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

a blind judge, he could not conceive how it could be re sisted. It might be said that Judge Pennefather need not take these cases, but he (Sir J. Shelley) fond that the next judge on that circuit would be Judge Torrens, who, he be ' lieved, was still more infirriethan"Baren Pennefather ; the return, however, which he should move for would, if grant e k show whether he had 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. H e h a d un d ers t oo d th a t th judges in Ireland had no retiring pension, but he found that that was not so, and therefore it did Appear peeuliar 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. B aron P enne fath er , an d 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, fur you can hear me ;" and the answer was, " It is true .I can hear you, and I can also hear th e c ounse l plead before me, but I find when women and children and nervous persons are under exami nation, that I; do not heir them unless I snake them speak very loud in giving theireviden , e, and this I feel to be bad for the proper administration of justice, and therefore shall retire.' This was highly'cornmendable in the learned Judge. Then,. again, with regard to Mr. Justice Maule, he had retired from the bench because' through illness, he could not perform the business on circuit. He felt that if lie were not able to go through the cireuit, he ought in jus tice to retire from the bench. He hoped that, if tbie motion were granthd, it would have the effect of making tneee venerable mon feel that they ought, Miotic° to the Irish • Public, to give up their seate on the . bench, and he could not help thi n ki ng th a t th e Government ought to put a stop to those things, which might be considered'a scandal to the Irish bench. Me regretted that weir, '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 the se venerable men, and he hoped lie had not bsen led iuto saying anything against them which could give offence, as the only thing against which ho regretted was, that they Were no longer able to pert ern their duties with satisfac tion to thernsblves or with justice to,the public. (Hoar.) The motion having been put by the SPEAKER, Mr. KENNEDY said he should move as an amendment that the words "in Ireland!' be omitted. After a short pauses', Nr. NAPIER rose and said he certainly expected that these venerable judges would not have been deserted by her Majestfe Government. (Hear, hear.) He would State that it was of immense importance to sup- Port the courts of justice in Ireland, . and he 'asked the house not to allow an hon. member to subject those judges °f 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 nuprotected 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 aver 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 t he only ones referred to, but his own infirmities - were. dragged before the house. ,(Hear, • hear.) He did admit that there was a time wheel it would have been the proudest gratification of his ambition to have hal a seat upon the ballet', but if he had expected. such a proceeding as the resent—such. an attack upon the bench—he would rather cave stripped the gown. he was entitled to wear than be subject to such a scandal. (Hear, hear.) What was this atta c k upon the judges for misconduct? Had a suitor suf fetred ? H a d a n y procee di ng, crim i na l or c i v il, su ff ere d? t'o. 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 l 'Pon them f or 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. Butlook ,I t t what a position they would place the judges if this rue °Ott were agreed to. A friendly Government would not lee the infirmities of men, but if the Government were un !!lentll, they would wish to remove them from their posi ,Pii. He remembered when Baron Smith was attacked iu the tense; He remembered the memorable speech of Sir R. Peel on that occasion, which redounded 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 'id not believe that at that moment they had an abler judge 1 --- a jude more competent to administer every branch of taw— tha g n Chief Justice Lefrof. What was the allegation a gainst him ? Simply that he was an old man. Was that , 4 , s d isqualification in that house ? He saw men in that house eminent for judgmeut and wisdom, combining the experi slant ae with the energy of younger years. Was that .itl.,isge? What was the eaee of Baron Pennefathei? 'I! was a very remarkable ream more so than any man In t hat country. Of late 2or 3 remarkable cases had come before him. Since the time of the Common Law Pre rdore Act, a consolidated Nisi Pr iue Court hsel been eats- Jdslied and in that court he had frequently presided. ;le had asked a gentleman practising in that court whether Baron Pennefather had shown symptoms of breaking lip, and he was assured that he never bad shown more vigour and ability than when presiding in the Comb of Exchequer. No on e who had presided in any court in Ireland had been r egarded with more respect an d venera ti on th an B aron .rennetather. Let them see, what they are n. w asked to ' de. There was, first of all a motion fur an inquiry, bet that was abandoned. During nit 'years that ho had been judge he had never been absent but ou one oc casion from circuit, and then only when his only was dangerously ill. That and one other was the only occasion. (Hear, hear.) He did not know that Chi e f J ust i ce L e f roy h a d been over absent. Mr. Jus tree Torrens hail been three years ou the bench ; he bed teen absent once. Six of the Irish judges had been me booed to the House—and they expected the people of Ireland to obey the laws which were administered by those men ; mid this. was listened to in silence , by her Majesty's Go !srilinent —that six of her Majesty's judges in Ireland were incapable !of acting from their infirrnitiese He insisted 914 the House could not, tvad ought not, to interfere in this question.without an address to the Crown. It was in the nature of :a criminal proceeding. And what was the Tbure of the crime ? That they were old men. (Cheers ) 0 question of incapacity was a matter of proof; and not a shadow of proof bad been advanced against Chief Justice ,Lefroy. Th e h ouse was aware t h at au a tt empt was m vie •rog ago ,-to remove Baron Pennefather—(cheers)—an at tempt which was repeated more than once. Itewes the ?Pinion of the Government that ho ought Co have retired, that, in other words, he ought,, to give way, or means Would be found to make hind give way by the agency of t he House of Commo n s. (Ch eers .) A n d w h a t was th e te stimony of the barons of his own court? Ss had a lot t er from Chief Baron Pigot on that subject, which he would proceed to read to the house : " 22. Stephen's-green, Feb. 12, 1853. "My dear Napier,—You request me to acquaint you W ith my opinion of Baron Pennefather's 'capacity and the assistance which he is able to give in discherging the jutli- C e ial bu s i ness o f th e C our t o f Exchequer.' Its ruy judgment k nown Pennefather's capacity is as great as I have ever g nown it. I have found no diminutiou in the value of the assistance given by him in discharging the judicial business have our court. I ought, think, to state, that as long as I . 'lre 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 beach, 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- O ese, accuracy, and tenacity of that memory; in quickness ?f apprehending and collecting facts, dates, and arguments ; iu hes.ring,tu voice, in reasoning powers, whether displayed 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 practicaldespatch of business in the court, he exhibits the same clearness, acuteness, and vigour which have always distinguished him. It-is difficult to convey to those who have no t seen Um engaged in that business the amount and the value of the aid which he contributes towards its execution. It is unspeakably painful to sue to cemmuni cat° iu this manner upon such a abject as that of the qualifications of one of my colleagues on the bench. I eel 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 Pennefether, and With a desire to d e f en d hi m , if so assa il e d. L e t Ina ireely say, that nothing else could juetiy the inquiry, or induce ore to answer it. But I feel that I should act a tame and Unworthy part towards a judge before I practised much in ray busiest years at the bar, and towards a colleague from 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, however, such a repugnance te the bringing of a correspondence of this-nature before the Public, that I cannot authorise you to make any use, cave private one, of this letter, uoloss 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 as this I shall, therefore, send him a copy of this•letter, and shall state to hint the substance of yours.-1 remain, my d ear N ap i er, Very truly yours, • " D. R. PlGior. " The Right Hon. Joseph Napier, ALP:" • • The Chief Baron had sent a copy of this letter to the Attorney -General for Ireland. Chief . Baron Riehards Writes as follows: " incumbent Estates Commission, 14, Henrietta-et., Dublin, Feb. 4, 1856. " Dear - Napiere--In reply tee your letter, this moment received, I am happy to have au opportunity of expressing My full concurrence in the general opinion entertained in this country as to the judicial efficiency 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 preeent moment, I have never known of any incon . 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-infirmity to which I have allnded.—Yours very faithfully, " JOHN RICHARDS. 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 Sir J. 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 sit during the last term in the C onsolidated Nisi Prius Conetsitrotwithstanding his duties there, he sat with us in the Exchequer almost every day Until raie Unusually lite hour, the business .of the court h aving been of more than ordinary extent. Ido not think that I have ever known him display greater ability, judg - rnent, or.general efficiency than during this period. His • Profound legal knowledge, sagacity, and wonderfulinemory have not been more conspicuous at any time since I fi rs t nevr him . We have all, I feel sure, entertained the utmost deterenceto his opinions. For myself, I can truly say that l ehould f ee l thegreatestdietruat in 'anyone of Inhaein which might unfortunately differ from him, His judgmentin the ca se of Kelly v. Thewles, in which I was one of his col. le agues. excited the admiration-of all w ho heard or read it. A.nd - exposition of the law in theteoent 04110 of 'Butler T, to the 3 would e whole ELLY, bills of e_of tho r courts 6ppoint een ab- luring a y, g iven Jiat in -own to absence e of the he had LOUS to aove for be, that ige and whiCh to could t was * ,he year :Jontion , [dal re• lo and, he order hon. e Wag here hon. THE SUN, LONDON, FRIDAY I'VE 4.11\%G : FEBRUARY 15, 1856. ter, and the return was, so far as regarded the then coming circuit, satisfactory. The statement was now repeated, and 1.,r his part he could not see what objection there could be to the return, if the return wfts satisfactory the matter would at once be set at rest. The right hon. member for the University had spoken of calumnious charges. —no charge at all had been made. It was stated that some of thej edges ever, that however eminent and able he might be, there were judicial duties which, as a blind man, he could not perform: Having brought forward the motion he felt that he rhonid not be doing his duty to that house, or to those ♦enerable 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 lie had not uttered any calumny against Baron Pennefather, ho begged to ask him what he Meant by saying that the learned judge retained his office from cupidity? (Hear, hear.) Sir J. SHELLEY—If I Lam 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 Wilkinson, one of the tellers, said—Mr. Speaker, one of the hon. members refuses to vote. lie 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 inactediately afterwards returned, bringing with them in a sort of qua , i custody Sir James Duke, whose appearance was the signal for renewed merriment. The. SPEIKER—The house has been informed that the hon. member for the city of London 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 t Sir J. DUKE—I (lid 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 SPEAK Ell,—Then you did not hear the question put Sir J. DUKE—I did not. ' The SPEAKER—The hon. member need not vote; he may go forth. Sir James accordingly retired amidst renewed laughter. The result of the division then stated— Ayes 132 Noes l2l-11 'The resolution was then carried . . . (Cheers.) SU /I,IIA.RY JURBDICTION. 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 BALTIO.,PLEET. 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 providing 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. Mountgarret evinced a degree of learning, accuracy, and diecrimination 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 bis long judicial career. The high opi ' nion which we all entett tin of him is, I know, shared by tlti bar, many of whom I have heard express it in the most unqualified terms. I have never heard 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, . " Rlnnu. W. GREENE. "Right Hon. J. Napier:" These aromatics opinions of eminent judges, to which ho would beg to offer his own ; from havin g had many oppor tunities of judging, he did not think there was any man of either country—if he were bound at that moment to se lect—whom, iu point of excellence or wisdom, he would prefer to Baron Pennefather. The hon. baronet said that souse cases on circuit had no opportunity. of being impar tially tried, as the judge bad not the power of inspecting 1 and comparing legal documents. But he (Mr Napier) al ways thought that that was the duty of the jury. In 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 drys' argument, the Chancellor, in affirming the decision, said there was nothing to complain of in the care and ability bestowed upon it by the learned judge of the court below., Tnis was the man of whom the Lord Chan ceiloref Ireland heal thus spoken in the year 1+53, ana yet ho was to bo told that this learned judge was a tit person to be dragged before the House of Corn irons—to have his infirmities criticised, and to have a stigma cist upon him. He asked them, if they cast this stigma, where 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 gree.t judg,ment em brac ing all the law entire subject of evidence in cases of libel? He was about 80 years of age. What encouragement and reward were they about to give to public suer? He admitted that thislearned judge might have retired years ago; bet as he him - self said, : with a per _acuity and power never excedea, " I have confidence that the House of Commons will do me justice. .1 am anxious for_ the independence of the judges, and I do not wish to have it assailed by one branch of the . Leg:slature. I consider the motion as trenehing 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 be no complaint nor iticoveeience, it may he surely left to each judge to decide for himself at whet tuna he ought to - retire-from a trust whialche holds for the public bone tit." The learned judge added, If any one disiuterested person —(hear, hear )—had stated to -me any inconvenience, or =spec e d inconvenience, likelyto arise from my going the circuit, 1 would have gone into the matter, and consulted with those of my friends who were competent to advise me, and I. would not have suffeetel the public to be irn- Posed - on, ar myself to be disgraced ; but us 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 met on which exposes a judge to codturnely." (Hear, hear.) This learned judge has a parson to take notes—he had those notes read over to him, ant his power ful memory enabled him to correct aely e errors. He (Mr. Napier) saw the hon. baronet the-member for Derry, and the hoe, 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 he was prepared to go further and address the Crown upon the subject. It was manifest that the Goverrment, by sitting anent, were accessories either before or after the fact. (Hear, hear.) Tho 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 master Sir a ohn Patteson—a man to whom he was more indebted than to any professional friend, -when he proposed to re tire, the noble lord the member fur 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 tohon, and he like i 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. MreJustice , C•ampton was now included in the category, though, to use a familiar phrase, a more wide-awake judge could not be toned on the bench. (Hear.) If they lessened thi respect of the people for the judges they would strike blow at the law of the land on the constitution. He asked what should ice imp any old age?—"Honour and troops of friends." He said that Baron Pennefather Chief Justice Lefroy. and Mr. Justice Torre ns h ai l both bonier anti troops of friends. The hon.. baronet (air J. Shelley) stated that there were hon. and learned gentlemen Who • were aspirants for the bench, and in his (Hr. Napier'e) own case he had trumped up some story which had not a shadow of foundation. If he were oftered the high honour of a seat on the bench, and if he felt that he had any infir mity which would previret him from properly discharging the functions of the office he trusted that, when the time arrived, he would have sufficient moral courage to decline that honour. hear.) Mr. Baron rennefather says—" I am 82 years of age. I have gone 63 circuits, and I think that I can do my business. It is a pleasure to me to do my duty, anti, are no dissatisfaction has been ex• pressed, I do not wish to put the country to the expellee of my retiring-salery." 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 on a p chic servant who hail been f dthfui and zealous in the aiisclaargu of his diity. This was a whole sale attack. What was the matter with Ju Igo T,reens ? He sat every ilav during last term, and he looked as fresh though perhaps less anxious, than the noble lord opposite. (Hear, hear.) Chief Justice Lefroy finished his business qgicker than many younger judges. Were they to have a return of the ages of the Cabinet, of their generals, and admirals? lie wanted to know where these inquiries were to stop ? Ho 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? Let them be assured that so long as they did their. duty faith fully—though they might be old, aril subject to infirmity --they would be protected in the upright and bonourable discharge of their dutiei, and with these observations, he would leave the case to the justice of the House of Coua- MOUS. (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 it 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 seine of. the judges were not "incapacitated by infirmity from attending to their duties—and whether the Govern ment had not oeen obliged to find substitutes for them—a course which necessarily entailed a charge noon the conso lidated fund. If. the house would agree to an 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 has (Sir G. Grey's) attention. He never heard any charge against the judges of Irel -rad for absent ing themselves from circuit or other duties:. But hearing that question put, in a private letter which he addressed to trre Lord Lieutenant of Irelaud, he informed him that such a statement hail been made, and asked him (the Lord Lieu tenant) to furnish him with aoy grounds upon which such a statement could be made. He (Sir G. Grey) asked if there was any infirmity on the part of theirish judges that obliged them to apply for substitutes. He received an an swer from his noble friend the Lord Lieutenant of Ireland, in which he 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 every one of the judges were engaged in the dis charge of their duties in Dublin, and that he believed every judge except Baron Richards, who was specially ex empt from going ci r cuit, h a d regularly done so. He (the Lord Lieutenant) a fled th a t h e thought the only proba ble case was that of Baron Pennefather, of whoor, though the Lord Lieutenant spoke in the highest terms as regarded the vigocr of his mind anti his eminent endowments, h e said he was urtfortunately totally blind, and that, though . he believed he discharged his duties efficiently, he the I Lord Lieutenant) could not defend his seat on the bench. (Hear.) . He (the Lord Lieutenant) further informed him that Baron Pennefather's absence from the bench would be a serious loss—(a laugh)—owing to the manner in which he discharge.] his duties ; at the same time it wasimpossiblo to deny that his blindness did not give riselo dissatisfaction. (Hear.) A charge had been brought forward iu that house of the thebabitual absence of those judges from their duty, and th em that sev era l of were incapacitated, from age and in firmity,from going circuit; and- the member for West minster (Si r J. Shelley ) having given notice that in this session he should propose a notice on the so -eject, and hav ing given that notice, ittecame 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 Cr. Grey) another private letter, repeating his high opinion of Baron Pennefather, and also' stating that, as a question of b bench principle, b he y any j could tn i g e n optejrums permanently t e nt ho l y retention afa ie te of a se d witht a h t e on the infir mity of blindness, and therefore, not with the slightest idea of casting any imputatiem on Baron Pennefather, but owitrhdtiaetute,,t o kindnessf oirfelleaanrdt_w(hhi,cahr,hi was a ohe requestedcharacteristic o the th the L 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. ~,g_Haa„..) That com munication was made to Baron Pennefather by the Lord Chancellor of Ireland. The Lord - Lieutena n t then told him (Sir G. Grey) what had been done, and he (Sir G. Grey) t g w e gentleman m notau prepared to t a k e an y told him he thought everything had been done th a t cou ld (Mr. Napier) pre tended d d e e d h e tita t ir t h h e e G T t g oe h e t r n b m ° n . course upon this motion, but they thought it due to Baron Pennefather that he should have an opportunity of laying ' his case before the house,-and that had been done by the . right hon. gentleman. He (Sir G. Grey) had 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 bon. gentleman against the Government, of any unconstitutional proceeding, o r any proceeding inconsistent with the station and age of Baron Pennefather ? The right hon. gentleman defended Baron Pennefather's character against no assailant. The only charge, if it could be called a chargee-a e eainst Baron Pen ; nefather—was one which they must all lament, that he was permanently afflicted with blindness; his age was . no disquali4cetion,_ excepting that it peeyented _spy' hope, or at best a very elight one, that he would ever re • cover his sight._ He must say that, under these circum stances, the Government took a course which he hoped ' t „ the house would not disapprove of; and he believed the return ii s m h o t y h e e d c f a o s r e le w y b i t c h h e w r i a g s h s t u li p o p n o s . e g d en t o tl e e x m i s a t n . would not Mr. DIStIAILI—Sir, I should not have presumed for a moment to have come between the house and the important business that follows on the piper, 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 be quite silent upon the subject. I have not the honour of tie acquaintance of Baron Pennefisther, and the only know ledge that I have of the circumstances brought under 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 tho debate has been • brief, its origin, its conduct, and the whole course of the discussion, have been somewhat remarkable. The hon. ' xa-nnher for Westminster brings forward a motion which, if it means anything, must mean, at least to unlettered eats, th,..t, in consequence of• the age of the Irish judges, thy are unable to fulfil their duties to the public by at tenting 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 certainty it Wes his duty—to commu ni ;eta with the Lord-Lieutenant of Ireland, and inquire whetter it was true that the Irish judges did not fulfil their duty to the country, and did neglect gain.' ° cir cuit in a manner /hat might have been expected from men who held high office. ,By the admission of the right hon. gentleman 111111801 n he received in answer that, the ' j edges did attend circuit regularlYandsedulouly, 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, " we felt it our duty to examine whether this allega tion was true, that the Irish judges Ilia not attend circuit in a manner that might be expected by the country, and wo found that the allegation was not correct. (Cheers from the Opposition.) We found th ,t 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 assuruptiou upon which apparently the hon member for Westminster framed his motion, was utterly unfounded and fallacious, ir, seems so me that it would have been tuoi'e ~t uaightfor'- ' 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 su'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. Tuere are other parts of the right hon. gentlemen's speech which I cannot help alluding to. He called my right hon. friend (Mr. Napier) to account upon a ground which appears to me to have been entirely erroaeons. He accuses him of laying it down as a principle that the conduct of the hon. member for Westminster in making the motion, and iufe 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 priuciple ; that it is not the. duty of the House of Com mous to inquire, if necessary, into the conduct of j edges ; that it is the duty of the House of Commons not merely to inquire into the conduct of the judges, bat also to pro ceed to take ulterior steps if they think that there has been any neglect in the administration of the judges, or if vary of the judges 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 pert of the judges; but what he did say, an I said most force inly, "it is not politic, nay, I think it is unconstitutional, for the Houee.of Commons to interfere with the conduct of the judges of the land, unless they impute corruption or inonicieney—(hear, hear)—and unless upon those allega tions they are prepared to act and to address the Crown to remove the j edges." . (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 spiii.less 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 subjected. The motion of tee hon. member for West minster dues not refer to that infirmity and that impres sion, and, consequently, all the three cases which he brought forward—let the house remark this single circumstance — have entirely sl. (Hear, hear.) If he said there are two judges wno don't attend the circuit—and one who is blind—we could not denysthe unfortunate circumstance of Baron Penneirether being blind ; but the hon. member for Westminster has framed his motion with such singular un adroitness that ho absolutely does not touch the only fact which is admitted iu this debate, and is susceptible of de-: nionstration. (A laugh.) Every man of sane mind and po litical experience must feel convinced that nothing can be more indiscreet, unwise, imeolitic, and ungeneri-us than pulling the judges of the land into the House of Commons, , unless there is ono Of those irresistible cases which ren ders it Cie duty of the house to interfere: (Hear, hear.) An interference with the administration of justice by a branch- -and i. popular brunch-of the Leeislature, is the last and most solemn cause which aggrieved subjects in this laud can, by petition, ask you to t a ke ; but in ;he present : case we have not a le lion which refers to this learnee in dividual. .We have not a publi i corupleint.'(Eleao) We have not, strange ' to say, an anonymous slander. We have gentlerueu rising iu thole seen; and reading even articles from newspepere. (Hear.) The only article which was read from a newspaper—an I the right of hon. mem bers to read these I was not ',were of until to-night —was absolutely one in favour of Baron Pennefather. What are we t o think of the Government assenting to and sauetion iug the incoherent proposition of the hon. member for Westeniueter? and whet are we to t'dtik of the opinion of the accompliihed and amiable viceroy on whose communi cation, I think, they so unadvisedly acted? The perplexed . (labium, consult the Lorii-Lieutenant, and he writes to this etrect—•` He 11,8 the pleasure to inform the right, hou. se cretary that all the Irish judges ,are in perfect health, and are about to attend the circuit. He regrets, as an abstract principle, jutges being blind, but he feels it his duty to state that, if Baron Pennefather loves the bench, his loss will be a, sat ions injury to the G worn ineut." ( Expressions of dissent.) Nu ; 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 giacefel language than I ate able to do it in the hurry of detnete. But, as an 'rich judge, the Lord- Lieutenant said his Services wore invaluable. (Rev.) Nay more, as my - right hon. and learned friend has just in , termed rue, the Lord-Lieutenant said, in answer to the confidential inquiry of the Pi hue Minister, that if Baron Pennefather quitted the bench it would be a great loss to Ireland. (Hear.) And because-jam want to give Inin a hint to quit the bench, you sanction this miserable and indecent motion. (Cheers.) Well, upen.the constitutional point, I imagine that on both sides of the house there cannot be the slightest difference of opinion. No can can say that it is advisable that the coadust of the ju‘ig.s of the land 'should be brought under discussion in the Home of Com mons unless the case is clear and strong, and I think that sanctioning a motion which the right hon. secretary ad mits, if granted, will not affect the only point which can at all interest the house in this wetter, 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 kneW, except by fair repute— which we all acknowledge —ie h 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. HORSMA.N—No. Mr. DISRAELI—WeII, then, he thinks it a merit. (Hear.) The right bon. member for the University of Dub lin very happily alluded to that greet 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 two —made by a man who also was a judge, and who, fortunately, is older than Baron Pennefather. Whet a compitaient to the distinguished and able man who brought forward that question is the course which has been taken by the G nrernment to-night. In fact, I can only account for it in this way—that it is a kind of a return on the part of the Government for the advision in another place. (A. laugh.) What a compliment to that noble and learned lora , when those who may nut agree with his views all agree upon one point—viz.,. in admira tion of his eloquence and ability. Wriat a complim3ut 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 are ineump tent, and ought to retire from the bench. Who sum viel the noble a el learned lord on tout occasion ? Wercrtney iugre m yenta who came to that great oratorical arena to vinnic ate the principles of the constitution, and by their learnieg to command the respect and attention of the country ? Wily, 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, in brought before the House of Commons without a single cotnplaint haviog been made against him -- (hear, hear)—and what answer would it hive been for the Government on that rico ision—not very remarkable for their prowess in clebaee —bad, the leader of the Gevern ment in another place risen and said, "This important question has undoubtedly been brought forward by one altohad!'a n and illuhas rious re p u t a ti on wi th aren a e l oquence an d learning, been supported by halta-dozeu of the oldest arid wisest men in the house. Brit I cannot believe 1 the peers of England ocsed, would san counselled,etio iti entl.supported." a resolution A which cannot proposed, ,mys e lf b e li eve that the House of Com loildu then .) hake a nous, after a few, mi nutes!. consideration, will sanction these imputations against an •individual whom all admit , ' to be a ,man of great intellectual p , wer, a judge of great ex perience, and, perhaps, even riew, if unrevited, of effi ciency in Ireland , and whose panege r i c h as b een rea d to . night, written by one who is a political opponent, and who , wes promoted a Baron of the Ex.bequer by political influ ence, .but who, with a frankness which does him honour, • has on this important occasion expressed in admirable lien -1 guage the clear convictions of his reason. Well, sir, it is not age that is the crime—though that is never to be for given even by the House of Commons - -but the judge is I blind. Why, I thought the peculiar characteristic of jus tice was that it was to be blind. (Cries of " Oh !") It r certainly has been provedlo-night that it i s not. Yet • some of the greatest men have been blind, and under these circumstances have achieved and accomplished their great ; est deeds. I need net remind the house that the greatest r poem of modern times was written by a blind man. The 1 city of Constantinople, which even the Czar of Russia, • could not take, was taken by. the blind are , more than oc togenarian, Doge Daudola. I believe the truth is that the . doge was nearer 100 than the age of Baron Pennefather-n he being 97 years old. Why, the eminent person who s o l 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 ; and yet 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 judie 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 tcr assert that because a judge was turned 80 years of age he should . be r emove d f rom the bench; so long,as he retained the fa- I 1 oulties of mind and body sufficient for the discharge of the important duties of his Office se long was he entitled to re tain it. It was stated last session that seine of the Irish • judges, in consequence of their age and infirmities, were , I incapable if going circuit. His right hon. friend, the Home I i Secretary, had thought it his duty to inquire into the mat were incapable of dischargieg their duties. The only qi;s 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 80 was as Capable as another at 60 ; if, however, it was attempted to lay dewu as a general rule that men over 80 werecompetent to the discharge of jndicial functions, he must beg to dis sent. He hid not the honour of Baron Pennefather's ac quaintance; but from all he 'had ever heard, it was impos sible nett° feel satisfied that there never had been a more able or more upright judge in England or in Ireland. He believe.l that Baron Penuefather was as entirely capable as ever to diseherge certain duties, that his mind 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 iu banco ; he would be as capable as, ever to weigh forensic argu ments and come to a decision, but English and 'ride judges had other duties to discharge, they had to go circuit and preside at, Nisi Prime they had, above all, to preside at a criminal trial. It. was the great characteristic of English and Irish law that the witnesses were examined not only viva voce but in the presence of the judge and jury, and they formed their opinion as to the character and credibility of the witnesseee not only from what they slid, 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 important part of a judge's duty was to take notes of the proceedings at the time. It was stated indeed tht Baron Pennefether 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 read to the jury, and could they imagine a inure painful spectacle than if such au appeal wee 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 olfice, yet be could not but feel that the time was come when with benefit to the public he might retire from the discharge of those duties. (Haar, hear.) Sir P. THESIGER thought the right. hen. 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'froiri 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 fur a return of the date of the call and appointment of the Irish judges, and the Danaher 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 hon. baronet the Secre tary for the Home 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 hal no information. _ Sir F. THESIGER said that there was no information which showed that all th 4 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 high office, and he had intimated that at a certain time of life—say eighty—a judge ought to retire. The ATTORN.ZY-GENERAL—No, no; I said nothing of the kind. (Hear, hear.) Sir F. THESIGER, admitted that he had misunderstood the hon. and learned gentleman. Ho 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 slovenly. To his knowledge, Chief Baron Alexander never took a note on circuit, but had the marshal by his side to do it for him. The ATTORNEY-GENERAL—But the judge road the notes after. Sir F. THESIGER was at present speaking of taking the notes. He believed Lord Lyndhurst pursued the same practice. In teed, many judges thought that taking notes only distracted their attention from the points of the case, and it had been suggested that shorthand writers should be employed in all the courts to perform this duty. He under stood that Baron Pennafather 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. But they wore 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 an attack on Baron Pannefather, 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. WOUTLEY could not support the motion, for he felt there was no prima facie case made out to carry it further, so as hi send a memorial to the Crown ; but at the same time he was not prepared to sanction the prii,ciple that a judge, however competent in his facult:es, was qua lified in jury eases to hold his seat when it had pleased God to afflict him with the loss of sight. Mr. GEOLtUE ~lefendA the ,eharacier of Mr. B troll Pen netather, and charged the G,wernaient with being the originators of the inotipn. BLIUCE said when be had brought on a sirni 7 lar maim] on a former occasion,..it was from information he recoivd from some friends of his that some of the judges were unable to attend to their duties, and he had eve ry to believe that that ieform3tion was correct. :Sir R. FERGUSON defended tho char,cter of Baron Ponnefath, r. Mr. J. G. PEIELLIALOW-I'conld not vote for the mo tion, ftB there was no o r e ursde out to justify it, and such a decision world be unjust and Lord PALUERSTO - N—Sir, I must say, with regard to the speech of the right hon. gentleman the member for the University of Dublin (Hr. Napie ), that in that speech there was a great deal of very good indignation thrown away. The right hon. g .ntleman nn lertook to defend the character of Baron Pennefather, which stands above any imputation, and upon which no ire pute,tien has in my hearing ever been cast ; and it seemed to me that he rather wished to draw the house away from that which was the real question to ho considered, and to convert the question into a personal one, instead of leaving it one which I think the Ileum) of Commons is perfectly 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 tho result of this was, that charges wore thrown on the public for the supplying of their places as regarded the performance of circuit duticr. 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 situations hymen who, through infirmity or any other cause, are unable to perform the duties which belong to these situations. I think that, without any infringement of the constitutional principle of the perfect independence of the judges, Parliament may inquire whether or not there is any ground 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 iu giving the notice that he did at the end of the last session, that at the beginning of this session he would bring forward the motion which is now before the house. (Hear, hear.) 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 hart occurred to such an extent as would justify the interference of Parliament. Un rs doubtedly the answer which w e rece i ve d f rom m y noble friend was to the ef f ect that there h a d no t been, in point of fact, that degree of absence whi c h my h on . f r iend who introdu -ed the subject last year (hEr. Brine) supposed. That there has been some failur e m y no ble friend the Lord Lisutenant admitted ; but it h as n ot gone to the extent which ray honourabl e f r i en d i mag i ne d. I sug gested to my noble friend that if f a il ures did habitually take place — l was not then aware that by law any addi tional charge falls, astahmat there mightco urse,atterofbe so on the discretioneo imaginingnsolida tweidebflienegli,iedtrt paymen t —l suggested, I sa y, to my noble frin a i t who, by retaining their situations when age or irefirroit Y disqualified them from t performingbteeGo in ew r, that h ov n m substitutes for them, he sh kind. I found, however, that there was no °ogee, and that moankitnhg any advances in cases of that at account was thrown on the by consolidated ainhLi nYci e chargee f c t l i i n n ct 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 put the ease in this way— I would ask whether any Government would appoint for the first time a person who hail 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 disqtralified 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 quiries was to drive an Irish judge from his situation for the purpose of creating a vacancy. I utterly repudiate that imputation. (Hear, hear.) • There has been no hu putation thrown on Baron Pennefather, but that is an im putation against her Majesty's Government, and I repel it with the greatest indignatien, an d declare it t o b e u tt er ly 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 laches existed—that there had been a great failure of duty on the part of members of the Irish bench. I think the house must have b e ep satisfied., by th e f ac t s which have been stated this evening, that tlOtt supposition is not well founded—(hear, hear) —that there has not been that failure of duty on the part of membere o f t h e I r i s h bench, whether from the infirmities of age or from other causes, the supposition of which was the iir ouu d wor k o f whether my hon. friend's motion. Undoubtedly, if the motion u l iie h 7 before stated, I ether the judges goes tea division I shall feel it my duty, on cons tit u ti ona l thinkgrounds, the to house supp Las errt a it , right because, to ncis as have performed the duties which have devolved upon them in the manner in which theyought to beperformed. (Hear.) At the same time, I must say that, although this house has no official or Parliamentary leunwledi;e of what his Ileceye)nmisitlaltnecolt be intl:isdpeoles,a(tiet,oydeit:puaste, that I 'ti s suppositionit has lb een s t a t e d thi s evening, on authority, which my hon. fed, aid (Sir J: Shela is not well founded—that being the case, I r ray, perhaps on the whole it would be more consistent with due respect to those learned persons, whom the right hon. , gentleman op posite (Mr. Napier) has so eloquently defended, and more agreeable as a matter of personal feeling, tht it the motion should be withdrawn, than that it should be. pressed to a division. Sir J. V. SHELLEY replied. • He had to , complain 'of having been misrepresented. The right ho , n . gentleman the member for the University of Dublin hat i. accused him of calumniating the character of Baron Pen. nefather. So far from that, he said everything that ho condi say to ex press his admiration of the learned baron-0 4 On, how. PARLIAMENTARY DIVISIOYS. HOUSE OF COMNIONS.-FF.B. 14, JUDICIAL BENCH (IRELAND). Motion made and question proposed, " That there be laid before this house a return of the date 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 ! . he wholo of any assize ; or, if absent during a part only, stating 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." Question put— " That the words proposed to be left out stand part of the question." The house divided—Ayes 131, Noes 120. 1 AXES —l3l. Acton, Joseph Foley, J. H. Morris, D. Aeair, 11. Forater, Charles Mulgrave, Carl of Ale ick, T. Forster, John Napier, Sir C. Anderson, Sir J. Freestun, Colonel North, F. Antrobue, E. Gardner, R. Oliveto, B. Atherton, W. Gibson, 4. Osborne, R. Bagshaw, J. Giftird, Earl of Otway, A. Baines, Rt. Hon. M. Glyn, G. Paget, Lord A. Baring, Sir F. Goderich, Viscount Palmerston, Viscount Barnes, T. - . Gordog, A. Paxton, Sir J. Baxter, W. Gower, F. - Pe,3l, F. Berkeley, Sir G. Grace, 0. Pellatt; 'A. „ Berkeley, G. Gregson, Samuel Perry, Sir E: * • Itonverie, Hon. E. P. Grey, Rt. lion. Sir G. Pilkington, J. Brand, 11. B. W. Hadfield, George Price W. • Brocklehurst, J. Hall, Sir Benjamin Ricardo, S. Brotherton, J. Hankey, T. Rice, E. Brown, W. Hamner, Sir John Rim, y, George Bruce, Lord E. Hastie, Alex. Robartes, T. Bruce, IT. A. 'Jostle, A rchd. Roebuck, J. A. Buckley, Geri. Hay ter, W. Russell, F. C. Chambers, M. Heneage, Geo. F. Scholefield, W. Clay, sir W., [St. Herbert, S. Scobell, Capt. Clifford, Lt. Col. li. M. Heyworth, L. Seymour, 11. Clinton, Lord It. Higgins, G.- 0. ' Smith, R. Colthett. J. H:ndiey, C. Steel, John Cockburn, Sir A. J. E .Horsinan. E. Thontrson, G. Collier, It. P. Howard. C. Thornily, T. Cowper, W. Hughes, W. Tire, W. era:want, E. 11. J. Ingham, I:. - Villiers, C. Crook, J. Jackson, W. Vivian, H. H. Crossley, F. Keating, It. Warner, E. Dent, J. King, L. Watson, W. Dill vvyn, L. L. Kinnaird, A. Whatman, J. Duff, G. Kirk, W. Whitbread, S. Outr, J. Laboilit' - :ere,llt.non.Ti Wickham, 11. Duke. Sir J. ' Layard, N. H. 'Willcox, B Duncan, Viscount Lewis, Sir 0.. C. Williams, W. Duncin, George Lowe, li. ' Wilson, J. Dunda , , F. Luce, T. Wool, Sir C. imillop. A. At ang'es. Ti. Wortley, J. S. Ellice, E. Massey, W. Wyviil, M. . Ewart, W. lilill Igoe, rt. Eiva , t, J. Milnes, R. . TELLERS. I , enw ck, H. Ail offat, it. Shelley. Sir J. Ferguson, J. Efonek, Vie. Wilkinson, W. NOti3-12). Ailderiev, C. B. Gorge, .T. Moore, G. Arbutlinott, Gen. H. Greaves ' E. Morgan, 0. Baillie, Hri H. Cr .eall, Gilbert Mowbray, J. It. Baring, T. Greene, Capt. John Mullings, J. R. Barrington, Vist. Gr.:ene, Thomas Murrough, J. P. Barrow, W. Grogan. Edward Nadi., Lord Bennet, Capt. P. Grosvenor, Earl Na icr, J. • Bentiock. G. Guinness, R. S. Pakington, Sir J. Blandford, Marquis of Gwyn, Howe! Palk, L. Bond, J. Hamilton, U. A. Palmer. Robert !both, Sir Rt. Gore Harcourt, Col. Peacocks, G. Bramley- IV ore, J. Headlam, T. Percy, J. Braraston, T. W. Henley, J. Repton, G. Buck, G. Herbert, Sir T. Robertson, P. Butt, G. M. Holfo-1, R. Reit, P. Byng, G. lI.C. HorsfaP; T. Rust, James Cecil, Lord Hume, W. Scott, F. Child, Smith Johnstone, J. Seyiner, H. Cholmondeley, Lord Jones, D. Shee, Seri t. W. Christy, Samuel Keratin, Sir E. Sibthorp, Major Clinton, Lord C. King, J. Smith, Abel Cole, H. A. Knatehbull, W. Spooner, R. Corry, 11. T. L. Knox, Col. B. W. Stafford, A. Davies, I). Langton, FL G. Stewart, Sir M. Davies, J. Laslett, W. Stuart, Captain I)avison,'lt. Lennox, Lord H. G. Sullivan, Michael Deedes, William Liddell, li, G. Thesiger, Sir. F. Denny, Sir E. Macartney; G. Tollemache, J. Disraeli, B. MacEvoy, B. Tyler, Sir G. Duncornire, lion. A. MacGregor, James Vance, John Duncombe. 0. MacMah3ll, P. Vansit tart, G. Dunne, Colonel Maddock, Sir 11. Vernon, Capt. L. Egerton, Edw. C. 10 agan, W. WalcOtt, Admiral. Elliott, J. E. Maguire. J. F. Warren, S. Emiyn, Viscount Mal ins, Richard Whitmore. H. Evelyn, W. J. Maeners, Lord G. Willoughby, Sir IL Ferguson, Sir R. Manners, Lord J. Wl4O, A. Ferguson, Sir,J. Meux, ••Ir 11. Wynn), W. Filmer, Sir E. Niles, W. TELLERS. Fortescue, C. S • Michell, William Kennedy, T. French, Fitzstephen Montgomery, Sir G. Taylor, Colonel Main Question put :—Tho house divided. One of the Tellers announced that Sir James Duke, Member for the City of London, refused to vote; whereupon Mr. Speaker desired that ho should come to the table. Tho honour. able Member accordingly came to the table, and state that he had not heard the question put, 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 dtite, 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 his position at 3 to 1 for the Two Thoumii. An attempt was made to give Fiy-by•Night "a 1if..," but aft,r 4 to 1 had been taken about him, he dropped back to 9 to 5 ; it is, how ever, only right to state th . at these odds were taken to upwards of 1001. 60 to 40 was booked about the 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 STAKES. 14 to 1 agst Pyrrna. (taken) GREAT :MORMON HANDICAP. 7to 1 agst Fandango (taken) TWO THOUSAND GUINEAS STAKES. 3 to 1 agst Yellow Jack (taken, 100 to 35 also taken) 9 to 2 agst Fly-by-Night (taken) 6to 4 agst 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 John Day's lot (talon) 9to 1 agst Klington (taken) 13 to 1 agst Yellow Jack (taken) • 15 to 1 agst R4gerthorpe (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 Acceptances for the Notti One mit: and a half. 32 RACES, MAILOII 4. Angham Spring Handicap. subs, 13 of whom declared. Age st lb FuWeek ...... 4 6 11 Staffordshire Nan 3 6 7 De Ginkel 3 6 6 Omer Paella The Barones3, by Melbourne 3 6 Pollux Shelah Van Brakel .... ; . 3 5 11 a . 6 The Village Crock 11 Age at lb Haco Jack Leming Le Juif Gamekeeper Mary 4 7 11 Palmerston 4 7 10 Van NV i;:kle Jemmy the Black a 7 7 St. Clare 5 7 7 Sir 11.6 w Trim chard The highest weight acewtingTheing under Bst 71b, it has been raised to that weight, and the rest in prop' , ion. The CHAIRMAN, in moving the adoption of the roper`, 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 eng nes on the stocks. For an additional charge of 12,97:31. they had. run 59,663 additional miles. They had alSo placed 5,00,./. 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 I 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 bean charged to revenue on that amount. The practice with other companies was. to charge the interest during construction to capital. These and other matters would show that their interests were properly , :tteuded to. Tne North and South-Western Junction was the only guarantee they had, and that would pay a dividend at the rate of 5. 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 he had the gratification to state that 62,0:4 tons of coals were conveyed to their station at Brantford from the North and South-Western Junction line. The coals were circulated over the South-Western sys tem as far es Dorchester, a distance of 110 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 25,6921. for additional plant, and another to 20,2491. for new works and sidings during the year 1855. They had experienced considerable anxiety both ou the part of shareholders and directors to close the capital account. In 1850 the company suffered considerable prersure 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 snake it efficient. They soon exhausted their estimates, and theyreserted to the expedient of pay ing for the plant out of the revenue During four half years they had charged 25,000/: to - revenue,' but such was the growth of their traffic and the necessity for extended sidlitss and additional accommodation, that they were obliged t' abandon the system- of paying everytLing out of the revenue. They never had renewal funds or depreciation funds, but adopted the honest course of keep ing 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 amount would be the year's revenue ; that was, whatever the 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 hid not expended the full amount on their stock; he would read a statement on the subject. In 1350 they had expended 1541,3851. on their working stock, and the traffic receipts amounted to 529,103/. ; in 1851 to 551,4561., and the traffic to 656,420 ; in 1852, to 570,1601., and the trifle to 611,2411; in 1853, 570,160/., and the traffic to 639,241; in 1854, 618,192/:, and the traffic to 723,828/..; and in 1855, the out lay on the working stock amounted to 602,9721., and the traffic receipts to 817,7011. That would show they had not expended the full amount required for their stock. Ho 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-y ,ar ending last July they bad made no charge, but they now submitted the outlay for their sanction. This was similar to the course re commended by a veiny highly intellectual 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 line in consequence of the war was very small. They bad had about 12,0001. from warlike pas sengers, and about 8,0001. for other traffic to the camp at Aldershott. Tho trade to Portsmouth and Southampton bad 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 iu the suburban dis tricts, and the traffic on 19 of the smaller stations en tht line had decreased. Ho believed, on the whole, that per so would give them a larger traffic titan they could attain during war. Their dividend amounted to 5 per eeut. for the year, leaving a balance over of 11,000/. 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. EAeLEFIELD wished to know whether it was intended to charge against revenue the interest on the 1,04,0001. which Parliament had authorised them to raise for the Exeter extension line ? As the chairman had takes credit for charg ing the interest on the 106,0001. to revenue, he wished to know whether the same course would be pursued with regard to the extension to Exeter ? The CHAIRMAN said :t had been the practice of many rai'- way c .thpanies to charge iuteiest to capital duriog coustrue tion. Mr. UZIELLI said of course the mode of charging t',e inte rest would be specified iu the bill, and that would be deter mined by Parliament. The Solicitor thought they had better not discuss that matter at present. Mr. IiZRAPATH thought the chairman had made a mistake with respect to the resolutions recommended by the Loudon .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 toe share ers. (Hear, 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 no addi.iou what ever be made to the capital expenditure of the company, without its being previously sanctioned by a vote of a general meeting ;" so that they should nut 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 r7ithout the consent of the shareholders. Mr. HERAPATII did not tako that view of it, Mr. Wool) asked a number of questions with regard to items in the accounts, which wtte explained by the auditors and Mr. Uzielli. Mr: PUNCHIER thought itrightto state that he had spent several hours of the day before in examining the accounts of the company, and he had never seen accouws so nicely pre pared, and he had every reasin to believe them accurate. Their affairs were certainly in a `sound and prosperous posi tion. Mr. HELPS thought the agitation they had had was very beneficial to the company. The dividends Lad increased every half-year in consequence. (A. Voice —" Yes, in spite of it.") Ho had lately been looking over, souse 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, bat 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 enormous fees charged by Parliamentary agents, and for short-hand notes that were not required. As they had a bill now before Parliament, he thought they should introduce some clauses in it which should deline the business to be done at the special and half-yearly meetings of the co•epany. Mr. GAsKin suggested that 39 days' notice required to be given by a candidate for a scat at the board be abolished. Ho 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 raises 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. MoaTiatsa said it might be a very delicate matter to meddle with the pasies, 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 Tight party should have them. The SECRETARY explained that there were fewer passes granted on their line that on 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 e ,changed passes with the Brighton and South-Eastern Com panies, and with no other companies. The generalpasses 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 thes also robberies or frauds might be discovered or detected. The use of passes had tended to facilitate business oil the railways, and was much restricted.. On some, occasions free passes were granted to first-rate reporters on the Preis to attend public meetings or trials, with a . view of obtaining correct repurts 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 bo otherwise circulated by incompetent parties, as the gentlemen of the 'London Press were unbiassed, and local reports s ere often partial or too highly coldured. The Solicitor remarked that he had paid 251. a-year ticket on the line, and that he derived no advant a g e wha,e% or from free passes. for his , ca i r j e a f v u e lly a Mr. Seijeant GASELEE said he was on the traffic committee, and looked could into. assure ltwas them as athatll matter e p r ass fo e r s a w d e i re re to to very .t to pay cab-hire pass over the line, when it was considered hat he was was not al lowed for his services more than s ufficient to and from the office. After some observations from Mr. Tit!, Mr. Addison, and Mr. Marriott, the rep ort was unauous yadopted. A! .m dividend at the rate of 51. 12s. 6d. per cent. per annum for the half-year was declared, atud the directors were au th ur i sed to place two sums of 23,6921. and 20,2491. to capital account . retiring in accordance with the recommendation of the report. Mr. Serjeant as eeti and Mr. E. J. Hutchins, M.P.' also the unanimously re elected, and Mr. Noyes, , G the ile wore cl g auditor. M r . MALINS 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 induce railway companies generally, and the metropolitan railways in particular, to adopt an uniform system o 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 ho, in future, the holding of 2,000 g. instead of 1,0001. stock in the company." Mr. SNOW proposed, as an amendment, " That the qual:fi, cation be 3,0001., which wits - se;onded by Mr. PUNCHER, and carried unanimously. It was also agreed that the qualification should be held I°3 months by a candidate be ore his election to a seat at the board. On the motion of Mr. Serjeant GASELEE it was agreed that the proprietors should have power to remove a director by a majority of two-thirds of those present at a special meeting convened for the purpose. Clauses would be inserted in th© bill now before Parliament, embodying the foregoing resolu. tion. Mr. WOOD then brought 'forward his motion for removing tae banking account (Oho company to the Bank of Eng. laud. Mr. UzistLa satisfactorily explained the practical difficulties and inconveniences that would ' a rise to the company from 514,1 a course, and.clearltaowed the RAILWAY INTELLIGENCE. LONDON AND SOUTH-WESTERN, [Tie folliming is a m - re.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 ta.keu as read. rity the company now possessed in dealing with their present bankers. A vote of thanks to the chairman concluded the proceed- thr. LANCASHIRE AND YORKSHIRE It appears the directors of this company have decided to recommend the prOprictors at their next meeting to declare a dividend for the half-year ending the 31st of December last at the rate of 44 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 .tap has been taken at the gallant officer's own solicitation. • • The steam-transport Indian, Captain M‘Mazter, 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, aid other draughts for Corfu and the Crimea. Her Majesty's steam-transport Urgent, Commander Phillips, arrived at Portsmouth on Wednesday night from the Mediterranean, defective in her machinery. She has gone into harbour to have the defects repaired. She brought no invalids or pa.sengers. She reports having been in collision on the 13th inst., at 1.30 p.m., off St. Catharine's, with the steam•transport No. 188 ; the latter lost her mizenmast, the Urgent merely lost her foretopinast and studdingsail boom ; ou the 7th of January, off Cape St. 'Vincent, she spoke the English ship Mary and Emma. The Eliza aad Herefordshire transports left Spithead for the Thames yesterday. The Centaur, 6, paddle-frigate, Captain Clifford, C. 8., was taken into dock yesterday, at Portsmouth, for rep:tire, The hired schooner Ocean Lady, in the service of the Ordnance Department of Woolwith 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, likewi-;e for Portsmouth. The Grass hopper gun-boat a few nights Enloe 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 some other damage. The iron screw transport Black Prince, No. 161, G. Stayers master, arrived yeste)ftlay morning off the Ar senal, Woolwich. and has commenced shipping a cargo of forage waggons and others goods for the troops in the Crimea. The Government screw-transport Hesper, Captain Cruickskank, anchored (iff NVoolwich 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 at home : " Horse Guards, Feb. 12. " The Field-Marshal Commanding-in-Chief having, in communication with the Secretary of State for War, decided upon the importance of providing efficient non commissioned officers for the Land Transport Corps, and the Secretary of State hawing authorised the rates of pay here specified [regimental. serjeant-major, us. per diem ; troop serjeant-major, 45. ; serjeant, 3s. ; besides the usual field allowances and free rations allowed by Government to this carp] 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-corn miKioned officers and men to volunteer, transmitting descriptive returns of such as may come forward to the Adjutant-General. The formation of an efficient Land Transport Corps is of paramount importance, and com manding officers are strictly enjoined not to accept the services of any but steady, intelligent, and trustworthy men, although the loss of such may occasion temporary regimental inconvenience. "By command, "G. A. WETIIERALL, 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 Fer gusson, Governor of G►braltar : " '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 ft-els 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 Cominandinin-Chief the favourable opi nion he bas formed of Cdonel Weis. n Patten tad the 3.1 Royal Llnca,hire RegiMent. " 'J. FERGUSSON, Lieutenant-General.' "The va'uable services of Colonel Wilson Patten, and the zeal and exertion he has evinced in bringing- his r,giment to its present high state of di,cipline and efti. • etency, have been on other occa , ions most favourably brought to the notice of the Field-Marshal Commanding in-Cbi,f, and [di lordslll3 ,feels that he can in .no way hetter mark his approval than by thus promulgating Lieutenant-General Sir James Fergusson's order, so cfeditable to Colonel Paten and the militia service. • . " By command, &c." The following appointments were made yesterday at the Admiralty : Cornruanler. J. C. Bickford, to b 3 Inspecting Com• wander of the CoastLruard ; I'. Syoret, aeoond master, to the St. Vincent; G. W. Blossom. acting mate, to the Lapwing. ; C. H. S. Baker, master's-assistant to the Vulture ; J. L. Way and C. C. T. Fitzgerald, naval ca lets, the Royal George ;J. F. Paton, surgeon, and agent for sick and wounded st a nen at Greemck ; R. C. Russell, surgeon, to the Pioneer; C. Crandell, s u rgeon , 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 ; Walter J. Butler, acting surgeon, to the Rodney ; Charles-M. Normand, acting surgeon, to the Seahorse ; William games, 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 COMPANY.—A final division of 5 per cent. to the present stockholders will be paid on Thursday, the 21st of February. CHARGE OF MANSLAUGHTER AGAINST Two ARMY SURGEONS —At an inquest held yesterday at Chatham 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 admi nistered to him in mistake.for a dose of sonna, the jury retired, and, after an absence of nearly two hours, re turned a verdict of manslaughter against Augustus Frederick Turner and Henrypedwell, two army surgeons. MADAIIE TUSSAUD'S 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 whi .11xvill create much p u bli c cur i osi t y trim the pecular position held by the originals during the past and present year. The dresses of the principal f.mWe figures have lately been replaced witli entirely new coaturees of the most elegant and tasteful descrip tion, the whole having been completed under the imme diate superintendence of Mr. J..Tussaud, and sir highiy creditable to his judgment. tADVERTISEMANT.I SIGHT AND HEARING. SPECTACLES, POWERFUL TELESCOPES, OPERA, RACE AND PERSPECTIVE GLASSES. —Messrs. S, and B. Solomons, opticians, 39, A Ihemarte street, Piccadilly. Observe opposite the York' Hotel. By ker Majesty's Royal Letters Patent for valuable and extraordinary improvements iu the most powerful and brilliant Telescopes, Camp, Racecourse, Opera, and Per. spoctive Glasses, to know the distances of objects viewed a thr ud on o g t h hen th . em extraordinaryai In y, na v y powers that some three and a-half inches, with an extra eye. —of piece, will show distinctly Jupiter's mo ons, Satu rn's ring, and the double stars ; with the same teieseope can b e seen a person's countenance time miles and a half distant, til e h o c e r w d_ 1 sizei y n . g i l no y vf 0 n ; aWhile utveryb their y g n aw v h a a r: chh: And an object from 16 to 20 miles. They are of larger and all ing from 4 to 6 inches enable us to discover more than tho above, and the Georgian; with his 6 satellites, &e.—. T he R oya l w t eadl Eplehseil;fiwutiitoliisllltectirofillast.--ipnogVaal:utwagbeirBl,otsa,a: a person can be seen and known 1 :1- miles distant; they answer every purpose ou the race-course, and at the opera houses, c.nintry scenery, and shijs are clearly seen at 8 to 10 miles. They are invaluable for shooting, deer-stalking, yachting, to sportsmen, gentlemen, gamekeepers, and tourists. Opera, race-course, camp, and perspective glasses, with wonderful power. Newly-constructed Spectacle Lenses of the great est transparent power. The valuable advantage derived trom this invention is, that vision becoming impaired is preserved and strengthened, and very aged persona are enabled to employ their sight at tun most minute occu 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. Deafaess—New Discovery.—The Organic Vibrator, an ex traordinary powerful, small, newly-invented instrument for deafness, entirely different from all others, to surpass "7' thing of the kind that has been, or probably ever lan be, produced. Being of the same colour as the skin, is not per ceptible ; it enables deaf persons to hear distinctly at churc h and at publics assemblies ; the unpleasant se nsation of all of singingthe noises in the ears is entirely removed; and it s & affords assistance that possibly could be desiredl York 90 ' Hotel. Albemarle street, Piccadilly. Observe— opposite the [A.DyERTISEMENT.]—We have read with much pleasure Dr homedicine by Du u without Barry's report on the cure of diseases Flatulency, Barry's Food, of Indigestion( Dyspepsia), Constipa tion, Cough, Asthma, Nervous, Bilious, and Liver Complaints, are Consumption, and Debility. The following mau c a reNew extracts which appear to merit the attention of y: n 0. 47,121. —Miss Elizabeth Jaebbs, of Na zing mu Vi carage, Walthameross, Herts: a cure of extreme nervousness, indigestion, gather ings, low spirits, and nervous fancies. Cure No. 48314. Mi ss Elizabeth Yeoman , A Gateacre, near T --velTool: a l cure of 10 years' dyspepsia and all the horrors of nervous irritability. From the e Dowa o cr r Countess of Castlestuart : Cure 52,612. —llosstrevor, County of Down, Ireland, 9th Dec. 1854. L ie Dowa g er Countess of Castlestu ar t feels induced, in the i n terest of suffering humanity, to state that Du Barry's ex cellent Revalenta Arabica Food has cured her, after all medicines had failed, of indigestion, bile, great nervousness and irritability of many years' standing. This Food deserves the confidence of all sufferers, and may be con sidered areal blessing. Inquiries will be cheerfullyanswered. In canisters, 51bs. 11s, ; 121b5., 225. The 121bs. carriage free, on receipt of post-office order. Barry du - Barry and Co., 77, Regent-street, London ; Fortnum, Mason, and Co., -PurVeyora to -her Majesty, Piccadilly ; also at 60, Grace- Church-street ; 333 and 451, Strand ; 4, Cheapside ; 08, Cornhill ; 49, Bishopsgate-street ; 55, Charing-MU ; _no Upper Baker-street; 03 and J. 50, Oaforditreet, ectly a nd that at of