerful waistcoat -pocket glass,tho size of a walnut, by which a person can be seen and known 1 miles distant ; they answer every purpose, on the race-course, and at the opera spot p o h ouit are r m y ni n v al ua b lescenery, gentlemen, and n for t l s 1 g i s i ah p ao s oe a tk r ne ge c p, 1 e ed a r so r e l y r-st see al n k a in t g B , y te ae r ti ni ng i , i'es. , to and tourists. Opes‘s l race-course, camp, and p erspedt i ve glasses, with wonderkl power. Newly-constructed Spectacle Lenses of the great-• est transparent power. The vluahle advantage derived, from this invention is, that vision becoming impaired is , preserved and strengthened, and very aged persons are enabled to employ their sight at the most minute men• pation- can see with these lenses of 'a much less magnify ing power—and they do not require the frequent changes to the dangerous effects of further powerful assistance. Deafness—New Discovery.—The Organic Vibrator, an ex traordinary powerful, small, newly-invented instrument for deafness, entirely different from all others , to surpass ani thing of the kind that has been, or probably ever can be. produced. Being of the same colour as the skin, is notpev_- ceptible ; it enables deaf persons to hear dist i n ctl y at ahu !cis and at public assemblies ; the unpleasant sensation o . f s s2g t in ‘ g o noises in the ears is entirely removed ; and it a fro A r l u b l u e. assistance that possibly could be desired. — street, Piccadilly. Oli , ierve— opposite the York c _ Du LADVERTISEMENT.]—We have read with i nu. m h ed l icine e by D Barry's report on the cure of diseases hoot lonc . Constipa- Baxry's Food, of Indigestion( DyspepsiZ , F . tion, Nervous, Bilious, The following are a few extracts Consumption, and Debility. which appear to merit th e attentiou f man • C N 47, 1 y ure o. and Liver Compllints, Cough, Asthma, indigestion, gather -nclArtisss: E a li c z , a u b .e et o h f Jacobs, exti.em extreme fN nervousness,az n o i c age aoss, 1 and nervous fancies. Cure No. 48,314. Miss,ngs,.ew spirits , Elizabeth Yeoman, Cateac o re,:e:r es l t i i iv a e r r t i:oo c l u : re a s c 26 e l e g f . ia and all the horrors of nervous irrita bility . 10 ye tvs' dyspepsia i f , l e reh t i. l nil, Dth Dec 1854 --- -11os ;trev or, o o u f n t D e s o s w . • Countess of Casticstuart feels induced, in the I n ug get From the po . The D County interes t of suffciing humanity, to State that Du Barry's ex cellent, Bevalenta Arabica Food has cured her, after all 1 , eediclues bad failed, of indigestion, bile, g reat eery( nisne ss and irritability of ma n y y e ars , standing. This Feed. deserves the confidence of all sufferers, and may be eon. arealsters! blessing. sibs s ; Inquiries will be cheerfully answ ered. In rani 121b5., 225. The 121bs. carriage free, or ► receipt of pest office order. Barry du Barry awl Co., 77 , Regent-street, London ; Fortnum, Mason, and Co., Purvei -ors to her Majesty, Piccadilly ; also at 60. Grace.- churci .•Etreet ; 33J and 451, Strand; 4, Cheapside ; 68, Coruhi 11 ; 49, Bishopsgate-streot ; 55, Charing-cress ; Upper Baker-street; 63 and 150, Oxford-streets