The Sun. — London, England, 1851-06-07 00:00:00

scription ly in the who op 'or exbi ughtor) ow how tan cow , hich be , that of ,) The i taken Wore lussell) 1. But rear the another f. Durable O'Fer fidence of that when wanton 1 raur' 0 Were come ig 0 0 want hear•) THE SUN, refusal on the part of the Committee to adopt the very mode rate proposal then under their cOadderatiou would indicate a determination on their parts not to listen to reason or argument upon that sub ject; and he could not help feeling that the result of such a course would be to alienate the affactious of one third of her Majesty's subjects, while the Legislature ;would ultimately be compelled ignominiously to retrace its steps in the matter. Air. J. O'CONNELL denied the right of the Hon. and Learned Member for Enniskillen (Mr. Whiteside) to express an opinion on the condition of the Roman Catholic Church in Rome, because the Hon. and Learned Gentleman in the book he had published had put forward no other views upon that subject than those which were already to be found iu works written by persons noto riously hostile to the Roman Catholic religion. He (&lr. J. O'Connell) contended that the tendency of the , a cts l4 which had been quoted in the course of that discus -011 hs d not been directed against the exercise of spiritual jurisdiction, but had been meant solely to pro• sent encroachments on the temporal power of the State. Re believed that if the words which it was proposed should be omitted in that case were retained, the Latbolic 41 , equests Act would become a total nullity. England jest summoned the nations of the earth t,) admire tter progress in the arts of civilization, and the many gs in which Providence had showered down upon Ler; and she ought not at such a moment to afford those nations the miserable spectacle of a return to the most ° h:leotionable practices of what the lion. and Learned Gentleman the Solicitor-General had characterised as the wont times of barbarism and intolerance. The Committee divided, when there appeared— Yor the amendment 38 .Against it ... 107 Alejority against the amendment ...-69 s, CRAWFORD, who had notice of an aroend teent eat the paper to exclude Ireland from the operation Of the Bill, intimated that, instead of moving it on this Clause, tie should bring it forward as a separate clause When a is was di , posed of. Sir B. WILLOUGHBY then moved, as an amend- Meat on. the second clause, the insertion of words making illeged for any person ' hereafter to obtain or cause to be procured from the Bishop or See of Rome, or publish or put in use within any part of the United Kingdom, any bull, brief; roscript, letters apostolical, or any other hstrutaent or writing for the purpose of creating an hierarchy of bishops, named from any province or see, and with titles derived from places belonging to the Crown 'of the United Kingdom. Lord. J. RUSSELL said that the original amendment of Mr. Walpole was framed similarly to this, and he should oppose it, as going beyond the intention of the 10th Gel°. IV.— the Catholic Relief Act. It created an additie sal offence, and that an offence which would be exceedisegly diffieult of prosecution. Sir F. THESIGER supported the amendment. The Noble Lord had stated in pis famous letter that " there is an re ioumption of power in all the documents which have cc sae from Rome—a pretension to supremacy over the realm of England. end a claim to sole and undivided sway, which is inconsistent with the Queen's supremacy, With the: rights of our bishops and clergy, and with the Opirittoal indepenclondence of the nation, as asserted even In Row tin Catholic times." That WAS the course of le gislatio r. which the Noble Lord bad originally pointed Out; bu:t certainly nothing could exceed the disappoint ment of those whose expectations were raised by that letter when they saw the Noble Lord's Bill.—(Hear, hear, ac d a laugh.) True, the Bill had, to a certain degree, , been amended and strengthened by adopting the surgestion of Mr. Walpole; but by adopting those sliggesO ons and leaving the Bill in its present state, :it was in the most inconsistent condition that co t.ld possibly be imagined, because the Noble Lord h aving all along declared that his intention Was that his legislation should be uniform for every part of the kingdom, and that he meant to apply the same law to Itveland that he applied to other parts of the United Kingdom, the shape in which the Bill now stood was thhe The preamble referred only to a particular rescript, which was applicable to England, and the de claratory enactment referred to the same part of the United Kingdom, and to the rescript which had been introduced here; yet the Noble Lord opposed the amend bent of Sir IL Willoughby, the effect of which was to declare illegal, and to subject to a penalty, any similar bulls, rescripts, or letters apostolical which should hereafter be introduced into any part of the United liiegdout. It had been repeatedly stated that the only reason why the law hod not been put he force against the aggression of the Papacy, and why the parties who bad been instrumental in forwarding it had not been pus Wished, was, that the law was in an obsolete state, and it Would not do to awaken it from its slumbers in the sta tute-book, and to bring it into operation suddenly against the parties who had broken it. But what did the Noble Lord do if he left his Bill in its present conditioe? The statutes of Richard H. and Elizabeth, they were told, were existing laws, and now in operation, but laws not to be brought in force as applicable to this par ticular subject, in consequence of some supposed hard ship that would arise from reviving these dormant sta tutes, and bringing them into use in the present day. Well, but were they to be brought into ute at any future day? What was the intention? Were they to remain, as before, dead letters upon the statute-book, or . were they to be applicable to any encroachment of a :outlier character which might hereafter bo attempted against this country?--(Hear, hear.) Surely the better plan would be, if it were the intention of the Noble Lord and his Government that any similar rescripts introduced into this country should be subjected to the penal t oe,:- miens of the Bill, not to do it indirectly, but upon the face of the Bill itself to declare that intention, and ex pressly to provide against any possibility of supposing that there was no law which could be applied to this particular encroachment, and by adopting the amend ment to declare that any similar rescripts introduced into the United Kingdom should be subjected to the penalty provideel by the Bill.—(Hear.) The ATTORNEY-GENERAL said ho saw no sub stantial difference between the present amendment and that of the Hon. and Learned Member for Midhurat (Mr. Walpole). The Hon. and Learned Gentleman then repeated the arguments against the amendment, which he had urged against the proposal of Mr. Wal pole, and contendd that the Bill would be a consistent and uniform Bill without it. The object and scope of the Bill was to prevent the assumption of ecclesiastical titles, and the clause as it stood struck at that assump tion; but the promoters of the amendment said it was necessary to go further, to do something more—in fact, to go beyond the object of the Bill, and prevent the in troduction of bulls for the creation of ecclesiastical titles. But it was useless to declare offences and enact penalties unless they could carry their law into effect. Did the Hon. and Learned Gentleman believe they could ever convict anybody of obtaining, or causing to be pro cured, a bull, brief, or rescript? What possible proof could they have of it? Did he suppose that the com munications which took place between the Sovereign Pontiff and his agents in this country would be so open and avowed that he would be able to carry out that part of the clause if it were adopted and made law ? Besides, if the amendment were agreed to, they would be split ting up one transaction into two, and be visiting it with a two-fold penalty, and thus, in fact, would go beyond the intention of the Act of 10th George IV. Mr. FRESFIFIELD said there might be two offences committed—the one being the assumption of the title, the other the procuring a bull, which might or might not be put in force by the same individual. These Acts would, therefore, be properly punished as two offences. It might happen that a person negotiated to obtain a bull and brine it to this country, and yet did not succeed in putting it in force. But his doing so ought to be punished nevertheless. In his opinion they were two distinct offences, and should be so punished. Mr. HENLEY supported the amendment, and can tended that the Attorney-General was not warranted in saying that it was the same as that of the Hon. and Learned Member for Midhuret. It was essentially dif ferent— it made the Bill prospective; whilst, if they left it to stand in its present shape, no man could say that it might not he retrospective in its effects. The SOLICITOR-GENERAL said that the two things against which the Bill was aim©d was the assump tion of territorial titles, and the offensive character of the rescript of the Pope, claiming over this country a jurisdiction which had not been attempted to bo enforced by the Pope for the last 300 years. The Bill dealt with these by the first clause, which declared the assumption of those titles illegal; and by the second clause, which imposed a penalty. The amendment would introduce a new penalty,—viz., that for procuring the introduction of bulls into this country. It would thus go beyond the Act of 1829, which he thought not to be advisable. Mr. J. STUART said the difference between the clause and the amendment was that the former only punished those who assumed an episcopal title, whereas the amendment applied to those who might procure authority to use those titles. lie should vote for tho amendment. Sir GEORGE GREY said that the introduction -of bulls was still an offence against law, and punishable as such, the Legislature in 1846 having only repealed the penaltier. Instead of thus running counter to so recent a decision of Parliament by the introduction of certain words in a clause, lot the Hon. Member, if he wished to deal with the matter, take up the whole subject of those ancient Acts and their penalties. Sir R. INGLIS said the Bill was merely retrospec tive, as applying only to the rescript of September last. The amendment was prospective, making the penalty co extensive with every aggression which might hereafter be made. Sir G. GREY denied that it was only retrospective; it would apply to every territorial title that might hereafter be derived from Rome. The Committee divided, when there appeared — For the amendment ... a . 129 Against it ... 133 Majority ~-4 Colonel SIBTHORP moved an amendment in line 37, after the words " pay the sum of " instead of 100/. to insert 5001. He said he had a better opinion of the Pope then of the Noble Lord.—(Laughter and cheers.) If he had been the Pope he would have done the same thing—(Laughter) --fur the Noble Lord had invited the Pope to come here; but if the Popo did come, be hoped he would not visit the Noble Lord in Downing-street. lie thought the conduct of the Noble Lord had been in sulting to Ireland.—(Cheers from Irish Members.) The Committee divided, when there appeared— For ••• ••• 63 Against 199 Majority —136 Mr. O'FLAHERTY asked'the Chairman whether, on voting on the question of 5001., there would bo a second voting on that of 100/.? Ho complained that he had been interfered with by a Noble Lord on asking the question. Lard M. BILL said he had heard the Chairman clear the House, and he asked a group of gentiemen to go into the lobby. One of them said he interfered with his asking a question of the Chairman, and he said ho bad nothing more to say on the subject. After a few words from slr. DISRAELI, Sir F. TRESIGER rose to move the amendment of which he had given notice. Mr. REYNOLDS rose to order. He asked the Chair man whether it was competent for the Hon. Member to put the merriment? Mr. BERNAL decided in the affirmative. Sir F. TLIESIGER did not anticipate much objection to his proposition, it was of so reasonable a character. Tho clause proposed to leave the recovery of penalties to the Act 10 George IV.; that was to say by informa tion. The Hon. Member for Midhurst desired to re cover the penalty by means of an informer; but a diffe rence of opinion prevailed upon the subject. some think ing to leave the recovery to the Attorney-General would be illusory, and the provision a dead letter; while others thought if it were left to an informer it would give rise to great vexation, and leave a great opening to fraud end collusioe. lie (Sir F. Tbesiger) felt there was weight in both objections; and therefore he :suggested a middle course—leaving to the Attorney-General the eight under Act 10 Geo. IV., but giving au informer the power to in stitute a suit under the control of the Attorney-General. It wes one thing to institute a suit, and another to con trol it. In his proposition, the Attorney-General and the informer would be a mutual check on each other. For if the Attorney-General was slack, and the informer respectable, it would be impossible, for the Attorney- General to refuse it. The advantage of his proposition was, that it still left the responsibility to the Attorney- General. The Right Hon. Member for Longford had stated that it was understood that the law of 1829,as re garded the provision in question, should not be carried into effect. The law, nevertheless, was the same in Ire land as in England; and yet the Attorney-General bed not prosecuted those persons who had assumed territo rial titles. This is was which had led to all the present difficulty, and with that experience before them, the Committee could not hesitate to adopt the amendment. Be agreed that nothing was worse than to pass penal laws and not to enforee them. This amendment he (Sir Frederick Thesiger) proposed as a test of the sincerity of the Government in the case of the penalty. Tho Hon. and Learned Gentleman concluded by moving, "In clause 2, line 39, after the word thereof,' to add these words, ' or by action of debt at the snit of any person in one of her Majesty's superior courts of law, with the consent of her Majesty 'e Attorney-General in England and Ireland, or the Lord Advocate in Scotland, as the case may be.' " The MASTER of the ROLLS said there wore many statut©s which enabled actions to be brought by private individuals with the sanction of the Attorney-General; but there were no cases which required greater attention on his part; and.he would venture to say, from the expe -1 rience he had had of that office, that the adoption of such a clause would be far from having the effect which it was intended to have. It would, in point of fact, induce the Attorney-General to shift from his own shoulders to those of others the responsibility of bringing such ac tions. It was the usual course with an Attorney-General not to allow any action to be brought without prima facie evidence being laid before him to support such ac tion. If he were convinced of the propriety of an action being brought, it was his duty to bring it himself. He should also require of the person bringing the action to enter into a bond as a security for the costs, if the action went against him. Whereas, if the action was brought by the Attorney-General, ho would be under no such liability to pay the costs. The effect of putting such re strictions upon the regular course of proceeding would be to make the Act a dead letter. Mr. WALPOLE thought that the observatioes which had fallen from the Master of the Rolls were the most convincing proofs that the amendment ought to be adopted. No objections could bo raised against the amendment, except the possibility of its becoming a dead letter. Ho said the offence being notorious it was necessary to provide against the law officers of the Crown neglecting their duty in protactieg the nation from a wrong done to it. The law in this respect, in volved in the Emancipation Act, did become a dead let • ter.—(Hear, hear.) It should be recollected that there was no law to prevent a Roman Catholic becoming At torney-General. They should not, therefore, put him in a position in which his feelings would ceetlict with his duty. But by giving the subject the power of put ting the law in motion, they would save him from the painful position in which he would be placed. tipon this amendment he (Mr. Walpole) was disposed to stand firm, and unless the Government acceded to the propo sition of his Hon. and Learned Friend an ampression would he induced that the Government did not really intend to enforce the law in support of the dignity of the Crown and to resent the insult to the nation. The ATTORNEY-GENERAL said it appeared to him that the course proposed by the supporters of the amendment was a most objectionable one. They were not dealing with cases in which they would be compelled to rely upon the scrutinising eye of an informer, but they were dealing with an offence which was committed before the eyes of the world. It would be but degrading the motives for an action of this sort if they were to give power to the informer to originate the proceedings. The prosecution should be a Government one, and based upon the proper grounds. It would also degrade the office of the Attorney-General if it were brought in con tact with a common informer. If the Attorney-General were satisfied there were good grounds for bringing the action it would be his own duty to institute the prosecu tion; and if he did not do his duty, the House would compel him to take the proper course. In the case of a Roman Catholic Attorney-General, if he so far forgot his duty in not instituting a prosecution when it was ne cessary for him to do so, he would be equally - capable of negfccunp.:, nib duo., the i n form e r_ f rom proceeding. If they thought the Attorney-General in capable of discharging his duty, why then, in heaven's name, invest the power in the hands of some person else. Mr. DISRAELI did not think that the circumstances to which the amendment referred were petty. They would be circumstances of considerable notoriety and interest. Ho thought it highly desirable that the ma jesty of the law should be vindicated by the Attorney- General alone. But how stood the facts? Had that high and learned functionary been entrusted with this duty, and had he done that which the country had ex pected from him?—(Hear, hear.) It was, unfortunately, a matter of historical record that the Attorney-General had not accomplished that which the Legislature had an ticipated that he would have fulfilled.—(Hear, hear.) With that experience, then, they were called upon to deal with the circumstances before them. And how had they dealt with them? The Hon. and Learned Member for Midhurst had already made a proposition upon this subject. He (Mr. Disraeli) had felt it his duty to ex press his objections to the course ho then recommended the Howe to adopt. But, at the same time, while alive to that objection, he could not be blind to the fact that the At • ney-General had eignagy failed in the discharge of those duties with which he had been entrusted. The objections made by the Master of the Rolls and the Attor ney-General were in effa:t that they sought by this proposition to exercise a control over the Attor ney-General. That was their objection, theoretically they desired that the Attorney-General should not be controlled in the fulfilment of those duties which they believed it to be his duty to discharge.—(Hear, bear.) But practically they knew that the Attorney- General under such circumstances bed slumbered at his post. They therefore desired that he should do his duty in a manner that would not incur public odium or dis:epute. Under these circumstances he felt it his duty to support the amendment of the Hon. and Learned Member for Abingdon. He had already expressed his objections to the main construction of the Bill. He thought diet they had made a great mistake in the basis of their legislation upon this subject being penal. He did not change his opinion on that point, though he would nut presume to introduce it into the present dis cussion. But the House having resolved by largo ma jorities that they would meet this imminent danger and Papal aggression by penal legislation, it became their duty to make it efficient, and not only efficient, but as far as possible conducive to the national honour and to the national credit.—(Cheers.) Mr. EETHELL agreed with the last Hon. Gentleman that they ought nut to encourage a petty piece of legis lation, and in that spirit he would oppose the amend ment of the Honourable and Learned Gentleman the Member for Abingdon ; for anything more petty, more at variance with the principles of their law, than to commit the punishment of an offence under the present Bill to a common informer he could riot conceive. Ho defied any person to produce a precedent to show that a great national offence, liable to a penalty of this sort, was left to the prosecution of an informer. The offence was one of great notoriety, of great publi city. What a as that House? Was it not the Grand Inquisition of the nation, armed with the authority to see that the persons who were entrusted with the execu tion of the laws had performed their duty? tend when they were told by the Hen. Gentleman that wo ought to resort to the means of legislation, because the Attor ney-General hod been found sleeping at his post, ho would ask, where was the House of Commons during that slumber?—(Hear, hear.) lied they not partici pated in his neglect?—and by this course which they now proposed to take did they not show that they were afraid that they would be parties in any proceeding whidla the Attorney-General should (Alginate? Accord ing to thelanguage of this clause, the information was not to be brought . forward in the shape of a public action; but it was to be in the nature of a private action. Now, what could be more petty? The action was to recover too/. as a d e bt d ue to th e plaintiff; and this great national offence—th e v i n dication of their national inde pendence a ga i nst a public affront given to them before the eyes of all Europe—was to resolve itself into a pe nalty which was to be exacted by a private individual, who was to ask the consent of the Attorney-General to rputrecommended this 1001. by R i nhisobp.OmekeemabeArsnodppthosaittew,absectahnesce rsefor sooth, they felt they should not enter into a course of petty penal legislation.—(H ear , hear.) Observe the d a nger of collusion by thi s proceed i ng. If the Attorney - General was soporific, and that a pri va t e i n di v idual came forward to discharge his duty, the moment he obtained the consent of the Attorney-General he might show him self to be a party not desirous of vindicating the law, rind might collude with the defendant, and the whole of the cl sine anl the proceeding under it would be utterly bafll , _ d. They would have no con t ro l over the actions und,irsu h a eir cumesatnas o n cef evasion by the of s, which a c ti ons m i g h t madeb e e ought a shield and m tender, who would be enabled to sin against the law with impunity. That would dczetve not only the name of petty penal legislation, but would be a' blunder to which he hoped the House would not commit themselves. Was it fitting or charitable to put the happiness and comfort of Roman Catholics in such a condition —to piece them at the mercy of the common informer and spies? Would that tend to the happiness of the community ? The Bill had been sup eorted by Hon. Members on his side of the House on the i ground that it was a great vindication of our liberty and our constitution fromthat domination claimed by the Pope. He hoped, there , fore the House would not permit a public offence to be taken out of the hands of a public prose cutor and placed in the hands of an informer, whose only inducement would be to extract 1001. from some unfin xunate individual. He should, therefore, give his oppo lition to the amendment. Lord J. MANNERS said the Hon. and Learned Gen• tleman had directed his objections not so much against the amendment of the Hon. and Learned Member for Abingdon al against the amendment of the Hon. and Learned Member for ItLdhurst. To him the question teeined to be this, would the House have an efficient or an inefficient measure? Ho had supported the measure of her Majesty's Government hitherto, but believing as he did that the amendment would put an end to petty pnrseeutiug actions, and at the same ti:ne prevent the Attorney-General from neglecting his duty, be should give it his support. Lord J. RUSSELL said according to analogy pro secutions ought to be felt to the Attorney-General when offence; were committed against the Statc, and the Crown. Now as ths Attorney-General represented both State and Crown, ho ought of c arse to be the prosecutor in cases where it was deemed fit that prosecutions should be undertaken. In eases of libel against the Sovereign the Attorney-General was resorted to and not a common informer. The only reason weighing with the House against analogy—for without that reason the House could have no hesitation about the matter—was that the Act of 1829, as asserted, had been constantly violated, and that Attorney-Generals had connived at that latirn. He believed that assumption was totally at va riance with the fact. He could not 'be supposed to an swer for every one, but those at least with whom ho had been connected in office, he could undertake to answer for. The Attorney-General for. Ireland, Sir M. O'Loghlin, he could answer for. He re membered on one occasion stating to, that gen tleman not from his own opinion, 'but from a something that had hen brought before him, that there was a suspicion that he (Sir M. O'Loghlin) had unduly favoured Roman Catholics. That Gentleman answered, much to his honour, "If you give the slightest belief to the rumour that I show partiality to Roman Catholics over Protestants, I em unfit to hold my office."—(Hear, hear.) There was the Lord Chief Justice Blackburn°, of high abilities and legal qualifica tion; he was not likely to give way to improper partia lity. The Master of the Roils for Ireland—could ha be charged with not performing his duty, for such was the assumption conveyed by this amendment? He owned that he should consider that Attorney-General unworthy of his office who gave permission to an informer to bring a qui tam action under the Bill. If he saw an Attorney- General in the House who had given such permission, he should say to him, " If this case ought to be prose- cuted, why not prosecute it yourself?" v lt would be a bad example if an Attorney• General, having a doubt about the evidence bearing out a prosecution, should say to a common informer, " Though I will not prosecute, yon may try your chance of getting 1001. from some in dividual. I'll sign my name to the action." Now that would be petty penal legislation, and in his opinion there could not bo a mo:e accurate description of such an Act. In a case of that kind he owned that an Attor ney-General would be unworthy of his office; and be lieving as he did that the gentlemen he had named had not failed in their duty, he must give his opposition to the amendment. Mr. REYNOLDS moved that tho Chairman report progress. Lord J. RUSSELL must say there was no ground whatever for the Hon. Member's motion. The House was then fuller than at", any period of the evening. The question had been amply discussed, nothing more could be added with advantage, and he ti ought the House was ;quite fit to come to a =elusion without further &lay. Mr. KEOGH said Government we:o nearly in a mi nority a little while ago, and they were not then anxious the debate should close. There was no Member who represmtecl an Irish constituency who had taken a part in this important question.—(oh.) It was not reason able to oppose the Hon. Gentleman's motion. Mr. REYNOLDS thought his motion by no means After a few words from Lord J. RUSSELL, The Committee divided, when there appeared— For the motion ... ... 41 Against it ... ... ... 306 Mcjority • • ••• -265 Mr. REYNOLDS then moved that the Chairman leave lc chair. Lord J. RUSSELL said ho had endeavoured, as far as possible, to meet the convenience of the lion. Member for Dublin and those who acted with him, by postpon ing the further discussion of the Bill from the day he had originally named to that day fortnight, and he must say that a more unfair return could not be imagined than that which he had received at the hands of the Hon. Member for Dublin, who, after indulging in taunts and sarcasms, had taken advantage of the concession which ,he had made to prevent him from making further pro gress with the Bill that night.—(Cheers.) Mr. P. BUTLER said no man was more opposed to the Ecclesiastical Titles Bill than himself. He was a Protestant and a sincere one; but he thought this the most unfortunate Bill ever introduced into that House; and representing, as' he did, a constituency nineteen out of every twenty of whom were Roman Catholics, he had voted in the minority. He was not, however, prepared to go further; he had done all which ho thought consist ent with gentlemanly fooling—(Cheers) —and would go no further; and if there should be another division, he would not vote against the Hon. Member for Dublin, but would walk out of the House.—(Cheers.) Sir It. INGLIS hoped it was not too late for the Noble Lord at the head of tho Government to reconsider the announcement which he had made, and that in justioo to tenses:at' end the onle of England ho vrnuld proceed 'Thursday with the Bill on 'Thursday next—(aear, hear)—and so continue, de die in diem, and, if necessary, test the sense of the House as ho had just tested it, and so prove that all public business was interrupted in its progress by not more than a tenth part of the Members of that House— (Loud cheers) —so that the Bill, after having, he be lieved, been more days under discussion than any mea sure for the last twenty years, might at length be brought to a close, no; perhaps, in so satisfactory a manner as could be desired, but at any rate might terminate, and that the time of the House might not be further wasted. Mr. REYNOLDS believed that ho was not justly open to the imputations that had been cast upon him—(Loud cries of " Oh," and confusion). If he was not allowed ' to explain, he would call for a division.—(Oh, oh.) Admiral BERKELEY said he had witnessed tyrant majorities, and what had been called factious minorities; but in his lifetime—and his Parliamentary experience had been considerable—he had never witnessed a more patient or forbearing majority—(Hear, hear)—or a more factious—he would not make use of other terms—oppo sition than that which had been led by the Hon. Mem ber for Dublin. I will tell the Hon. Member (continued the lion. and Gallant Member) that the rules of this House were made by gentlemen—(Loud cheers) —by gentlemen for the guidance of gentlemen—(Renewed and protracted cheers) and if there are those that are come amongst us that cannot be guided by those feelings, it is high time we should alter the rules of our House, and place ourselves in a different position.—(Load cheers.) Mr. DISRAELI said an unnecessary warmth had arisen from u want of appreciation of the observations ' of the Noble Lord at the head of the Government. The appeal of the Noble Lord was couched in such good temper, and actuated by so good a spirit, that he was quite certain that if it had been allowed to have its pro per effect they ehould have been now discussing the amendment of his Honourable and Learned Friend. That was an important amendment, and re paired more discussion, perhaps, than it had re ceived; but, although it was their habit, generally speaking, to finish the debate at midnight, yet the Hon. Member for Dublin should recollect that they were on the eve of an adjournment, and when a Committee was at work, and in the midst of discussing an amendment of, or rather en addition to a clause, it was not unusual to sit up an hour or two beyond that time, or perhaps even more.— (Hear, hear.) By two o'clock they might have fairly discussed it, and he really thought, although they had lost time, it was still in their power to do so. The Lion. Member for Dublin and his friends would not forget the considerate manner in which the Noble Lord had arranged the business with regard to the conve nience of Hon. Members of the sister kingdom, and the temperate tone in which he had addressed himself to the question before them—(Hear, hear)—so different from that indulged in by other Hon. Members--(Hear, hear)—and would agree, he felt assured, to go on with the dissuasion of the amendment of his lion, and Learned Friend. Ho agreed with the Hon. and Gallant Admiral that not only were the rules of the House made by gentlemen, but that every Member of that House was actuated by a gentlemanlike feeling, and he could not help thinking, although they had wasted time, that the Hon. Member for Dublin and his friends would reconsider their determination, and, duly appre ciating the excellent tone adopted by the Noble Leader of that House, would consent to proceed with the busi ness before them.—(Flear, hear.) Mr. KEOGH quite agreed with the Hon. Member for Bucks as to the temperate and kind tone of the Noble Lord, but he regretted that the Hon. Member had not called attention to the tone of another Hon. Member. The Hon, and Gallant Member said he had known tyrant majorities and factious 'minorities, but the Hon. and Gallant Member was the Member of a party which had never been very scrupulous, whether in a minority or a majority, as to the opposition which they thought pro per to give to measures with which they wore dissatis fied. On a memorable occasion with which the Noble Lord was perfectly familiar, he himself had taken part in an opposition as obstinate—he would not, use the 711 Nsanoyble of which h e cou ld neom pl a i n; and Lord that it void be vain wordhienwteomuplder tell to appeal to the temperate and kind manner Which was so natural to him, if he allowed his subordinates to in dulge in a tone so different from his own.—(Hear.) Colonel KNOX (who rose amidst much noise and confusion), said he had voted in the minority, feeling confident that the discussion could not terminate that night; but was he, therefore, to be thus designated by the Hon. and Gallant Admiral? — (Laughter.) Ad m iral BERKELEY begged to assure the Hon. and Gallant Colonel that he had made no complaint what ever against him. But he had been kept there night after night listening to what he could hardly consider arguments proceeding from a particular quarter, and he thought he had some right to complain; but in making his complaint he had been guarded in his language.— (Oh, oh.) lie had certainly heard much strange len .' gunge in that House, and he could only say, honestly and conscientiously, Out in the language he had used, however strong it might be, he had no intention of in sulting any man.—Ulcer, hear.) After a few words from Mr. P. BUTLER, The Committee divided, when there appeared— For the motion . Against i t Majority against the Chair man leaving the chair —2ol On the op en i ng of the gallery, Mr. SCULLY was objecting to proceeding any further at that late hour with the proviso. Mr. LAWLESS thought the language used by the lion. and Gallant Member for Gloucester, which was LONDON SATURDAY EVENINGr JUNE 7, 1851. NAVAL INTELLIGENCE. Rear-Admiral the Hon. M. F. F. Berkeley, C. 8., M.P., and Captain Houston Stewart, 0.13., have left the Ad miralty for the Whitsuntide holidays. Rear-Admiral Superintendent Prescott, .C. 8., returned to Portsmouth from leave of absence on Thursday, and relmieted his flag on board the Britannia, 120. Commander Georee Parker has been appointed to the Queen, 116, fla g - s hi p i n t h e Mediterranean, vice Codd, promoted. Commander Philip Somerville has been appointed to the Banff coast-guard district, vice Maude, whose ap pointment has been cancelled. Commander Thomas D. Stewart, and Lieuts. W. G. Heath and M`Donald, hare been appointed to study steam at the Woolwich factory. It is with groat regret we aiIIIOUTIC 3 the death of a worthy and highly intelligent and respected officer, Lieutenant John Kiddie (1814), which took place at the Royal Naval ilospital, Stonehouso, on the 29th ult., leavin g a wife and ten children to lament his loss. Lieut. Kiddie has served about 23 years oa full pay; for the last twelve months as agent of one of the %Wet India mail packets; and to the Uinta of a fever caught some months since when in this service in the West Indies, his death is attributable. lie en tered the navy Dec. 24, 1806, as first-class volunteer on board the Mars, 74, Captains William Lakin, James Raton, John Surman Carden, and Henry Raper; in which ship, after attending Admiral Gambier's expedi tion to Copenhagee, he continued to servo as midship man, on the Channel and Lisbon stations, until Fe bruary, 1813. He then joined the Bellerophon, 74, bearing the flag of Sir Richard Keats, at Newfound. land, whore, shortly alter his promotion to the rank of lieutenant, which took place July 29, 1814, he removed to the Challenger, 16, Captains Fred. E. Vernon and Henry Forbes. His appointments since the paying off of the latter vessel in September, 1815, have been—Oct.. 15, 1830, to the Talavera, coast blockade-ship, Captains Hugh Pigot and David Colby—April 16, 1831, to the coast-guard—June 11, 1833, to command the Fox revenue-vessel—June 22, 1836, to the coast-guard— Jan. 29, 1844, to command the Harpy, another revenue cruiser—and April 22, 1847, again to the coast-guard until August 4, 1847. The eldest son of the deceased is now serving as second master in the Gladiator steam frigate, en the coast of Africa, and, in addition to having obtained first-class certificates from the Trinity House, and various recommendations for his professional skill, he has on several occasions distinguished himself, espe cially so at Marseilles; when, acting master of one of the mail packets, he obtained the thanks of the French au thorities for extinguishing a fire. ARRIVAL Or THE HERALD.—This ship, commanded by Captain Kellett, C. 8., has at length reached England, having touched at Portsmouth yesterday, on her way to Chatham to be paid off. She has been absent from England for more than six years and her ship's company has seen as many races of men, have visited as many previously unknown places, and felt the influence of as many different climates, as any crew of a single ship since the first days of navigation. After surveying in the Pacific for many years she was sent to Behring's Straits, to communicate with the Plover, in search of Sir John Franklin, and her route thence has been to Hong- Kong, Singapore, the Cape, and St. Helena. The First and Second Lieutenants, Maguire and Trollope; the surgeon, Mr. Goodridge ; the Assistant-surgeon, Mr. Billings, and hor clerk, Mr. Whiffin, have been in her during the whole term of her commission, since Feb. ruary, 1845. Her paymaster, Mr. Woodward, it will be remembered, died on the passage home. Birkenhead troop-steamer, Master-Commander Sal mond, arrived at Portsmouth yesterday morning, and went into harbour to coal and hold herself in readiness for further service. Hecate, 6, steam-sloop, Commander Hand, has moved out to Spithead, to wait orders. Retribution, 28, steam-frigate, Captain Warden, arrived at Spithead from Lisbon (having sailed home), yesterday morning. She has had a long passage of 20 days, and was ordered into harbour to be taken into the new dock at the north corner of the yard on Monday next. PORTSMOUTH, FRIDAY.—The Prince of Wales, India man, Captain Hopkins, passed the bight this morning, and communicated by pilot-bor.t. She brought one day's later nows from the Cape, and the following pas sengers:— From Calcutta for London—Mrs. Graham, Mrs. Eta son Mrs. Carleton, Mr s . O'Brien,- Mrs. Ball, Mrs. Hicks and two children, Mrs. Spense and two children, Mrs. Macmullen and four children, Mrs. Doyne and one child, Mrs. Campbell and throe children, Mrs. Tweedie and four children, Mrs. Cameron and three children, Mrs. Weston and two children, Miss Finch, Miss Graham, Miss Etcson, Miss Brown, Miss. M. Brown, Miss Pater, Colonel Graham, 11th Regiment Native Infantry; Major Hicks, 67th Regiment of Native Infantry; Captain St. George , 17th Regiment of Nati ve Infantry; Lieutenant Cookworthy, Artillery; Jeffery Finch, Mr. J. T. D. Cameron. Children—(2) Misses Savi s (2) Misses Kenny, (2) Masters Durand, Miss Bishop, Master Bishop, Master Court, Master Finch, and fourteen servants. From the Cape for London—Mrs. Austin and three children, Miss Khunard, Mr. Austin, Mr. Blake, R.N., M. Nicholson, and one servant. Lift at the Cape of Good Hope from Calcutta—Mrs. Davidson and one child, Captain N. W. Davidson, 18th Regiment of Native Infantry; Mr. T. Twcedie, deputy magistrate; and two servants. The ship Prince of Wales left Calcutta on the 13th of February; the Sandheads, on the 16th of February; ar rived at Table lay on the 3d of April; and 14A Table Bay on the Bth of April. March I.—Signalled tha 'British bark" Nemesis, from Calcutta, in lat. 0 deg. 16 min. N., long. 86 deg. 50 min. E. March 26.—Signalled the British bark Sappho, from Manilla, for Grand Cayman, in lat. 32 deg. 30 min. S., long. 30 deg. 7 rain. E., and parted company off L'Agulhas on the 2d of April. April B.—Left at Ta ble Bay the British ships Earl Balcarres, from Bombay; the Vernon, from Madras; and the Soubandar, from London; and signalled the British barque'Alexander John Kerr, standing In towards Table Bay. April 28.—Spoke the Dutch ship Jacobs Helena, from Batavia for Rotter dam, in lat. 0 deg. 44 min. N., long. 20 deg. 41 min. W. May 15.—Signalled the English ship Aginconrt, from Calcutta for London, in lat. 33 deg. 0 min. N., long. 35 deg. 21 min. W. May 18.—Spoke the English brig Amaranth, from Newcastle for Newhaven, United States, in lat. 40 deg. 37 min. N., long. 32 deg. 34 min. W. May 27.—Signalled the English ship Carnatic, in lat. 46 deg. 0 min. N., long. 16 deg. 29 min. W. PLYMOUTH, THURSDAY.—Yesterday Commander H. T. Van Maldeghem, of his Netherland Majesty's steam frigate Merapt, with Commander A. Baron Collot d'Es cury, accompanied by Mr. John Luscombe, the Nether lands Consul at Plymouth, visited Port-Admiral Sir J. Ommanney, General Sir H. Murray, and other official personages connected with her Majesty's Government at this port. The Merapi was built at Rotterdam in 1842, and has made a previous voyage to Batavia, on returning from which, about two years since, she incurred considerable damage in a storm, and was in consequence thoroughly repaired and then laid up in ordinary. On the 14th of March last she was commissioned by Lieut. Maldeghem, and is bound to Batavia, where she will be under the orders of Admiral Hays. Including ten Marines she carries a complement of 125 bands. It is not the practice to measure for tonnage in the Netherlands navy, but the burden of the Merapi may be estimated at 1.000 tons; she is 52 Dutch yards in length, 12 in breadth, and 10 deep, and draws about 4.9 Dutch yards, which are 3 feet 21 inches English. Her armament, besides a few brass swivels fixed on the bulwarks, consists of eight guns, viz , four 30 pound carronades, and two long 30- pounders on the broadsides, abaft the mainmast, and two traversing 80-pounders on the bow and stern, where the bulwarks shift for practice. She is round sterned and barque-rigged, and her steering-wheel is fitted before the mizen mast, so as to leave her quarter-deck free for heavy metal. The engines of the Merapi are of the ordinary description, of 220- horse power, having cylindeers inclined to 30 degrees, supplied with spring pistols and nozzles; they were con structed by the Dutch Steamboat Company, at their foundry, Fyeneord, near Amsterdam; the paddle-wheels are 22 feet diameter, 7 feet 6 inches w id e , an d t h e pad dles 18 inches bro a . The frigate is provided with a launch, carrying a 30-pound carronade, a gig, captain's boat, officers' boat, and yawl. Her rate of speed under steam, against light contrary winds, is estimated at 9 knots; in a calm, 9i; under canvas, before the wind, 10 to 12 knots. The cleanly condition of the ship and orderly manner of the crew are highly creditable to the discipline observed by the commander and officers of the Merapi. WOOLWICH, JUNE 6.—The Birkenhead steam troop shp, Master Robert Salmond, passed through the Downs at nino o'clock A.M. yesterday, on her way to Ports mouth, where she will wait orders. The Megalra, 10, iron screw steam-frigate, will leave Sheerness to-morrow for Cork, to embark troops Lt the latter port for the Cape of Good Hope. The Desperate, 8, screw steam-sloop, of 400-horse power, having been made ready for sea at Sheerness,will leave in the early part of ^eat week for Devonport,where she will remain as an advanced war steamer, or for com mission. ROYAL MARINES. First-Lieutenant Richard King eleven, of the Wool wich division, has been appointed to be Captain at Ply mouth, vice Snowe, deceased. Captain Snowe was serving on board the Arethusa, 50, at Lisbon, at the time of his deeaase. Captain eleven's commission is dated the 29th of May, 1851, and he left Woolwich for Plymouth on June 2. Second-Lieutenant Richard Pentland Henry, serving on board the Leander, 50,at Lisbon, to be first-lieutenant, vice Clavoll, promoted. Lieutenant E. B. Snow, of the Woolwich division, has three months' leave of absence, from May 30. One sergeant, one corporal, and twelve privates, who left Woolwich to join the Prospero steamer, at Holy hew!, have returned to the head-quarters of their divi sion at Woolwich. Captain Berney Varlo was appointed, on the sth of June, to the Arethusa, 50, at Lisbon, in the room of Captain Snowe, deceased, and will embark in the packet which leaves Southampton to •morrow for Lisbon. First Lieutenant Frederick Augustus Percy Wood embarks at Deptford in the Sir Charles Forbes freight ship for a passage to Ascension. The band of the Woolwich division of Royal Ma rines have received instructions to atteud in the Victoria Park, Stratford, on the afternoons of Tuesday a nd _ Fri day, until further orders. They will play from three to fiva P.M..on those clays. The officers of the Woolwich division have lea one week to visit the Exhibition. Two-third w i v il e e of permitted to be away at one time, a n d no lea ve w ill b e granted after June 29, 1851. Viscount Melville, we hear, is seriously indisposed. The captain-superintendent of Deptford dockyard has ob tained leave of absence to visit his brother. LAW INTELLIGENCE, COURT OF QUEEN'S BENCH, June 6. (Sittings in Banco.) SLMB AND ANOTHER V. MAIIIIYAT. This was an action to recover damages from the de fendant for a loss incurred by the plaintiff's in preparing to publish the late Captain Marryat's tale of the "Adven tures of Monsieur Violet." The defendant, who was his son, had sold the copyright to the plaintiffs, when, just as they were about to:publish it in the " Parlour Library," they received an intimation from Mr. Bentley that it was his property, by b ale from Captain Marryat. They did not accuse the defendant of having made the sale except in entire ignorance of what his father had done, but they insisted that beyond the return of the purchase-money, which he was willing to give back, they were entitled to damages for the expenses they has incurred in preparing for the publication. The defen dant had put on the record pleas which raised the ques tions whether the contract between himself and the plaintiff amounted to a warranty that the copyright Was in him, and whether Mr. Bentley possessed such an equitable right to the work as justified the plaintiffs in desisting, upon his notice, from publishing .t. Mr. Hugh Hill was heard for the plaintiffs; and Mr. Sergeant Channel! for the defendant. Lord CAIVITBELL—i think that the plaintiffs are eeti tied to our judgment. We are not called on to inquire what might be the rights of the plaintiffs in the absence of an express warranty; on that point the law is perhaps in an unsatisfactory state. According to the decision of the Court of Exchequer in the case of " Morley v. At tenborough," wi t h the d octrine of wh i ch I ent i re l y agree, if a pawnbroker sells an article pledged with him he does not enter into a warranty of title. He nudes takes only that he has a right at that time to sell the property, the time of pledging having expired; and ho sells such right as the default of the pawner has vested in him. But, from the able view of the law taken by the Learned Judge who delivered the judgment of the Court in that case, many questions appear to remain open; for though the general doctrine of caveat emptor applies to the purchasers of personal property, still there aro many exceptions to its application. All goods sold in a shop, and under executory contracts, are stated to be excep tions to the rule. Here we have no necessity to dis cuss these questions, for in this case there is an ex press contract between the parties. The language of the letters leaves no doubt whatever that there was an express positive warranty of title in this case. That is found both in the correspondence and the receipt. If, after these letters, there had been a formal agreement, we must have looked to that alone; but there was none, and the letters themselves constitute the contract be tween the parties. Taking the correspondence and the receipt, we cannot doubt that the defendant, in ignorance of what his father had done, and without the smallest moral impropriety, but believing that the copyright was in him, did warrant that it was so, and warranted to the purchaser the title to that copyright. What was this correspondence? The defendant, in answer to a letter received from the plaintiffs, says:—" I shall be happy to agree with you respecting the copyright of the Adventures of Monsieur Violet.' " What is copy right? It is the exclusive right to multiply the copies of the work; and that was what his letter says he was willing to sell. Then comes another letter, in which the defendant says, " You formerly made me an offer of 50 guineas for the exclusive right of publishing in your Parlour Library,' for ten years,.Captain Marryat's work of • The Adventures of Monsieur Violet,' which offer I accept." Hero is an acknowledgment of a contract by which the defendant sells to the plaintiffs the exclusive right of publishing a w o rk o f his father's in a particular form. How could he do that unless he had the whole copyright in him self? If he had already sold part of the copyright he could not have sold the " execlusive right of publishing" in this manner, so that this was equivalent to affirming that he had not sold any part of the right, but had the whole of it in himself. He also says, " I possess but few of the copyrights of Captain Marryat's works, many of them having already been published in a cheap form. I will let you know in a few days those that belong to me." What is this but stating that what he did sell did belong to him? The offer was an cifer for the exclusive right of publishing for ten years, and that offer he ex pressly accepted. We find the same thing if we pass from the letters to the receipt. What are the words of that document? " Received from Messrs. Sims the sum of 50/. sterling, for permission to publish Captain Marryat's work, ' The Travels of Monsieur Violet,' so long as the copyright in that work exist; that right to be exclusively their own for ten years from this date." Is not the con tract there described broken by the plaintiffs not having the exclusive right? Here is a positive, direct, and express warranty, and we are therefore relieved from any con sideration of what may or may not be implied, and on the first issue:the judgment must be for the plaintiffs. Then, are the plaintiffs entitled to the verdict on the second and third issues? I think they are, for it is clear that Mr. Bentley had an equitable interest in the copyright of this work. The question has been mooted, whether wo can take notice of the doctrines of equity when they come incidentally before us. No doubt we can. With respect to the ecclesiastical law, the old prac tice was to move for leave for the Court to be addressed by u pair of doctors, but when they were heard they came, not as witnesses to speak to the ecclesiastical law as a fact, but as counsel to assist the judges with their arguments. It has been said that we know nothing of Parliamentary law and the law of privilege; but we must instruct ourselves upon it in the best way we can, by looking into " Hatsell" and other Parliamentary books, to qualify us for deciding upon it. So with re gard to equity, we are supposed to be acquainted with it, or to have the means of making ourselves acquainted with it. Now Ido not doubt that in this case the agree ment between Mr. Bentley. and Captain Marryat could have been enforced in equity, and lam therefore of opinion that the plaintiffs are entitled to our judgment on ail the issues. Tho other Judges concurred. Judgment for the plaintiffs. BAIL COURT, June 6. :sittings at Nisi Prius, before kr. Justice WIGRTMA.N and a Common Jury.) DELL V. FOWLER. This was an action brought by an attorney to recover the sum of 341. 7s. 61, being the amount of his bill of costs against the defendant, who was a gentleman that supplied casual information to some of the London news papers. It appeared that the plaintiff had acted as attorney to the defendant, and had commenced an action at his in stance against the publisher of the Daily News, for an alleged libel that had arisen out of a disagreement which the defendant had had with some of the morning newspapers in reference to a written charge obtained by him from the Bishop of London. The plaintiff refused to proceed with the action of libel unless the defendant paid him the costs out of his pocket, which he failed to do. The defendant, who appeared in person, stated that the plaintiff had undertaken to go on with tho action against the Daily News for the sum of 71. Of the whole sum claimed by the plaintiff, 271. was for the costs incur red in the action referred to. The jury found a verdict for the whole amount claimed by the plaintiff, subject to the taxation of the Master. POLICE INTELLIGENCE. CLERKENWELL. Madame Leonara Violante Valladier, surrendered to her bail, charged by M. Frarcois Caesar Valladier, of No. 12, Northumberland-street, Str an d, upon a char ge of bigamy. Mr. Lewis attended for the prosecution, and a Mr. Fisher for the defence. Mrs. Mary Frances Bobbit, No. 1, Bryan street, Cak denian-road, Islington, sworn, proved that she saw Mr. Frederick Weymouth that day in the neighbourhood alive and well. Mr. Fisher—Pay, what are you? Mrs. Bohbit—l am a lady. Are you married?—l am. Do you know the nature of an oath ?—I do. Do you know that you are liable to be indicted for false swearing if you don't speak the truth?—l do. He put other questions which were quite irrelevant, when ho was stopped by Mr. COMBE, who told him that he would not sutler the time of the Court to be wasted. Mr. Fisher—Pray have you not been on terms of in timacy with M. Valladier? Mrs. Bobbit (indignantly) —Never, I have seen the prisoner with M. Valladier. They lodged in my house, and she promised to pay me, which she has not done. Mr. Fisher—Pray how long have you been acquainted with Mr. Weymouth? Mrs. Bobbit—Five years. Fran9ois Cmsar Valladier deposed that he married the prisoner in the month of November, 1848. Mr. Fisher—Pray how long did you know her before your marriage with her? Mr. COMBE (to the witness)—You need net answer that question. Mr. Fisher—Pray how long did you live with her be fore you married with her? Mr. COMBE—You need not answer that question. Mr. Fisher—Did you live with her at all? Mr. COMBE—You need not answer that question. Mr. Fisher—Did you ever open any boxes of her's? Mr. COMBE—You need not answer that question? Mr. Fisher—Oh, then it is no good putting any snore r u q u e stions here, we had better lot th e matter d rop alto gether.—(A laugh.) Mrs. Charlotte Billington, of No. 2, Fair-street, Horse lydown, was present at the marriage between the prisoner and Mr. Frederick Weymouth, in March, 1845 . Mr. Fisher was about to question this witness, when Madame Valladier rose, and addressing e Mr. Combo, said—Sare, me don't wish that ntl eman to say any more for me. Me mush radars say g for myself. Mr. ComßE—Very well,then your self? Madame Valladier— y you will defend ef , 3, , Bare. Mr. Fisher (hesit at i ngly)- 1 Worship, I supp ose I need not st ay after that, you . t o Mr. COMB E (smilin ) y here any longer. Ho then walked fi g as informed, without know best about the reporter was without his fee. M. Valladier was re-examined—On making his ap pearance in the witness-box the prisoner, with consider able emotion, pointed at him and said: "He was the friend of my first husband; he took me from my first husband (pointing to Mr. WeyMouth, who was standing near the dock) (she here burst into tears and fell upon the seat). That man (looking ac the prosecutor) dined at our table arid he took me away." The prosecutor said she always represented herself to him as a single woman. She was fully committed to Nergate for trial. Mr. Weymouth here addressed the bench, and said he had a certificate in his possess ion of a marr iage which took place between the prisoner and a gentleman p r i or to her marriage with him (Mr. Weymouth), and she was no more his wife than M. Valladier's. Mr. COMBE said he could attend to nothing but evidence. W e exceedingly regret to state that Major- General Macdonald, C.B , of the Royal Artillery, brother of the late lamented Adjutant- General, is alarmingly ill at his residence in Londou,Dritish dimly Despatch. offensive to a number of Irish Members, ought to be disclaimed. Mr. REYNOLDS said that having moved that the Chairman leave the chair, and having been appealed to in mild and moderate language by the Prime Minister. it was his determination to yield to the request of tee Noble Lord; but when he stood up to express his deter mination he was met by shouts that drowned his voice, and was compelled to sit down. Immediately afxr werds the Hon. and Gallant Manber for Gloucester rose and addressed the Committee in a tone of voice the most scolding—(Laughter)—and in language the most violent and intemperate. But he must remind the Hon. and Gallant Member that though he (Mr. Reynolds) and his friends were in the minorities of 41 and 29 to ma jorities of 306 and 230, yet that they represented the opinions of 10,000,000 of people.—(oh, and laughter.) He must I u7ther remind the Honourable and Gallant Member that no matter how violent his language might be, or how excited - he might feel as a subordinate member of the Government, that he (Mr. Reynolds) and his friends were in a diffe rent position from him, and were defendidg their creed against agg - nesion.—(Hear, hear.) Though their oppo sition might render the official position of the Hen. and Gallant Member unsafe, he would not insinuate that the Hen. and Gallant Member was thinking, when he ad dressed the House. of his next quarter's salary.—(Loud cries of " Oh.") Though he might again prevent a vote on the motion by moving that the Chairman report pro gress, it was not his intention to do so, but having made that concession he trusted no further progress would be made with the Bill that night.—(oh.) Lord J. RUSSELL bad not understood the Honour able Member to express any intention of withdrawing the motion that the Chairman leave the chair. The Hon. and Gallant Member for Gloucester had spoken without any communication with him, and had addressed the Committee on his own responsibility. As the matter now stood, he thought it would be advisable to decide on the proviso, and not to proceed further that night with the Bill. The Committee then divided, when there appeared— For the proviso ... 130 Against it 166 Majority against the proviso ---36 Sir F. TIIESIGER gave notice that ho would bring the question of the recovery of the penalties by any per son, subject to the sanction of the Attorney-General, again under the consideration of the House upon the bringing up of the report. The CHAIRMAN then reported progress, and ob tained leave-to sit again on Friday se'nnight. A considerable number of the orders on the paper were then postponed until after the recess. HOME-MADE SPIRITS IN BOND. Lord NAAS moved that the House should go into Committee on the above Bill. The House went into Committee, Mr. BERNAL ill the chair. The CHANCELLOR of the EXCHEQUER moved that the chairman should leave the chair. He thought that would be the easiest way of at once opposinc , the Bill, against which he had received a largo number of complaints from English distillers. The Committee divided, when there appeared— Ayes ... 123 Noes ... 140 Majority against the Government —l7 The announcement of the numbers was received with loud cheering. The Bill then went through Committee and was ordered to be reported after the holidays. The CHANCELLOR of the EXCHEQUER said he would take the sense of the Housa on every future stsge of the hear.) The remaining orders of the day were then disposed of, and the House adjourned at Half-past Two o'clock, to Thursday next. Mr. J. B. Smith paired in favour of Lord Naas with Mr. C. Villiers against. THE CAPE OF GOOD HOPE. PORTSMOIITII, FRIDAY MORNING.—By the Prince of Wales Indiaman, Captain Hopkins, which passed the Wight in the night, and sent in passengers to this port this morning, wo have news from Table-bay, Cape of Good Hope, to the Bth of April, one day later than the advic©s published yesterday. The steamer with the troops from England had not arrived out or baen spoken with. Her Majesty's ship Sampson had proceeded from St. Helena with troops from that island, and also the Go vernor. Sir Harry Smith had issued an order for a further levy of 700 burghers, to be raised at a cost of 2,0001. Her Majesty's steamers Dee and Hermes were still plying taking troops and levies to the mouth of the Buf falo. Lady Smith was about to follow Sir Harry to Graham's Town. The Kafirs were gaining strength. COURT CIRCULAR. WINDSOR, FRIDAY. Her Majesty the Queen and his Royal Highness Prince Albert, with the Prince of Wales and Prince Alfred, accompanied by their Royal Highnesses the Duke and Duchess of Saxe Coburg Gotha and Duke Ernest of Wurtemberg, left the Castle at eleven o'clock this morn ing for Etou College. In attendance on the Queen and Royal circle were the Marquis of Breadalbane. the Mar quis of Abercern, Baroness de Wangenheim, Lord Duf terin, Sir Frederick Stovin, General Wemyss, Colonel Bouverie, Mr. Birch, and M. B. do Treskow. Her Majesty and Prince Albert, and the Royal party, ..t mon College till one o'clock. and then re turned to the Castle. The Earl and Countess of Besborough, Viscount and Viscountess Cranley, and the Hon. and Rev. Henry and Lady Anna Maria Cost, and the two Misses Oust, had the honour of joining the Queen's evening party at Windsor Castle yesterday (Thursday). The Duke of Wellington, the Duke of Norfolk, the Duke of Rutland, and the numerous c ircle of visitor s , took their departure from the Castle this forenoon. Her Majesty and Prince Albert, with the Prince of Wales, th 3 Princess Royal, Prince Alfred, the Princesses Alice, Helena, and Louisa, and Prince Arthur, accom panied by their Royal Highnesses the Duke and Duchess of Saxo Coburg Gotha and Duke Ernest of Wurtem berg, and attended by the Countess of Olaarleroont, Lady Caroline Barrington, Hon. Matilda Paget, Hon. Mary Seymour, Lord DufTerin, Sir Frederick Stovin, General Weroyss, Colonel Bouverie, and Mr. Birch, Baroness de Wangenhei m and M. de Treskow bei ng in attendance on the Dake and Duchess of Saxe Coburg Gotha, left the Castle at two minutes before five o'clock this after noon, and proceeded with the Royal - suite, in seven car riages, to the Great Western Railway Station, where a guard of honour of the Grenadier Guards was on duty. A special train conveyed the Royal party to town. The Queen and Prince Albert, accompanied by the Duke and Duchess of Saxe Coburg Gotha, Duke Ernest of I,Vurtemberg. and the Royal Family, and attended by the Ladies and Gentlemen in Waiting, arrived at Buckingham Palace at four minutes before six o'clock yeaerday afternoon, escorted by a detachment of Lancers, from the Paddington terminus of the Great Western Railway, the Royal party occupying seven of the Queen's carriates. Her Majesty and Prince Albert, and their illustrious visitors, were received on their alighting at the Palace by tho Master of tho Horse, the Lord Steward, the Lord Chamberlain, the Groom of the Stole to the Prince; the Vice - Chamberlain, the Master of the Household, and Colonel Wylde, Groom in Wait ing to the Prince. Hcr Majesty and his Royal Highness Prince Albert, accompanied by their Royal Highnerses the Duke and Duchess of Sax° Coburg Gotha, and Duke Ernest of Wurtemberg, honoured the performance of the French Plays with their presence last evening. In attendance on the Queen and Prince and Royal visitors were the Countess of Charlemont, and the Maid of Honour in Waiting, and also Lord Dufferin, General Wemyss, Col. Bouverie, Baroness de Wall genhei; and Al. B. de Treskow• His Serene Highness the Prince of Leinengen arrived In town yesterday from the residence of her Royal High ness the Duchess of Kent, Fregmore,. near Windsor. His Serene Highness visited Her Majesty's Theatre last evening. A Cabinet Council was held yesterday afternoon at the Foreign-office, Downing-itreet, at which Lord John Russell, the Marquis o f Lansdowne, Sir George Grey, Viscount Palmerston, Earl Grey, the Chancellor of the Exchequer, the Right Hon. Henry Labouchere, and other Ministers, attended. The Council sat about two hours. A deputation from the Royal Flax Improvement Sa eiety of Ireland hid an interview with the Chancellor of the Exchequer yesterday, at his official residence in Downing.strea. The deputation consisted of Mr. Tennant, M.P. Mr. Marshall, M.P. , .Lard A. E. Hill, M.P., Colonel itawdon, M.P., Mr... Crawford, M.P., Hon. T. Vesey Dawson, M.P., Sir A.B. Brooke, Bart., M.P., Viscount Bernard, M.i'., Mr. Conolly, M.P., Mr. O'Flaherty, M.P., Mr. M‘Cullagh,Mr.M. J. O'Connell, M.P., Mr. Corbally, M.P.. Mr. Greene M.P., Colonel Dunne, M.P., Dr. Power, UL'., Mr. lierbert, M.P., Mr. a A. Hamilton, M.P., Viscount Jocelyn, M.P.,Mr. Sadlier, M.P., Mr. Scully , MMr. O'Brien, M.P., Mr. Tenison, M.P., Mr. Monsellild.p., Mr. Grace, M.P., Mr. J. S. Crawford, Mr. Hancock, Dr. M'Kibbin, and Mr. Macadam. Mr. Whyte Melville had an intervier• yesterday with Sir George Grey, at the Home-office. , The Rector of Liverpool, Chairman of the Select Vestry, accompanied by Mr. Cardwell, -Mx., had an in terview with the Right lion. H. Labonehere yesterday, at the Board of Trade. Mr. Grenville Berkeley, M.P., and Mr. G. E. Wil liams, a deputation from Cheltenham, had an interview with the General Board of Health yesterday, at their dice, Whitehall. Dispatches were received yesterday~ at the Colonial- Aar, from the Governor of Van Diemen's Land. Dis paches were sent off yesterday, from the Colonial nice, to the Governors of the Canadas and the Governors o the other North American Colon'es. THE NEW ACT TO REGULATE • THE SALE or AZS ENIC. —Yesterday the new Act to regulate the sale of asenic, which received the royal assent' on Thursday, was pinted. There are six clauses and a schfdule in the new I:w. The preamble declares that the unrestricted sale of asenic facilitates the commission of crime, and the statute ants that on the sale of arsenic the particulars of sale are t be entered in a book by the seller in the form set out in he schedule, containing the date of sale, the name and sur tune of the purchaser, his place ofabodoand occupation, the Gaantity sold, and the purpose for which it was required. 'he name of a witness and the seller's name when a witness ito be present. No arsenic is to be sold to any person un 'flown unless in the presence of a witness, and arsenic is not obe sold except to a person of full age. It must be co cured, or if it would be unfit to the person, then not more han 10Ib. are to be sold. For offending against the Act a )enalty of not more than 201. by justices is to be imposed. ['he Act is not to prevent the sale of arsenic in medicine ender a medical prescription. The term arsenic is to include II arsenious compounds. It should be known that the Act sine into force on Thursday last, when it'reeeived the royal scent, "‘. •,•„; DREADFUL RAIL WAY ACCIDEN T ON THE BRIGHTON RAILWAY. BRIGHTON, FRIDAY, JUNE 6.—A dreadful accident t eir e74, 1 1,•:, , ,,a , happened this morning on the line of railway betweenrel Brighton and Lewes, by which the lives of four persons ease. r,ef . were sacrificed, and a fifth is not expect dto survive. \-:./-.;,.**: 4 'n e The names of the deceased are Mrs. Chatfield, about sixty years of nee; her daughter, thirty ye rs of age (persons in the middle rank of life—Mrs. Chatfield has a son who carats on the busirees of a baker in Bond street, Brighton); George Chase, the stoker; and a Young man. name unknown, whose linen is marked " Lawrence." It appears that the train which aset with the acci dent was a short train from Brighton to Lewes, leaving Brighton at five minutes past twelve, and consisted of the engine and tender, a first-class carriage, a scond class carriage, and third-class carriage, that two per sons were book e d f or the first-class, three for the second, and tour for the third ; three out of the fonr in the third class carriage were killed, and the other persons in the train comprised the engine-driver, the stoker, and the guard, whose name isE.srl'. The distance between Brighton and Lewes is eight miles, and half-way between the two towns is a tunnel called Falmer tunnel, which is about 100 yards in length. On either tide this tunnel the railroad is en the declivity for at least two miles; in short, the declivity is so great that it hss induced the direetcra (lithe railway campauy to place boards on eac h s id e, on which areitter' in structions for the drivers not to proceed more than twenty miles an hour, apprehending danger from an in creased velocity and from the curves with which the rail abounds on the Lewes side of the tatnnel. This pre caution has always been t a k en b y the public as a ve ry proper one. A coroner's inquest will be held on the bodies of the unfortunate deceased this day, when the facts con nected with this melancholy event will be thoroughly in vestigate:'. The train stopped at the Falmer station, which is two miles from the spot where the accident happened, and was proceeding down the declivity without steam. The guard of the train, accompanied by one of the labourers, proceeded to the spot where the engine turned off the line, immediately after the occurrence, and there found a sleeper partially over the rails, with one end crushed and splintered, showing evidently that the wheels of the engine had passed over it. It is right to add, that a report was current, which would exempt the engine-driver from blame as far as speed was concerned, and that was, that a sleeper had been placed upon the rails, which threw the train off the line. Then, again, we have it from informa tion collected on the spot, that the tender preceded the engine, and that a sleeper on the line would naturally enough throw tho tender off the line; whereas,if the engine had been first, the accident would not have happened. It seems feasible that the tender was first, from the po sition in which it was observed after the accident, it being some eight or ten feet in advance of the engine. With regard to a sleeper being placed across the road, we have no very authentic information; the only reason for arriving at such a supposition is, that a railway la bourer saw three sleepers on the side of the rail shortly before the accident, but after the accident he saw only two. He states that he was at work on the line within 100 yards of the accident, and heard a crash. He ran to the spot, and the guard called to him to make haste. On arriving there he saw the smash. The spot where the accident took place is within a couple of miles of Lewes, over an embankment about thirty feet deep. The engine appears to have been o ff the line about fifty yards from whore the catastrophe happened. It did not tear up the rails to any very great extent, but it carried away the brickwork over the bridge and fell to the road below, carrying with it the tender, a second-class carriage, and a third-class carriage. Three of the third-class passen gers, Mrs. Chatfield and her daughter, the young man Lawrence—if his name is Lawrence—were thrown out and killed on the spot, but what became of the fourth third-class passenger we have not been able to learn. The unfortunate stoker was jammed between the engine and a brick wall below, and was completely smashed. Upwards of an hour had elapsed before the parties in at tendance could extricate the poor fellow, whose face pre sented a shocking sight. He was the son of a servant of the Brighton Railway Company, who was killed some 16 or 18 months ago at New-cross, and his widowed mother is now holding a situation at the Brighton terminus. Tho news of this distressing event was an additional shock to her already shattered nerves. Mrs. Chatfield and her daughter were thrown out and killed on the spot, but presented no appearance of mutilation; neither did the person who is at present unknown. Superintendent Flannigan, of the East Sussex constabulary, described to our correspondent that the linen of the deceased was marked "5. 49. A. Lawrence," and that he was dressed in a black frock coat, plaid waistcoat, dark paletot, drab trousers with a broad stripe, Wellington boots, a watch and some money in his pocket, and a third-class ticket to take from Brighton to Lewes. All the four bodies were, by direction of Superintendent Flanagan, taken to the Black Horse Inn at Lewes to await the coroner's inquest. The engineer, Jackson, is so much injured that his life is despaired of. Just as our report was dispatched it was ascertained that the unfortunate man who had been removed to the Sussex County Hospital, had, with the advice of the medical officars of that establishment, con sented to have both his logs off. As soon as the accident became known at Brighton, a special train was dispatched to the spot, containing Mr. Laing, the chairman of the railway, Captain M‘lienzio Shaw, principal superintendent at Brighton, and one or two of the railway officials, who made the strictest in quiry into the particulars of the accident, and gave the necessary instructions to get the line clear as quick as possible for the ordinary trains, and it was really sur prising that a frightful accident like that which we have just recorded should not have broken up the rails more than it did. Chase, the unfortunate stoker, is a single man; Jack son, we believe, is married, but has no family. The report that the train had been thrown off through the instrumentality of some wicked person induced the authorities of Brighton to visit the spot. Mr. Chase the chief officer of the Brighton police, Mr. White, his principal superintendent, Mr. M'Rae, the inspecting officer of the railway, were all on the spot endeavouring to find out if the accident had been occa sioned by the malignant act of any individual; but, up to the time this account left Brighton, no clue of a sa tisfactory character to such a proceeding had been as certained; and the deep injuries received by the driver, who is not able to state how it happened, involves the circumstances in mystery. The Brighton line has the credit—and net without truth—of being one of the best conducted lines in the kingdom, and has been more free from accidents than almost any line ; end it is quite evident that the in quiry which must inevitably follow will exonerate the directors from any blame in this unfortunate matter. At present it seems to have resulted rather from some act oa the part of a miscreant, or from incautiousness. RAILWAY RETURNS TRAFFIC RETU:NS FOR THE PAST WEEK• e J ia Donn* • • - • : •• : : : • : Miles Receipts. NAME OF RAILWAY. . opened, ---------- 1851. 1850. 1851. - .: . ...... . ••• _ £1,245 £1,574 r. 8 .. 11 . 1 . T . 1511 . 535 691 37.5 i Belfast e a n . 221 '276 re, and Cheshire 1,250 1,4 44 3 1 3 7 Ile r l2.lt e n a d: "B i l a u n i n ea y 27 Bolton, Blackburn, and West York .. .. 453 729 85% Bristol and Exeter • .. • 4,530 4,476 160 Caledonlan...• • • •• • • •• • • • .• • . • • • 6,339 6,418 941,' Chester and liolyhead... - .... - .... 2,810 2,743 49 Dublin and Belfast Junction ........ 230 597 53 Dublin and Dro g heda...... •••• • _ .. 87 ° J4l 6 Dublin and Kingstown ...... •• • • • • 1,374 1,,17 16 % Dundee and Arbroath ...... .. 438 .532 31 Dundee, Perth, and AberdeenJunetion 592 , 6, 3 19 Dundalk and Enniskillen •...... . . • • • 128 146 67% East Anglian.... _ .......... 712 79 East Lancashire •••• _ _ „, „..... „. ~ 615 3n Eastern Counties and Norfolk.... • • 16 ',189 3,911 , a i nt r G th l , as a g n o d w p . . u . I; d e ._ e : •••• • • 95 Eastern Union . . .. .. . •• • • -,O U 9 14,750 2,331 2,130 116% gi :l 1 11 illa,nia Paisley, i S a c y o y u , t • a l i • n - I • d V 4,234 3,950 ••• 2,370 2,258 estern....:: :•• 3,381 4,069 Orthern and E Greenock••••• 421 535 GGGlrraseca ag i o S wN outhern and W estet;(lr • e • l;nd) 4,219 4,095 21823862%8 .... 1,133 Lit 6 2 2 :6 6 009 2% , GLeLLaarrieciiadectsazasarilhirtVer,eiesTtaaelhirfidliciiscyk.aro.ll ksi 5.Lhiw.:e.......:............ .. .. .... 1 4 63 ; 0 7 1 3 09 5 25 1 1 0 ; 5 27 1 58 4 21 177181114 GE'EI Furnessditlisugbbouur 12 Liverpool, Crosby, an .. d .• So uth po ri :: :: 618 m London and Xerth Western 13,775 15,404 968 978 230 420 173% London, cluw‘ • • •• •• •• •• •• - 46,841 53,035 51 London and Bla 1 075 1,3 85 239 London _Brighton, and South Coast 15,16 1 11,637 12,876 167% Manchester; and South Western.. .... 15 Londonderry ' 10,008 121 166 „ 14 manches. and Enniskillen ..... 134 164 s ß h u e x iE to e n, , and andim M t atl eno o ins ck, hi S: r c e . 05 567 5,549 6,600 9% Manchester ' and South la J 28 Maryport and C lisle •• 'lnc o • - • - 566 618 4961 A midl and Carlisle ••••• - - • • - 20,894 20,893 •••• ..... ••••••••••• . 50 Midland Great Western (Irish) •• •• •• 4' 3 , 3 33 , 2 1 ' 3 , 7 19 , 60 Newcastle and Carlisle.. •••••• •• • • • • Z 2 - 9 - - 3 - : 4 - 2 . i 146 North British .......... .. .. ..... 222 North Stallordshirs . 47 North-Western ••.•••••••• • • • • • • • •• - 470 ....... 45 Scottish Central .... 32 Scottish Midland ••• • • ...... •••• • •• ^49 632 1 47 Shrewsbury and Ches ter •• •••• •• •• • • 5 36 1,521 30 Shropshire Union •• • • ••• • • ..... •• •• 472 58 South Devon •••••• • • • • . t; 261 South Eastern •• •• ..... ••••••• • • • • .. 11,736 1 3,780 75 South Wales ••••••••"" • • •• • • • • - - 1,020 69 South York., Doncaster, and Goole .. 1,187 1,225 40 Taff Vale - ..... •• ••••••••• • • • • • • • • • 2 ,417 2,429 774 1 3 West Cornwall ••• • • • 275 229 ............ 12 Whitehaven Junction ••• .„ ...... •••• , a 25 Waterford and Limer i ck . • .......... 8 3 201 103 293 York and Newcastle, and Berwi c k . 25 6 York and North Midland .•••• • • • • 6,996 7. 081 14,473 13,967 FOREIGN. •• 76% Amiens and 80u10gne...... 63 Montercau :ad Troyea ~• •••••• • • ' • • - 9 0 44 Dieppe .... .• • • ........ ......... 1 , 349 1,570 920 33 6 Northern of France .. •••••• • • • • • • 4s 17.848 143 Orleans to Bourges (Cent.) ••••' • • • " 17 . 5 - - 3,023 72 ~537 ..,,--- 72 Orleans to Bordeaux • • • .. 2 , , 33 3,151 82 Paris and Orleans .• •••• • • .• • • - • • 7,796 85 Paris and Roue% .• .• ••••• " • • " • 7.' 3 j 5,85.2 59% Rouen and Ilay . re • ::: .. .. .. • • - :::::::: 1 5 2:5 9 0 7 4 3 5973 HUNGARIAN REFUGEES.-SOUTHAMPTON, FRIT AT, JUNE G.--About ninety Hungarian refugees arrived he yesterday, in the Peninsular and Oriental Steam Navigation Company's ship Sultan, from Constantinople. This morning Mr. Rich ar d A n d rews (the mayor) received a telegraphic dispatch from Lo r d D u dley Stuart, informing him (in answer to his appli ca ti on on th e su bject) that Lord John R usse ll h a d informed his Lordship that the of Government tieninet would defray s the expense of the passage -money waiting for arrangements to be to New York, and of their subsistence during t ' he time g they may remain in Southampton, made for their rADVERTISEDIENT. . j—Tlin EARL OF ALDBOROMIII passage to the United States. . kn astounding cure by this miraculous AND 11oLLOwA1' 8 l o L tlier means had failed. See extract from his dated . " Villa Messina, Leghorn, Feb. '2l, 1845. ua Lo c r a dsli icin iPs Professor Hollo , I be;, to acquaint you that your pills has a of. way —o.r • ~ order in my liver and stomach which all the most a r letter, tere every e P ry i fected a cure of a disorder faculty,. nay, not and all over the continent, had not , n not even the waters of Carlsbad or Ma- These wonderful pills will rienbad. (Signe 1 any di ,ease of the liver or stomach.—Sold (also Holloway's our° t) at Professor Holloway's Establishment, 244, ftruld. and e b mi een ne a n b t le of t t o he ar .„ Ay mog ou Gg .v, Oilltintll • vendors uuQuiibot th ecivilial world, ail t ac4lolllo DY '3•/ ~~~