The Sun. — London, England, 1853-02-15 00:00:00

... spec atione quo velint evadendi protinus circa ima sub- I stiterint." (Hear, hear.) The noble lord moved the first reading of the bill. L -ird ST. LEONARDS spoke so indistinctly at first that no p effect sentence reached the gallery. The noble lord was i. udistinctly heard throughout. He was understood to say there had been no time, since the noble and learned lord (th,e Lord Chancellor) had held the seals, to prepare an y f ur ther measures of law reform. His noble not and learned friend had. stated the reasons why he had thought necessary to propose any reform in the courts of common He took it for granted he would come law or Chan cer y . to that conclusion, because it was obviously altogether un wise to attempt to touch th o se courts until they saw what bad been and would b reform th which Parliament hade operation of the great and ex tensive measures of e recently passed. (Hear.) His noble and learned friend had touched on a question very difficult and not very B,ff US to touch upon — a question on reports not yet ' Lava : e a - d o . ° He would excuse Kira for saying it might im pressh comm issioners, whose report was not made, with opinion ex pressed in their lordship's house, alth oug h tho ote he kne w his noble friend had no such object. R e f err i ng to one question before one commission with regard to the fusion of law and equity—which he (Lord St. Leonards) would rather call the confusion of law and equity—his noble and learned friend seemed to have misconceived the difference of proceedings upon contracts in courts of law ard equity. A common law court had no jurisdiction in what was called specific performance. The matter lay in a small compass. In law, if you entered into a contract, it mattered not whether for goods or real estate, yon were bound to perform it, and if you did not an action might be maintained against you, and damages would be given according to the extent of the loss incurred by the non-performance of the contract. The law gave in cases of real and personal estate precisely the same relief. The contract was treated in a court of common law as broken, if refusal or neglect to perform it was proved to have been made, and damages were awarded in proportion to the injury sustained. In a court of equity the contract was treated as subsisting. The court regarded the person contracting to purchase an estate as the actual owner from the moment of the bargain, and if the answer was that time had not been given to make out the title, the court granted time for the purpose, but had power to enforce s pecificperformance. That powerwasnotpossessedby a court of common law, and hence the difference of the two reme dies upon any contract, whether for the sale of land or goods. It would be necessary, for this purpose, to give the court of law the same machinery and the same officers as the Court of Chancery; whereas the Court of Chancery had the ma chinery and the officers already, so that to multiply them would produce no other result than a clashing and imper fect jurisdiction. In the bill he had himseif lately intro duced with reference to the Court of Chancery, he at tempted to introduce a clause to enable courts of law, in cases where the man wa s entitled to the equitable estate, but not to the legal estate, to prevent the necessity of nonsuiting, or giving a verdict against him, merely because he hap pened not to have the legal estate. This he proposed to do by enabling the courts of law to send the case to a court of equity, to know whether the party was really entitled to the beneficial interest. But, so far from this being adopted as a first step towards improvement, it was struck out of the bill altogether. It did not seem, therefore, as if there was any great dispositions on the part of the legislature to adopt what was popularly called the fusion of law and equity—a fusion which he was perfectly satisfied could never be ac complished. With regard to the subject of divorces, he had great satisfaction in congratulating his noble and learned friend in having brought this important subject under the consideration of Parliament. (Hear, hear.) The next subject to which he should refer, related to the question of testaments. The late Government had had this subject under their consideration. They had issued a renewed commission, under which they added other learned persons to those who were already directing their attention to this question, and he regretted to hear that his noble and learned friend found fault with the terms of the reference. He himself thought the terms perfectly sufficient to enable and to authorise the commissioners to state, not merely the mischiefs which they found to exist, but the remedies for them • however, if his noble and learned friend meant to say that there was the slightest difficulty in the commis sioners arriving at a proper conclusion on these points or any of them, he had only to give them further instruc tions. With the law of testaments there must also come under full consideration the question of the ecclesiastical courts. (Hear.) But, whilst sweeping away that which had long existed, care must be taken not to destroy with out consideration that which was the foundation of the livelihoods of many persons. (Hear.) As far as he under stood his noble and learned friend's " bill of fare," if he might be permitted to use such a phrase without offence, there was to be a registry, a revival of the charity com missions, and a consolidation of the statute law, He was not opposed to legislation on those subjects, as far as it could be properly resorted to. With respect to the regis tration of titles, the bill of 1851 for that purpose would have saved enormous expense, and in respect to real estate, it would have proved a great boon ; and having this opi nion, he was entitled to say that he was friendly to regis tration as far as it had gone. But the great object of those who now desired legislation upon this subject, was one incapable of being carried into execution under exist ing circumstances, a s s noble and learned friend had justly said. They wanted to make land transferable precisely as railway shares or Government stock. But there was more than this. In the first place these persons mean to strike at the whole law of property, by which owners had now full disposing power over it. It was the law of England at present that there was no property, small or great, which could be kept extra-commercial ; so as to speak ; there was no portion of property, whether of a large or small estate, in respect to which a man might not go into the open market and buy whatever he desired to possess. Such was the case now. But what many persons wanted by registra tion was not so distinctly to reduce the transfer of land ; they wanted rather to stop all disposition of land for the , purposes of family enjoyment and the support of such dig nities as their lordships possessed. (Hear, hear.) It was obvious that this at once introduced into the discussion a most important social and constitutional question, for it was ridiculous to speak of this subject as relating only to the transfer of land, involving as it did other questions upon which the happiness and the existence of many per sons in the country depended. These were questions to be dealt with lightly ; and he was sure his noble and learned friend would see that they were entitled to the deepest consideration. On the general question he would at once assert that no man could prove to their lordships that a general registry would either shorten conveyances by a single line, oradd to the relief of the land. The registry would not add to the deed, nor would it lessen it. If a man's land was registered, he must still have an abstract of his title deeds ; and if he wanted to sell, the abstract would be submitted to a learned counsel just as it was now, whilst no man could make up his mind as to the title with out having the deed itself before him. He contended fur ther, that there were serious objections to registration founded upon the doctrines of notice to mortgagees, and that under certain circumstances a court of equity would support the title of a mortgagee against the purchaser. There was to be upon the register a title in fee simple ; but a man would make a settlement of his estate without the settlement being upon the register, so that one person might appear upon the register as owner, though he was not. If their lordships wished to produce confusion in the law of England, and misery in families by means of settlements, let them adopt this proposition. But his noble and learned friend said that if a person claimed under a settlement w - aich was kept from the register you could go to a court of equity and get an injunction. With great respect to his noble and learned friend, he hardly thought that this course was seriously recommended. If the indi vidual attempted to sell; why should not the settlement be put up.n the register? This would at once prevent hi from selling, and at the same time give a title to those upon whom he had settled the estate. Such were a few of the difficulties which he ventured to suggest ; and he thought it would be admitted they were not to be dealt with lightly. It was certain that such a measure as was proposed by his noble and learned friend would be opposed in many quarters, and he could not avoid expressing his regret that it had been b roug ht f orwar d ; for, as he should be prepared to show at the proper time, the damage it would do would be greater than its benefits. The expense of it, too, would be certain, and who was to bear it ? The landed gentlemen of England. But could their lordships believe that the landed gentlemen of England were so easy to be worked upon that they would adopt the measure, and put themselves at such a vast expense for a very pro blematical benefit, at a moment when they felt they were suffering from the state of the law? (Hear.) With regard to the subject of charities, to which his noble and learned friend had next made reference, he had nothing to say. The last matter to which reference had been made was the subject of the statute law. At the present moment their lordships were starting on the experiment of digesting a portion of the law—namely, the criminal law. That limited portion had been referred to very learned com missioners, who had made many reports. Eight blue books, he believed, had been the result of their labours, when, at the suggestion of a noble and learned friend of his not now present (Lord Brougham), the late Go vernment consented again to take up the subject. The examination of the criminal law alone, before the late Government took it up, had cost the country upwards of 40,0001., and there must have been some additional expense since. Having had his attention directed to the subject, he apprehended it .would be found that this of itself was a very considerable task. His noble and learned friend had spoken of the style of our acts of Par liament. If he understoed him rightly, his noble and learned friend proposed to simplify the style and to correct the iangnage of the statute law, so as to make it so plain that "he wh o runs may read. " His noble and learned friend was embarking upon a measure which alone was sufficient to Occupy a long life ; and if he was proposing to himself the completion of the work, he (Lord St. Leo nards, hoped most sincerely that nothing might occur to interrupt his labours. The difficulty of the work might b e e stimated by taking some particular statue. The lan guage o f it might be exceedingly tautologicel, and it might not be grammatical; but it might have received a parti cular construction from having been the subject of discus sion in courts of law, though there might be a different opinion in the profession as to its actual meaning. The moment you attempted to simplify the style and correct the language you opened the doors to the courts of law, in order to ascertain what meaning the new phraseology was to have.. So it would be with other acts. R e was there fore of opinion that no living man was competent to the work which the speech of his noble and learned friend seemed to him to imply. No living man was, he repeated, in his opinion, competent to digest the statute law of thi s country in such a manner as not to lead to a great deal of litigation. As to acts of an annual or a temponary nature, if you did not disturb them they would not disturb you. At the same time it was quite possible for improvenients to be made. In the present state of our legislation, for instance, no measure was ever brought forward on any special subject without the whole of the preceding acts upon the same subject being recited, and sometimes re enacted in a cons o lid a ted form. This was a beneficial practice, which he hoped would be continued ; and as re garded the work of digesting the statutes, he conceived that, it would be only practicable to do what had been done in respect to consolidation, for the moment you altered a statute, from that moment you made a new law, with all its contingencies. The expense, too, was a matter well worthy of consideration. If it had cost 40,0001. to produce the reports of the commissioners for consolidating the criminal law, he left the house to consider what was likely to be the expense of a digest of the whole statute w. Ne doubt, as his noble and learned friend had inti mated, competent persons might be found to execute this great work; but after that it would have to be done by Parliament again, for he ventured t o thi n k th a t ne ith er their lordship.; nor the other house would take it quite upon trust. When the digest was prepared his noble and learned friend - would have to assist in carrying it out. In xospect to the criminal law he had himself certainly given THE SUN, LONDON, TUESDAY EVENING, FEBRUARY 15, 1853. way, but he desired to see how the change worked be2ore he consented to proceed further, and so he took the liberty of recommending their lordships. With these observations he should conclude. He had been taken somewhat by surprise by some of his noble and learned friend's observa tions, but when the measures he proposed had been printed he should be prepared to give them full and candid consid eration. (Hear, hear.) Lord CAMPBELL had listened with great satisfaction to the able and lucid statement of his noble and learned friend upon the woolsack ; and he must say that he highly approved of the course he had taken, both as to what he had abstained from entering upon, and what he proposed. Yet he thought his noble and learned friend would have acted a little more judiciously if he had not alluded to what was called the " fusion of law and equity"—to the desire that there should be universal jurisdiction over all causes, enjoyed by all courts, and by every judge in every court. Such a course could only lead to confu sion. If this were a small state, where one court could administer justice to all the subjects or citizens in the state, it might be proper that that court should have universal jurisdiction; but in any state where two courts were required, the subdivision of labour ought to prevail. In ancient times, when this country was under the Norman system, we had the aula regis, which had jurisdiction over every subject. But the court found the disadvantage of it, and they subdivided themselves into the Court of Chancery, the Court of Queen's Bench, the Court of Ex chequer, and the Court of Common Pleas. Yet now it was proposed that we should return to the system which pre vailed in the barbarous times of William Rufus. He hoped this would never be the case. At the-same time, he felt most strongly the importance of the principle laid down by his noble and learned friend upon the woolsack, that one court ought finally to decide every cause brought before it. For this purpose, and for this purpose only, there ought to be what was called a fusion of law and equity. Each tri bunal ought to be invested with powers to decide finally every controversy which came before it ; for to drive suit ore first to a court of equity and then to a court of law, could only tend to delay and to ruinous expense. (Hear.) The common law judges, he thought, having the great benefit of the most learned works which his noble and learned friend opposite (Lord St. Leonards) had given to the world, and his valuable decisions before them, could perfectly well decide the question which he had sug gested, whether there should be a specific performance of an agreement to purchase land. He did not see why an action should not be brought in a superior court of common law or equity, to compel specific performance, and if that were not complete, why the complainant should not have damages for breach of contract. At present a party went into the equity courts, and it might be he could not have specific performance because there was some difficulty ; after in finite delay, an action was brought in the Court of Queen's Bench, and he there tried to recover damages. But one investigation ought to have settled the whole question, and then one great step towards justice would have been done. If the vendor was not entitled he would be liable to damages ; if he pretended he had a title, and thereby caused loss to the purchaser, he would be undoubtedly liable to damages for breach of contract ; and one event ought to settle the matter. With regard to injunctions, why should not the courts of common law have the same powers as the equity courts ? Why not with respect to copyright ? Why not as to nuisances? In all such cases he thought the equitable jurisdiction, as it was called, of the courts of common law would be useful. Formerly these courts of law and equity were entirely distinct, because the Court of Chancery assumed the power not only of dispensing law, but of making law. It was the legislature of the country. The Lord Chancellor decided of his own motion what was equitable against the common law. But those times were past, and now the courts of equity were governed by fixed rules just as were the courts of common law. Here then was another reason why the courts of common law should have the same powers as the courts of equity in all the cases which were brought before them. His noble and learned friend would look with great caution upon any pro posal for dealing with that topic. Undoubtedly there were many cases brought before the common law courts for which juries were not fitted to decide—such as complicated matters of account; and he trusted before long such cases would be referred at once to some legal functionary who would go over the papers and decide economically. But in actions for libel, or defamation by words, or for personal wrongs, and for commercial questions involving facts as well as law, trial by jury was the best tribunal that had ever been invented, and he hoped it would continue. For his own part, speaking from his experience as a judge, he thought juries were much more likely to arrive at a just conclusion upon conflicting evidence than all the 15 judges ; and he should lament the day when they were deprived of such assistance. (Hear.) The jury assisted the judge; and a judge without the assistance of a jury would in a very unsatisfactory manner dispose of mixed questions of mat ters of fact and law. (Hear, hear.) As to the law of divorce, he need not remind their lordships that a commis sion had been appointed some time ago, of which he had had the honour to be placed at the head. The oommis sioners had been labouring most assiduously at grappling with the subject, and they soon came to a conclusion that the present mode of legislation in such cases was one very much to be regretted. On this subject they had come to an unanimous conclusion, and they should soon have the honour of presenting their report. Their labours had to a certain extent been interrupted by the Administration of the noble earl opposite (the Earl of Derby) because he had taken from the commission one of its most efficient mem bers—he meant the late Home Secretary (Mr. Walpole), who was a most admirable lawyer. (Hear.) That right hon, gentleman had been of great assistance in the early part of the labours of the commission. The course of events having restored him to the commission, he had attended its meetings, and the commis s ioners had greatly benefited by his assistance. (Hear, hear.) As to registration, he regretted that it met with the opposition of the noble and learned lord opposite, of whose abilities as a lawyer he had a most sincere admiration, and whose opinion was entitled to the greatest weight. His noble friend had correctly stated that when he (Lord Campbell was Solicitor-General, Earl Grey had informed him that, in the then state of the public mind on the subject, it would not be expedient to bring forward any mea sure for the registration of deeds. Public opinion had now, however, changed on the subject, and he believed that the noble and learned lord opposite was the solitary opponent in that house of such a measure. When the sub ject was brought forward by the real property commission ers in 1830, it met with very general opposition, and a large majority of the select committee appointed to consider the question were decidedly opposed to it ; but, after having sat for about six weeks, an almost perfect unanimity pre vailed with reference to the desirableness of such a mea sure. He believed, also, that with the solitary exception of country solicitors, the whole country was favourable to the plan of registration. The noble earl had referred to the opinions of the landed interest on the subject. That interest, he presumed, was well represented in their lord ship's house, and a majority of those who constituted the select committee on "burdens on land" were even Protec tionists. (A laugh.) That committee, however, which was called upon to enter into the whole question of the burdens on land, reported that it found the most intolerable burden to be that of the expense of the transfer of real property, and the committee wisely thought that one mode of remov ing this burden would be by a system of registration. (Hear.) The noble and learned lord was quite correct in saying that registration would not in the first instance lessen the expense of the transfer of landed property. At present, however, every one knew that the greatest expense connected with the transfer of land arose from the necessity of ascertaining whether the vendor really possessed the interest in the estate which he professed to sell. After a plan of registration had been in operation for a few years there would be an end to this uncertainty and consequent expense. Registration of deeds was not to be considered as a final measure ; It was, in fact, only the beginning of a new and improved system. He trusted that his noble and learned friend would employ his great learning, -experience, and talent while he had leisure—he could not tell how long that opportunity might be afforded him—(a laugh) —among other matters, to shortening the length of deeds, simplifying terms and forms of insurance, improving the forms of lease and re-lease, and many other things which he might mention, and amalgamate them ail in one short and simple mode, by which land could be transferred from one pe rson t o another without great ex pense, and by doing all this he would confer additional lustre on his name. (Cheers.) With respect to the work ing of a system of registration. he might say that it had been found to work well in Scotland ; it was employed in all our colonies ; and there certainly appeared no reason for supposing that it would not be found to work equally as well in England. With reference to the proposed digest of the statute law, the noble and learned lord on the woolsack had certainly an arduous task before him. No possible ob jection could be made to such a work; until, however, the whole was completed, no part should be allowed to come into operation ; and when it was entirely completed, and laid before the house, it would undoubtedly be a noble achieve ment. (Hear, hear.) There were great difficulties in the way of carrying out the digest ; he might allude for in stance to the law of treason, from the 25th Edward 111. down to the late Treason Felony Act. Again, any attempt to digest the laws relating to the election and confirmation of bishops would probably set the whole country in a blaze. (Laughter.) He concluded by wishing his noble and learned friend ample success in the noble career which he had marked out for himself. (Cheers.) The bill was then read a first time. SIR CHARLES WOOD AND THE FRENCH EMPIRE. The Marquis of CLANRICARDE, in accordance with the notice given by him on a previous occasion, rose to ask whether her Majesty's Government had any objection to lay upon the table copies of the communications between the British and French Governments respecting the estab lishment of the French empire. The noble marquis stated that, had he been aware, when ho gave notice of his inten tion to put the question, that a notice of a question on the same subject had been given in the House of Commons, he should have postponed his notice, in the hope that the ex planations which might be made in the other house would have been sufficient. Having taken that course, however, he felt it incumbent on him to ask for some explanation of the views of her Majesty's Government regarding the extraordi nary proceedings to which he then alluded—the speech lately made by his right hon. friend the President of the Board of Control. The question in his mind was, not whether an indi vidual Minister might have committed an indiscretion, or uttered hastily words or phrases without due reflection, but whether the Government of this country and the Go vernment of France continued to hold the same cordial amity and friendship which they had recently.believed ex isted between them, and which friendship and cordiality he believed, in the present circumstances of the world, were the surest guarantee of continued peace. (Cheers.) He did not wish to attribute more importance to the speech of any individual Minister than was necessary, but it was utterly impossible to say that a speech of a Cabinet Minis ter was at any time without importance ; and, unfortun ately, the speech to which he had alluded had been circu lated throughout the whole of the kingdom, and had also been circulated, he regretted to say, abroad, and within his own knowledge he knew that great attention had been attracted to the speech in Paris. He thought that, impor tance having been given by the public to those expres sions, it was most desirable that the house should have an explanation from ifie Government of the terms upon which they wished to continue with the Go vernment of France. However unwilling they might bo to attach undue importance to the words of an in dividual, he could not for ono subscribe to the doc trine which he had heard and seen advanced, that a Cabinet Minister, a confidential servant of the Crown, was not bound to exercise more discretion in his language to the public than a person upon whom no such responsibility was placed—(hear). Indeed, he thought it was the very reverse, because upon many important occasions the views of the Government upon coming events had been given to the people of this country in the shape of addresses to electors. It was impossible for any man to deny that in former and even in later years, words dropped from the lips of Cabinet Ministers had exercised a most important effect upon public interests. No one could be conversant with the history of the late war, its continuance, or partial cessation, without understanding that expressions published in France and in this country had had the greatest effect upon the continua tion of the war and the difficulty of its final settlement — (hear). Their lordships could not but remember that only last year, upon both sides of the house, great importance was attached by leading men to articles in the newspapers, and to phrases which were then said to have been most improper.. He contended, however, that articles which appeared in the newspapers were entirely different from expressions ut tered with the responsibility of persons holding high posi tions in the Government of the country. It was impossible for any Government of this country ever to be held respon sible for what might arise in that free discussion which, thank God, they had ever been enabled to preserve—(hear, hear). He had no wish to repeat the particular words of the speech to which he had alluded, nor to inquire into the justice of the strictures which might or might not have been made. He wished, however, to know whether it was with the sanction of the Government that any strictures of the kind he had referred to had been made. If the Government were anxious to maintain the dignity, the honour, and the credit of their lordships' house, they must take care that their own honour and dignity were kept un sullied. It was necessary that they should be cautious and sincere in the professions which they held out to the world, and that they should take care not to wound the dignity, character, or feelings of those towards whom they professed feelings of friendship and amity. (Hear, hear.) He be lieved that, so far as the personal feelings of the members of the Government were concerned, there was a desire to maintain feelings of amity towards the ruler and people of France. (Hear, hear.) It was with the confident hope of receiving an explanation of the opinions of the Government that he had then ventured to bring the subject under the notice of their lordships. With respect to the particular papers for the production of which he asked, he appre hended there amid be no difficulty in laying them upon the table. He was of course entirely in the hands of the Go vernment with reference to the matter. But, as the noble earl who lately held the seals of the Foreign-office had in formed the house, early last December, that communica tions had been received from France with reference. to the establishment of the French empire, and that her Majesty , had speedily and without difficulty recognised the em pire, he presumed those communications had been reduced to writing, either in the shape of notes between the two Governments, or recorded in dispatches to or from the British ambassador at Paris. If there were any reason why any part of those dispatches, or the whole of them, should not be produced, of course the noble earl at the head of the Government would decline to produce them. If, however, as he apprehended, those communications would be found to exhibit merely expressions upon both sides or cordial goodwill and good understanding, these could be no harm in their being produced. He trusted, however, that their lordships would receive an assurance from the Government that nothing had occurred since that period to lead to a cessation of that cordial and sincere alliance which the noble earl informed the house then existed. (Hear, hear.) The Earl of ABERDEEN, in reply to the noble marquis, said—l trust, my lords, that it is not necessary for me to give an assurance of the earnest desire entertained by her Majesty's Government to cultivate the most intimate rela tions of friendship and alliance with the French Govern ment, or to state our opinion that so long as the policy of France is a policy of peace and friendship, neither we, nor any other state, have any sort of right to interfere in the internal concerns of that country—(hear)—with their form of Government, or with the dynasty which the French peo ple may please to choose. (Hear.) I am happy, in answer to ' the question of the noble marquis, to assure your lordships that the best possible understanding continues unbroken between the Governments of the two countries, nor is there anything which could appear in the least degree likely to endanger or diminish the cordiality of that good understanding, and I will venture to say that no person is more eager to maintain this good understanding in its full integrity than my right honourable friend to whose speech Vie noble marquis has just alluded. The noble marquis has neglected or omitted to describe the circumstances under which that speech was delivered. It was a speech made by the right hon. gentleman to his constituents, and with a freedom of expression which, perhaps, might have been employed inadvertantly, and in which he used terms which he would not have employed had he been addressing the House of Commons. lam sure the noble marquis will recollect the circumstances under which these expressions were used. The right honourable baronet was addressing his constituents, and arguing against the wish which would seem to have existed among some of them in favour of universal suffrage and vote by ballot. In doing so he pointed out—and had it not been for the freedom of expression which I dare say he regrets as much as I must regret it—an argu ment, which, whether good or bad, was still a perfectly legitimate one—that the existence of universal suffrage and vote by ballot had not prevented a state of things, and a state of law in France, especially as affecting the freedom of the press, which we should very much deprecate seeing established in this country. That is the substance of the statement of the right hon. baronet. In that I see not much to complain of, nor anything to which any man can possibly object. With respect to the spirit in which the right hon. baronet spoke, I am assured by him that he " can state with the utmost sincerity that nothing could be furtber from his intention than to use any word which • could be considered as offensive to the Emperor, and re ' grets that any expression should have fallen from him upon that occasion upon which such an interpretation could have been placed. (Hear.) Now, although I admit that the expressions are not so respectful as might have been used towards the sovereign of a friendly state, yet still the substance of the argument was such as I have stated, and which he was perfectly justified in using. The right hon. baronet having expressed his regret that any interpretation should have been placed upon expressions used inadver tently by him, upon such an occasion as that of addressing his constituents, I think the noble marquis will agree with me in the propriety of taking no further notice of the matter. The more important part of the address of the noble marquis was that in which he expressed an opinion that the effect of the speech to which he had alluded had been to throw some doubt upon the continuance of those amicable relations with France which he wishes to see continued. I hope I have upon that subject satisfied the noble marquis, and completely set his mind at rest ; and he may rest assured that nothing has occurred to interrupt in the least degree the friendly relations of the two coun tries. (Hear, hear.) With reference to the production of the correspondence on the recognition of the French Government, I think, although there might be some por tions of that correspondence produced without objection, that it would be inconvenient to lay so much before the house as would be necessary to lead to a correct under standing of the subject. I think, therefore, that it will be more expedient for the noble marquis not to press further for the production of the papers in question. The Marquis of CLANR:CARDE was understood to ex press his assent, and the subject chopped. Lord REDESDALE having brought up some reports on the subject of the standing orders, their lordships ad journed. HOUSE OF COMMONS—(YESTERDAY.) The SPEAKER took the chair at 10 minutes to four o'clock. MEW MEMBERS. Sir J. YOUNG, Chief Secretary for Ireland, and Lord ALFRED PAGET, Clerk-Marshal, took the oaths and their seats on their re-election, the former for Cavan and the latter for Lichfield. Sir J. TROLLOPE brought up the report of the general committee of elections, appointing election com mittees to sit as follow :—March I—Wigtown boroughs, Hull, Gloucester city, Derby borough. March 2 Rye, Huddersfield. PETITIONS. Mr. M. GIBSON presented a petition from artists complaining of the treatment of pictures in the Nitional Gallery. Petitions were also presented by Mr. M. GIBSON and Mr. HAYWOOD, in favour of County Financial Boards. Mr. BLACKETT presented a petition from coal mer chants in the port of London, against any addition being made to the London Bridge Approaches Fund. Petitions were presented by Mr. BRIGHT and Mr. HUME, praying for redress against certain abuses in the Government of India. Mr. HUME presented five petitions from Montrose and other places in Scotland, against the amalgamation of the Scottish Midland with the Aberdeen Railway. METROPOLITAN POLICE. On the motion of Lord D. STUART, a return was ordered of the number of police officers charged with offences before the magistrates in the years 1849 and 1850 • ELECTION PETITIONS. The SPEAKER informed the house that he had re ceived notice that the petitioners did not intend to pro ceed in the following cases, viz. :- -Cork, Middfolk. lesex, Norwich, Youghal, Co unt y Down, and West Nor THE TRUCK SYSTEM. Mr. e. FORSTER wished to ask the Secretary on of State for the Home De p artment, whether, in cse quence of the report of the inquiring into fore nqui tentionring into the operation of the truck system, it is th of the Government to introduce any measure on that subject in the course of the present session ? Lord PALMERSTON said he had not yet been able to give any attention to the subject, but he certainly should feel it to be his duty to look into it in the course of the present session, and if any fresh legislation was found to be necessary, a bill would be brought in. SIR C. WOOD AND THE EMPEROR OF FRANCE. Mr. DISRAELI had given notice of his intention to put a question to the right hon. gentleman the Presi dent of the Board of Control • but, as the right hon. gentleman was unable to attend, he would postpone his question if it would be more convenient to the Govern. ment that he should do so. Lord J. RUSSE LL said his right hon. friend was un able to attend th rou g h indisposition ; but as the right ven hon gen tleman opposite had gi n otice of his question roceed with it at for to-night, perhaps h e had better p once. (Hear, hear.) Mr. DISRAELI said it would be his duty then to call the attention of the house to a paragraph which ap peared in a speech which the right hon. gentleman, the President of the Board of Contro l, assing in review the had delivered to his const i tuen ts at Halifax, while p foreign affairs of Europe. In speaking of the conduct and motives of the Emperor of the French, the right lion. gentleman u sed these words :—" Take our nearest neighbours, Such a despotism never prevailed ill France, even in the time of Napoleon the First—the press gagged —liberty suppressed-- man allowed to speak his opinion—the neighbouring country of Belgium forced to gag her press—no press in Europe free but And hence his which, thank God , lie cannot gag. hatred of our press, quiretha alone dares to speak the truth." He wished to inq whether this was an ac- curate and fair report of the sentiments expressed by the right hon. gentleman ? (Hear.) Lord J. RUSSELL said after what occurred the other night he felt it to be his duty to call upon his right hon. friend and to state to him the notice which had been given. Now it was necessary for him, before men tioning the result of that interview, that the speech of his right honourable friend was not a speech upon our foreign relations, but it was a speech to his consti tuents at Halifax, in which he endeavoured to show the advantage of Parliamentary reform when contrasted with the effects of universal suffrage. (Hear, hear.) There was a greater difference then between using the state of France as an argument in such a case as that, than in dealing with it in a speech expressly directed to a consideration of our foreign relations. (Hear, hear, hear.) However, in a let ter which he had received from his right hon. friend, he found these words, "I am sorry to learn that expressions reported to have been used by me while addressing my constitutents, should have been understood in such a sense as to be offensive to the Emperor of the French. I can't pre tend to say whether' did or did not use the particular words attributed to me, but it is possible that, speaking, as I was, without any premeditation, such expressions may have escaped me, while I was contrasting the benefits of our political system, as compared with the re sult of the events of the last three years in France, which I thought tended to show that the adop tion of universal suffrage was likely to lead to the esta blishment of arbitary power." So that his right hon. friend expressed no opinion upon the conduct of the Em peror himself, and he had yet to learn that even an English minister was to be precluded from noticing the events that were passing around him. (Hear.) The letter concluded—" I can say with the utmost certainty that nothing was further from my intention than to use any word which could be considered offensive to the Emperor of the French, and I regret that any expres sion should have fallen from me that could lead to so erroneous an impression." (Hear, hear.) FRANCE AND ENGLAND. Mr. COBDEN wished to put a question to the noble lord upon a subject of some interest at the present mo ment ; but before he did so, he must take leave to quote some extracts from a letter which appeared in the Times newspaper of Saturday, and which bore the signature of a Peer. The hon. gentleman then read the following portions of the letter, which was signed by the name of Lord Mount Edgcombe :—" Peculiar circumstances have enabled me to obtain information, which cannot be doubted, upon important points bearing upon these questions ; but before referring to it, I would state that I have lived in France, have been on terms of intimacy with many Frenchmen, and have lost no opportunity of making myself acquainted with the state of public feel ing. I never met the man who, if pressed, did not ad mit that no conviction as to what their interest might be could prevent the longing desire to have their revenge for the events of the last war. I would defy even any Frenchman to assert that the force which they were known to possess last year was not amply sufficient for any purpose which France could require, excepting for that of an invasion of our possessions." He says, " I therefore contend that every additional ship to that great, force --they have now more sailors in their pay than we have, without our vast colonial empire—is an additional proof that they do contemplate a descent on our shores. I have received positive information, which cannot be doubted, that they are now striving to the very utmost to increase their naval force in every manner, and that arrangements have been officially decided upon to con tinue year after year similar exertions. I cannot give my authority, but trust that I shall be believed when I say that this information may be most thoroughly relied upon." And at the conclusion of the noble lord's letter he says, "I repeat that the information I have received, of preparations which can only be made for aggression, may be relied on." The question which the hon. mem ber wished to ask was, whether the British Government had had any communication with the Government of France upon the subject of the increased naval pre parations which were alleged to be going on in that country ? (Hear, hear.) Lord JOHN RUSSELL said, with respect to the ques that, althoughtionwhiehhis it was tru e hon.friend thhadapt theut to Government ohim,hehad to state of France had thought it right both to increase and im prove their naval means, yet that increase and that improvement which had been going on was not at all of such a character as to render it necessary for her Ma jesty's Government either to remonstrate or to seek for information on the subject. (Cheers.) He had only to add that the relations subsisting between the two coun tries were of the most amicable description, and partied larly with regard to the general affairs of Europe they were both of one mind. (Cheers.) With regard to any information which the noble lord to whom his honourable friend had referred had received, he cer tainly was in most profound ignorance as to its nature, and he was satisfied of this that the Government has just as good a source of information as the noble lord. (Hear, and a laugh.) But he certainly had no such information as that which the noble lord alluded to. But, however well informed the noble lord might be of what was doing in the French ports, the noble lord was very ill informed indeed with respect to what had passed in his (Lord John Russell's) house. The state ment which the noble lord gave of what h a d passed in his house was wholly incorrect, and therefore he did not attach quite so much value as his hon. friend seemed to do to the other statements of the noble lord. (Hear, hear.) There were some peers whose authority was not much to be relied upon. (Hear, and laughter.)l PROVOST OF ETON. In reply to Mr. PHINN, Lord PALMERSTON stated the Provost of Eton was elected on the nomination of the Crown. THE MILITIA. Mr. HINDLEY wished to know if the noble lord at the head - of the Home Department, had had his attention called to the proceedings which were being taken against men who distributed bills complaining of the enrollment of the militia. Lord PALMERSTON replied in the negative ; but, certainly, any persons impeding her Majesty in obtain ing means of defence, deserve to be punished by any law that was applicable to the offence. SAVINGS BANKS. In reply to Mr. H. HERBERT, The CHANCELLOR of the EXCHEQUER stated that it was his opinion that the existing law affecting e h M eome neLrEaorbni important dfr F htLphtsi a oochi si E rthl vd i thni BOARD teth.,h, Savings Banks required alteration, and he should turn his attention to the subject with a view to legislation. AGRICULTURAL STATISTICS. In reply herNeraapamlEnEgi d t tomße o ctotsteiAveß, whole moa dFot q LhH u eE e Eh s s tio L n ooThußr o Ht oB agriculturalplfrLo erLsigoing oei.ng Mr. CARDWELL stated that the mode of taking the statistics was undergoing the careful attention of the department tai c anntod r soe n inlrGiicommittee joE v hem wase ciue sti Government og question d whicht that atw was s r a e s s ai p nb o ov n ioi s lt i v b et l do e in this bill, for during the last ten months the provi sional orders issued by the Board of Health had been wholly inoperative, the parties to whom they were sent not being unable to comprehend, but unable to make any use of them. Thera were not ten members in the old Parliament, and certainly not one of the new mem bers who understood the question, unless the Health of Towns Act had been applied to their own towns, and even then they would be in doubt as to the real meaninc , of its provisions. H e t h ought that a bill of this kind ' , confirming the provisional orders of the board, should not be passed until the ratepayers of towns and the members of the house were in possession of these orders. A total alteration of the system was absolutely required, and though he did not intend to oppose the bill on the present occasion, he hoped the First Commissioner of Works would give a promise that the whole subject would undergo revision before the act appointing the board, which shortly expired, was renewed. Sir W. MOLESWORTH said he had no wish to defend the constitution of the Board of Health. The Act of 1848 would terminate before the end of next session of Parliament, and before that period arrived he thought that a bill for the reform of the Board should be introduced in time to be properly considered and discussed. The bill then went through committee. COURTS OF COMMON LAW (IRELAND) BILL. The order of the day for going into committee on this bill was postponed until Wednesday week. LAND TAX COMMISSIONERS' NAMES BILL. On the motion for going into committee on this bill, Mr. W. WILLIAMS complained of county members having the exclusive privilege of nominating tho Com missioners, and hoped the Government would not pro ceed with the bill. Mr. HUME expressed his intention of opposing the bill, considering that the Commissioners ought to be under the control of the Chancellor of the Exchequer or some other member of the Cabinet, like other officers who were ' entrusted with power to collect the revenue of the country. At present all the assessed taxes were assessed by the commissioners, and the Government had now power to interfere in the event of their not assessing property in a fair manner. He hoped the Chancellor of the Exchequer would take the subject into his conside ration. The CHANCELLOR of the EXCHEQUER observed that the great complaint appeared to be, inequality o f taxation ; and as the hon. member's opinion was always entitled to considerable weight, he desired to know whether he proposed that the Government should have power to interpose when the assessment was too low as well as when it was too high ? Mr. HUME said he wished the right of election to be vested in the Charcellor of the Exchequer, who would then have power to interfere either to increase or de crease the assessment. After some observations from Sir G. PEOHELL and Mr. FREWEN, Mr. W. WILSON gave an assurance on the part of the Government that the subject should be investigated, in order to see if any practical remedy could be found for the evil. The motion for going into committee was then post poned until the 11th of April. METROPOLITAN IMPROVEMENTS BILL--RE PAYMENTS OUT OF THE CONSOLIDATED FUND. The e e h e o H u A se N w e e E nt L in o to ß c o o f m t m he itt E e x e upomEnc2Eßthuisbills.aid, that thereseelxuptliaoinnd the at which e he had of to ge bill utinto whi th ch e he Ch p a r irm opo a s n e : d s hands, to ask leave to introduce. The resolution was to this effect—" That the several sums of money which have been borrowed in pursuance of various acts of Parliament on the security o f th e l an d revenues o f th e C r own and certain other moneys c h arge d upon th e L on d on -b r idge Approaches t Fund, for th e p urposes o f me t ropo lit an improvements, shall, with the interest thereon, be chargeable upon and , made payable out of the Consolidated Fund of Great Bri tain and Ireland." And his first duty was to express his regret, that, owing to an inadve r t en ce, th e na t ure o f th e resolution was not accurately explained by the entry wilich stood on the votes, for that entry was cer t a i n ly suscep tible of the interpretation that it was intended to create a new charge on the London-bridge Approaches Fund in re gard to the coal dues levied. Now, there was no inten tion whatever to make any change, slight or serious, in the position of the Government in relation to the coal dues. The whole change proposed by this bill was purely a finan cial arrangement between one fund which formed part of the revenue of the country, and another resource of the country, namely, the Consolidated Fund, and the simple object of the bill was, by discharging . certain sums of money out of the Consolidated Fund, which was at pre sent rich enough to do so, without any inconvenience whatever, to escape froni the payment of the interest to which the land revenues of the Crown had for some time been, and were now liable, in respect of considerable sums borrowed by private parties to enable metropolitan im provements to be executed, and which money was secured by assignment, under the name of the coal dues, on the London-bridge Approaches Fund. He hoped that he had conveyed clearly to the house the general purpose of the bill, which would effect material economy with regard to the public expenditure, by avoiding the burden to which the public was subject by the continued payment of in terest ; and when the clauses and details of the bill were before them he had not the least doubt that the house would be satisfied with its object. Mr. HUME expressed a hope that the effect of the bill would not be to bring any additional charge upon the Con solidated Fund. Mr. BLACKETT said that having presented a petition that day from his constituents (Newcastle-on-Tyne) on the subject of this bill, he might say that he was satisfied that the petitioners would be ready to acquiesce in this bill pro vided he received an assurance from the right hon. gentle man that it would not add a penny more of charge to the London-bridge Approaches Fund. The CHANCELLOR of the EXCHEQUER said that his anxiety was to let the house know that there would be no additional charge placed on the London-bridge Ap proaches Fund ; but now there was anothorr alarm raised on the part of his honourable friend (Mr. Hume) with regard to the Consolidated Fund. Now, no new charge would be created upon the Consolidated Fund by this bill. On the contrary, it would in point of fact afford a real relief, and the deduction would go hereafter to ways and moans, and so would swell the Consolidated Fund. Sir HENRY WILLOUGHBY asked whether any por tion of this charge would fall upon the land revenues ; and also what would be the precise amount required to be paid out of the Consolidated Fund to effect the proposed object ? The CHANCELLOR of the EXCHEQUER said that he proposed to exonerate the land revenue entirely from any portion of this charge for the future. The operation would take time, because a portion would be liquidated at once, and a portion would require a short notice. The honourable baronet asked what would be the precise amount. In answer to that, he said that the precise amount borrowed from the various parties was 895,0001., and that the sum paid up to the present date, for interest, was about 140,0001. Putting these amounts together, they obtained 1,035,000/. ; but then there were deductions from that, partly from the sale of Crown rents, and partly on ac count of considerable sums which would be forthcoming from the produce of the coal dues, about 90,000/. • so that the sum to be advanc e d ou t o f th o Consolidated ' Fund at Present, or within the next few months, would come to about 940,0001. or 950,0001. The resolution was then agreed to and the house resumed. SHERIFFS' COURTS (SCOTLAND). The LORD ADVOCATE moved for leave to introduce a bill to facilitate procedure in the Sheriffs' Courts of Scot land, and observed that his predecessor in office had in tended to introduce a measure for the same object, but was prevented from doing so by the resignation of the late Government. He had, however, placed at his (the Lord Advocate's) disposal all the materials which he had col lected on the subject--an advantage of which he had to a considerable extent availed himself in the preparation of the present bill. He wished as briefly as possible to state to the house the object and scope of the measure. It would be a great mistake to suppose that the Sheriffs' Courts in Scotland were analogous in any material degree to the County Courts in England. Scotland was not, like England, now trying an experiment for the first time, for the administration of cheap and expeditious justice, through the medium of local tribunals. They had had Sheriffs' Courts in each county of Scotland for many cen turies ' • and after th e re b e lli on o f 174 5 those courts were placed on the footing upon which they still stood. A sheriff-depute, or acting sheriff, was appoi n t e d f rom th e bar of Scotland for each court, with the power of appoint ing a substitute to act in the county. The jurisdiction of the sheriff was unlimited as to pecuniary amount—he was also a criminal judge, and a ministerial officer; and, in fact, the functions and office of the sheriff in Scotland were necessarily bound up with the whole action and working of the legal and political machine. The system of Sheriffs' Courts was not unpopular in Scotland—he believed the reverse of that was the fact. Still abuses had crept in, and delay and expense were occasioned from three causes :—first, because the pleadings were not conducted orally, but were committed to writing ; secondly because the proofs or de positions must also be committed to writing ; and the house might easily judge what a fruitful source of expense and delay.this would give rise to ; for sometimes these proofs extended over weeks, months, and even years, whereas the p recoss of taking witnesses' evidence viva voce was a very different and much more expeditious process used indeed and thirdly, b ecause facilities were given and for appealing on mere matters of form from the she riff-substitute to the sheriff principal. To remedy these evils he proposed to deal first with tho ordinary jurisdic tion of the sheriff in cases above 501. This category in cluded questions of injunctions, and of actions to be per formed or prohibited, which might not be capable of pe cuniary estimate, but they were often very important, and he was not prepared to assert that there should not be, in regard to this class of cases, a more deliberate mode of judgment. He would next deal with cases of between 121. and 501., and then with cases under 12/. ; but in re gard to them all he proposed was, to do away entirely with written argumentative pleadings and depositions. This was, no doubt, a considerable innovation upon the practice of Scotland, but he believed it was perfectly safe and practicable. He proposed, instead of written proofs and pleadings, that in all cases the sheriff who heard the case should take a note of the evidence, and that if the judg ment should b e rev i ewed the review should proceed upon his notes ; and whenever a case was argued it should be argued orally, and the sheriff in like manner should take a note of the argument and state his judgment, and the re view should proceed only upon his notes. He did not pro pose to interfere with the office of sheriff principal, but ire would provide that in cases over 501, (looking at the importance which might attach to them), some form of oral pleading should take place before him. He proposed to introduce into the ordinary Sheriff's Court the same form of process which had been adopted in the Sessions Court under Rutherford's Act. Then, with respect to cases be low 501., the question which arose was this—whether they should be treated on the same footing as cases above that amount, or whether the small debt jurisdiction (as it was called) should extend to them. He proposed to take a medium course, and, therefore, in regard to cases between 121. and 501., he provided that a short form of summons and of defence should be adopted, and that there should be an appeal allowed to the sheriff principal without written pleadings, in the manner before -stated. An appeal to the sheriff under this bill would not cost more than half-a crown. The real point to be aimed at in a measure of this kind was, not to sacrifice any one of the great elements of justice, soundness o f d ec i s i on, economy, and expedition to the attainment: of the rest ; but to combine all three to gether, otherwise the machine would fail of its due end. He had a strong impression that many cases 'might occur between the limits of 121. and 501., with respect to which it was not at all desirable that they should do away with the safeguards now existing. In regard to cases below 121., he should leave the jurisdiction as it was at present, only allowing procurators to act in cases above W. He did not propose to make any change with respect to the office'of sheriff-substitute. The ground on which he thought that there was no reason for abolishing this office, and every reason for maintaining it, was the great advantage arising from the fact that under the present system the sheriffs were practising advocates, who were compelled to attend the supreme court while it was sitting, and that in every county you had a resident local administrator of the law, well competent, by his knowledge of its practice, to act in that capacity. He could not forget that one of the weapons most easily blunted was that of legal change. When Sir Robert Peel was in office as Homo Secretary, a rule was laid down that no man should be appointed sheriff who had any local connection with the county, which had been ad hered to since that time. He had introduced into this bill a provision with respect to removals of tenants which he thought would do away with a very great anomaly now existing. He proposed that a stamped lease should be held as a sufficient warning on a summons of ejection. He did not propose at present to make any change with respect to the salaries of the sheriffs principal, and in regard to sheriffs substitute he was not at present in a position to say any thing, not having yet had an opportunity of communicating with the Government on the subject. He trusted that the measure of which he had thus given an outline would in a great measure remove the evils at present felt, and thus confer a material boon on the people of Scotland. Mr. HUME thought part of the learned lord's statement would be received with great satisfaction—he meant that part which promised the removal of abuses, than which nothing could • be more absurd ; but he doubted much whether the people of Scotland would be content with a half measure like this, when they saw how much room there was for more important changes. Ho doubted very much whether the learned lord was right in making the distinction he proposed to establish betweenand 50/. cases. Simplification of process and lessening of costs should be the two great objects which the legislator should propose to himself. He was sorry that any defence of legal sinecures should be attempted at this time of day, and would counsel the Government to abolish the office of sheriff principal. Mr. C. BRUCE said the explanation of the Lord Advo cate had given him great satisfaction. He was quite of opinion that the useful and honourable office of sheriff principal should be maintained. Mr. CRAWFORD thought the amount of the sum in dis pute offer e d no groun d a t a ll f or es t a bli s hi ng any di st i nction in respect t o th e mo d e o f t r i a l. H e s h ou ld w i s h t o see the whole syst em o f th e cour t s i n ques ti on re d uce d t o a simple method of oral examination, and also the appellate system abolished. It was his intention, had not the present bill been introduced, 'to have proposed the appointment of a committee to inquire into the subject, and he should still reserve to himself the right of bringing in a bill if he were not satisfied with this. After a few words from Mr. DUNCAN, leave was given to bring in the bill. EXAMINER OF THE COURT OF CHANCERY. The SOLICITOR-GENERAL moved for leave to brillg in a bill to make better provision for the execution of the office of Examiner in the High Court of Chancery. On this subject a measure had been passed in the preceding session, the framers of which inadvertently omitted to provide for two points. One was, the inapplicability of the oath of office prescribed by the statute 50 Geo. 111. to the new functions devolving upon the examiner. The second was, that no qualifications were'specified as requisite in candidates for the situation, as length of service and standing, or the like. These omissions it was the object of the present bill to re medy by provisions directed to that purpose. Leave was then given. COAL DUES IN THE METROPOLIS. Sir f. SHELLEY moved that a select committee be ap pointed to inquire into the operation of the laws under which dues or taxes are levied on the introduction of coals ini,x) the metropolis and the neighbourhood, the mode of collection, and the expenditure of such dues or taxes. He b e]ieved there was no opposition to his proposal on the part (if her Majesty's Government. The CHANCELLOR of the EXCHEQUER observed that a question of vast mspitudo was involved in the pro. position. He understood the committee would have to go into the consideration of the whole acts of Parliament under which the dues in question were levied. Inasmuch as this was a close question, and the dues were mortgaged for the payment of moneys advanced on the credit of the various funds, he did not think it at all expedient that the committee should be appointed to consider the original prudence of engagements which were now to be dealt with, not according to their original prudence, but according to the public interest involved in them. Mr. H UME wished that the words of the motion should run " into the nature and operation " of the acts, which would give greater scope to its inquiries. Lord J. RUSSELL said, the honourable member for Westminster, having given notice of a particular motion, it evidently should not now be altered. He thought the word " operation " alone gave amply sufficient latitude, and that all points of real utility would be included under the motion as it now stood. Ou the part of the city of London, he had only to say that they were quite willing that inquiry should take place. The motion was then agreed to. - On the motion of Mr. BAINES, Sir John Pakington was added to the committee on criminal and destitute children. The house then adjourned at twenty minutes past seven o'clock. 111 E " UNADORNED ELOQUENCE." (From, the Weekly Dispatch.) It is now some 14 years since we first know Richard Cobden. Ho was in his counting-house in Mosely-street, Manchester, selling his 40,000 pieces of calico prints per week—" a prosperous gentleman." He had a slight, somewhat juvenescent, appearance, and did not strike the beholder with any impression save that of plain good sense, and that " concentrativeness," as the phrenologists call it, which rivets the whole thoughts and feelings on the subject in hand. Few men have altered more in ex pression and bearing. The discovery to himself of his powers, and their effect upon the world, have cleared away the youthful look, and given a certain firm self-possessed air to the man which we think would impress all men with the sense of being in the presence of a notability, and which makes you feel that no opinion is lightly formed or idly garnered by him. We think we know him thoroughly. We recollect how frequently he was urged to enter Parlia ment, and how decidedly he opposed the pressing instance of his friends. His reason was this—he said he had seen so many earnest, sincere, highminded men enter the House of Commons with the most exalted resolves and the most intrepid purposes, all sunk under the corruption or the insidious blandishments by which they were surrounded, that he could not hope to escape the contagion of the atmosphere, and would not, therefore, tempt his fate. We have, however, seen the civil Curtius leap into the gulf, and all must confess that he has proved that his diffidence was misplaced. No man who has risen so high has remained more pure. Few who have been so lavishly tempted, and so pften tried, have stood so well the various tests of the blandishments of corruption. He has grown less temporizing as he has grown older. The further he goes the more progessive he becomes. The more he mingles among, and wields the power of politics, the more uncompromising and the less " practicable" (to use the whipper-in phrase) does he show himself. 'Commanding great influence in public opinion ; he never hesitates to defy it at the call of duty. Although his whole strength lies in his popularity, to his eternal honour be it said, he never follows merely where the deniocratie spirit indicates an inclination to be led, but always endeavours to frame the tendencies of the general mind towards his own honest convictions of truth and right. No man has with more ge nerous abandonment thrown away a reputation for saga city, that he might vindicate a great principle to his con science. No man regarded as pre-eminent for a thrifty shrewdness has so scorned the applauses of the worldly and braved the ridicule of the politician, by apparent extrava gance and fanaitcism, whenever a great cause seemed to stand for a nation's hearing. With faculties and powers quite equal to " wield the fierce Democratie," and com manding not only popular ascendency, but perhaps Parliamentary majorities, he has, with his eyes open, narrowed the numbers of the " Manchester school," by what are called his "extreme opinions," and turned away millions of quondam admirers and followers with the conviction that he is an impracticable fa natic. It surprises ourselves to hear numbers of his former most enthusiastic followers inveighing against him as having taken leave of his statesmanship and com mon sense. Well, for all this, we admire the man the more. A demagogue foll o w s , does not lead the masses. Ho flatters their follies and prejudices, while Cobden defies and attacks both at the mandates of his convictions. He transfers the great spirit of Christianity from the pulpit to the platform, and insists upon quadrat ing politics by the measure of the Gospel. Nothing so enterprising, so daring, was ever undertaken by a mind es sentially practical and sagacious as this Peace Movement. One shakes oneself and rubs one's eyes to know if they have dreamt or are awake while they learn that large masses of middle-class Englishmen entertain the hope, in this day and generation, of making war ridiculous throughout Europe, and of converting public opinion everywhere to the wisdom and incumbency of general disarmament. Already have the apostles of the new religion been received with deference, almost ceremonious reverence, by many of the Courts of Europe ; and even their proffered mediation has been re spectfully considered by diplomatists. Great is truth, and it will prevail. If anything is to be accomplished, it must first of all be begun. It is a startling fact that four mil lions of the finest men [in - Europe are idle, unproductive cumberers of the ground, by vice of the jealousies and bad passions of human nature, costing at least 80,000,0001. yearly to support, and losing to society n o t less than 80,000,0001. worth of productive labour. Who will tell us that these startling facts will not sink into the minds of over-taxed and oppressed subjects; and that the insane folly of cultivating the art of human destruction and social mischief will not, sooner than we know, burst upon the convictions of mankind, linked together by rail road, steam-beat, commerce, and mutual profitable inter course, in all its hideous deformity ? If Mr. CobdeU would become Peter the Hermit for this peace movement, ho would, we are sure, meet with universal encourgement. But nothing is so dangerous as fot men to become prac tical in fanaticism. Mr. Cobden has certain defects of education, of which it would be wholesome for his mind to be cleared. He happens to have a contempt for what ever he does not know. He cannot be brought to be lieve that anything is worth having that he does not possess. He has been heard to ridicule classical acquire ments, of which he knew nothing, and merely because he really did not know in what their spirit or use con sisted. He has often shown his contempt for the study of metaphysics, when he has made th e judi c io u s griev e that he did not know something more of them. A little of that subtilty of thought which exercitation in that science imparts would have prevented him from perpetrating many somewhat jejune blunders. His thoughts on military glory are really excessively puerile. We do not hesitate to say that the grandest qualities of our moral nature are brought out in war, in a way in which they can be de veloped under no other circumstances, and that alto gether irrespective of the cause of quarrel. The absurd theory of Mr. Cobden is, that because great qualities are exhibited in war, of which, on principle, he disapproves, they are, therefore, not great. According to him, courage, constancy, self-denial, incorruptibility, serenity in mis fortune, collected hopelessness in disaster, moderation, hu manity, honesty in victory, unshaken fidelity to those who trust and depend on you, vast administrative powers, almost prescient providence, infinite fertility of resources, and godlike presence of mind—these are not grand qualities if they are used in war. Then, forsooth, we are assured that it is the cause in which qualities are exercised which determines their quality. Every day, as Mr. Cobden enters the House of Commons, he passes between the statues of Hampden and Falkland. Those men fought on opposite sides; but for the life of us we cannot say which was the greater Englishman, or the truer-hearted patriot. Was not Washington's glory of the military sort? Or, to make the very most of it, was his greatness founded on any other qualities than just on those for which Mr. Cobden seeks to depreciate the Duke of Wellington —hopefulness and con stancy in disaster—faithfulness to those from whom he de rived his power—self-denial—disdain of creature comforts— an exalted sense of duty as the first and greatest of obliga tions? The cause of the French Republicans was just— but their instruments, their chiefs, their acts were exe crable and infamous. The cause of the Pretender was bad, yet who can read the history of our rebellions, and consider the lavish heroism, the unshaken fidelity, the spotless honour, the high-souled devotion, and un hesitating self-sacrifice which marked many of the fol lowers of that forlorn cause, without thinking better of human nature, and feeling more proud that they belong to the same species ? We demur to the proposition that it is the cause which sanctifies the deed, or damns it. The judge who declares for the law he is sworn to administer, in spite of the consequences, either in the way of inflicting practical injustice, or in relieving palpable wrong, displays all the more magnanimity that he sacrifices his sense of justice to the call of duty.. The servant of the State is not to be its master. Individuals are not to be self-constituted judges either of the prudence or principle of that which is resolved upon by the great body of society, through the legitimate organs of Government. The responsibility for that resolution is not with the individual, but with the aggregate of the body politic What a subject has to do is to perform with singleness of heart and faithful self-denial the duty prescribed to him by society and by circum stances. We cannot conceive how Mr. Cobden should show such a narrow spirit in handling the military profession. Why, now, a lawyer is waging constant war with society—every litigant has declared war—policemen are engaged in an endless c ampaign with the army The strife collected int o th e one focus of armiesof?ftliene crime. is as nothingto that whi c h is diffused in individual l mischief mongers, over th e sur f ace of domestic civil society. Nay, it is, perhaps, not qu it e so certain that war itself is not as it were an outlet, invented by the instin c t s o f h uman pas _ sion, for rancour s an d malice , which, festering in the h ear t of States, in th e pi p i ng timesf of peace, may be pr o d uc ti ve of a far greater aggregate misery than overfl owe d f rom the " plumed' troop and the 3 big war that mak e am bi tion virtue." To upr oo t th e war spirit is far more efficacious than to put down its mere instrumentalities. It is a mis take to conceive that we pluck antipathy ftom the heart by merely taking off the breastplate, or putting aside great " ordnance in the field." Until we make mankind "love one another," it is in vain that we call them to turn their swords into ploughshares. We think Mr. Cobden's agita tion a clumsy way of propagating peace. ehra l p t tobuatnaont another on s y mp t oms, driving the disease, perhaps, vent less natural, and, therefore , more dangerous. W e canno t for the lif e o f us see w h y he should fasten upon bayonets and muskets, while law rages in every street, and litigation in every county. Why should a man of his good sense presume to form a House of Commons clique of crocheteers, against the convictions of the great body of the nation, to turn Out every Ministry who, in strict o b e di ence to the collective national will, an d to their own sense of responsibility for the safety of the State, seek to strengthen our defences and fortify our bulwarks? There can be nothing more Irish and less Cobden than such afolly ea rnestly entreat hi m, for his own reputation, deservedly dear to the best order of his countrymen, to " clear his head of all such nonsense." OUR RELATIONS WITH FRANCE. (From the Morning Post.) We publish in another column a new and important manifesto of the Emperor of the French, in which he again protests his earnest desire for peace, that "fruitful and honourable peace," which it is so clearly the interest of France to maintain. A This note, which appears in the Moniteur of yesterday morning, has been called forth by a rabid publication of a Legitimist writer, who publishing the earnest desire of his party, and boldly advocating the policy urged by the Assemblee Nationale, Univers, Union, and other Legiti mist, Jesuit, and Orleanist newspapers, has called upon Louis Napoleon to crush England by invasion, and that quickly—" C'est en galopant qu'il fact marcher sur says he, and then, seizing the gold at the Bank and the stores in our arsenals, and liberating a people of slaives from the oppression of a cruel aristo cracy, h e purposes to J restore England to her just position in the wo TA" rla h don being a French sub-prefecture, and , the Beitis islands enjoying a benign protection, and fiourishinege more or less under the soft influence of the Pea Society. e Such ar e th e w i s h es of th e "Old Parties,"as eased in the pages of the Legitimist, M. Ferdinand B illot—n ; the pages of th e P r in ce de Joinville, and in many s broad sheet of the factious press. Such wi s h es an d suc h i nten ti ons are denounced by t he . Moniteur i n th e strongest terms. Its silence w ould tree; the write r with deserved contempt, were A not that he and others might attribute the silence to a wrong The old factions are weary of eace. Revolution any home or war abroad is their only hope. Louis NaPel e : s has chained down the one. Then, their only chan ce ' e in stirring up the other. Shortsighted, they calculate rapidly upon what thei too hastily conclude to be solid facts. First, theY sume, France hates England. Let us stir up that fee Ent provoked, be ing. Second, they imaeine, if war with El' provoked, France will be damaged and Napoleon Inal motive: fall. Or Napoleon may discountenance war, and for s: continually doing, will lose his popularity, an d be r garded as unworthy of his name. They are mistaken. accurate as he is bold in lt haipspreeahrasuctheeonErnthPeer:ernsige as France, and in appealing to h er i n t e rests and those Europe, as the basis of general prosperity and Pe ac tsee When we see such efforts as these on the par t f e l re old factions, it takes away any regret at the e"i see strained condition of the French pr e ss —that is , n , bei . e , Parisian press—for Paris is the focus of faction. - 1- " ocs . " anonymous calumny." there " sanguinary P ro long, tions," placard the walls, or are whispered in the l e o While these remnants of dying discord flicker an d ha - s $ on the altars of mischief, we are not surprised t“ larger measure of liberty is not allowed to the Pre ne nce s In our own country, whenever riots and disturbe...„, of much less social magnitude have threatened the i> w io e, dom, our Legislature has at once enacted the susP el d i : o f of the Habeas Corpus Act, and placed in the ban p re the Executive that very po wer which the Freneharrest peror holds, and exercised th e o th e r day, by th e h s to of some of the Legitimists, w h o ar e to be brag , trial on the accusation of " anonymous &ulna" spreading seditious news, and other charges. In our own country, we have seen such thing-' ago, when we recollect what France was but two rai l ed so and the terrors of the fut ure w hi c h th en threate n s 'er fearfully show n i n th e d ar k d ee d s o f t h e Socialist Woos gents of December, 1851, we cannot be surPr is t l idieg she still requi res t o be guided by a firm hand W " - large power. - We Were the French press again free to-ixor r° ';' be' should see what we have already seen. The Ine s ", a ente' minable and incendiary articles from all parties; ' ne n - T el domestic strife and foreign disturbance. The tYr e m n. ; o 3o malice, hatred, and all uncharitableness wen', er l e plunge the wretched country into a slough of de s kiisieei As it is, we hope for better things. French P h % n ot liberty is still in its cradle ; and, if that crad le ; r esell . strong, the child will never prosper. With a re rd e tice tative assembly and a sena t e , th ere i s a g ood fou n o rs for a strong constitution, and with the growth of Y there is promise of liberal development. e &Pl ° In the meantime, there is no doubt the Frenc o ,,P re eb are prospering. Some paperS here, when th e e ' s - etea' funds have fallen one per cent, or so, have s h - n s th e "Now comes the inevitable financial crash ;" es' funds always recover, and the crash does not cold the the budget is better th an it h as b een f or year': lore. thoroughly army and navy are re d uce d, an d th e peoeic e ;per c'estloeenghly content. S o th e E mperor cr ies, " la paix," and France acclaims both. set " Peace it is, but peace it may not always — e . se ' a re - ' seen accidents may unhappily produce division '"" 01 , th e Far be that day ! But, whilst it is good to the i s el interests which are the strong preventives of Wa r " -- de' o less 3 ,emod to provide the materials which are our fence, should it occur. Thus, with nation3l , e se secured, and commerc i al i ntercourse on the in h r s pel the neighbour sisters may look forward to a „e fet strongly . felt on ef a bo p t ea h prolongationso considerable a period, and whose blessing's ere e esol the itchings of unprofitable jealou h s e y. t r u mc sides e p et n which go sf e h t f a s Channel alreadyhdisastrousa nn e s u v b a s i s w. we t: 0 1 to b ° ot COUNTRY MARKETS. SCO weoLeCallsfll EoSoTw :—Wheat .12. ; Prices today were white,4B46,;tbooto, red, 38 8 t o 50 s ; barley, 28s to 36s ; oats, ISsto,' ~3s, ; s ' Maza,ran, 30 s t o 32 s ; middle and small, 345 t° white', 40s to 42s ; grey, 30s to 325. Ali Oa C HELMSFORD—FEB. 1 1 . , of 0 Prices to-day we •e as follow :—Wheat, white, of 32s to 58s Od, new 39s to 563; red, old 37a to 48s, n . grio'is„ s ' 44s ; barley, 25s to 278; chevalier, 30s to 3 u s 'r,so , ",to; 21s to 278; malt, 55s to 56a • chevalier 55s t° 3 - 2 s to "0 19s to 25s ; peas, partridge, 30s to Ma • white, ti32s• boiling 388 to 41s ; dun, new 29s to 3.4 s ; b a r i 'to V s ' to 34s ; Harrow ticks, 31s to '36s , M an " s ; azag 1 .44'4 1 , aullo" . iis The following is the official statement of th e ' h g o of corn, &c., received in the port of London froui t c ',. iv bov in Essex, from the 7th to the 12th Februahl clusve :—_....--- , . g t. A. " . 1 A 370 640 Colchester Harwich Leigh Malden 33 so; 8931 173 94 1359 375 12 -- ISI o 5 M-FEB. 14. Lo close of the market 1 1 8 6 Haswell ...............• ••••'l7 Kepier Grange ......... ••:i/ Lambtou ................ • ; Pensher . . ........... •" . 17 3 Russell's lietton.• ....... 1 8 $ Stewart's .. . .............. ••: 1 / 6 Heugh Hall ............ •••• 1/ Kelloe .. ............. 6 Sbuth ........... •' l 6 A Clavering Tees .... . .... ••• 1 6 " 0 Pease's West ............ ...if South Durham ....... 9 Tees . ...... ........ ••"''ls 3 Woodhouse ....... •••"'' . l l Cowpen ....... ..... $ ... Derwentwater ...... 11 Sidney's Hartley ••••'''' 55 I Sold ...........• 108. COAL MAR: Prices of Coal per ton at t: s. d. Bate's West Hartley 16 0 Longridge's W. Hartley 17 3 North Percy Hartley _l6 6 Tanfield Moor l5 0 Tanfield Moor Butes...A 15 0 Willington Hartley l6 6 Wall's End, &c. Gosforth 17 0 Harton l7 0 Hebburn l6 9 Northumberland l5 3 Riddell l7 0 Eden Main 17 6' Lambton Primrose 17 6 Belmont 17 6i Braddyll 17 6 Hetton lB Ships at market if SEABORNE MAILS. es erg rI" , (N signifies that the y ms are sent front the -en by the night-and M b the morning-dispatch.) .. l l l l lO ' - what ,1 0 101. Day when made up From port il .. '1 .., COUNTRIES. in General Post- ell' Office, London. Dispatch ~ ale a, ___.--------- sac' - - ' America(byDrit.pack)N Every Friday .... Liverpool '•• 1 6 America (by United Sts. rep' packet) ..........N F e b. 24 .. ........ LiverPn° l '" 2 6 America (by U States on f°ll 4 packet) .... • • •.. N Feb. 16 .......... SoultamPt Australia (via South- Af rol ampton) .. Ditto (via Marseill es ) N B th of March .... Dov er •• " ' li 3 Ditto (via Cape of Wed ~, , kle " IS Hope) .... P t' 16 Africa (West Coast) .. N 23 rd of the month. P lymouth ' oe„ ° ' 2 6 2. Alexandria .......... NB, 9 24, &30of m. Dover •• ' ton Fe 0 0 Alexandria.......... M 4th & 20th of mon. SoutbalnP , Ist .. Bahamas ...........M 2nd of the month Southslllo°. pillui6 Bel g iu ' n • • • • • • • • • . ..N I /a11y... , ~. Dover •",'„ • 0 fe y ' tb M 9th of the month.. • • 11 slouthanill'- Fe b 2 6 ut .. - ~„,,ton . n .„D 0 Br enos Ayres ........M 9th of the month.. Southaho th h - . 7, 0 13, Cape o e o o f f G G oo ood d H H o o p o o e .... N N 2 l o 4t o h o o f f A t p h r e I. month .. Firm" - • . '''- 3 ' Plymou th ... re ° ' 'Cape de Verde .....N 14th of the month. Plymouth • 56 4 , Ceylon (see India) Fe b il,... - Ceylon N 14th of the month 'Plyznottth,o'o' fil 16 Channel 151 et..., N m w ed & F , d seuthatliP,'„ fob' ..... on.„ r . M hd & 17th of month SeuthaMP - D, 1 6 China (see India) r o p , so .d Constantinople's... .. . N 7,8,17,21,&27 of m Dover .• • ' t( ',;, toile - Constantinople ......M 4th Ez 20th of mon. Southa n P .. l ' 41i I ont. of Europe M& N T w i ce da i ly .... _ Dover "' • go" - Egypt (see India) Feb' 1 41 16 France .. ...... M & N Twi ce d a ily... - . Dover ••„ "ten Gibraltar .... ...M 4,7, 17, 20, 27 of m. Southern' Feb 1601' Groece (see India) ;.je , ' 1 Greytown ..........M 2nd & 17th of mon. Southampton. l och, or , Hainburgh ..........N Tuesday & Friday London • . •..i o . o 3 1 1 ,,,T!' Havannah .......... ki 2nd of the month Southanw . !l e `i i. 1 0 Holland ..... ..... .. M Wednesday & Sat. London • 10 • 11 F D, / e t :i AMP fe Honda - as ..........M 17th of the month. South f India (viaSouthampt.)Al 4th & 20th of mon. Southampton ..d India (via Marseilles)M Bth& 24th of month Dover .• "•• jee4A 1.11 , 1, lonian Isles (see India) ~ „ n ow ••• e-- pp Ireland ........ M& N Twice daily .... • • '''°'•' tn° Fell', IS Lisbon ~, .„ „. „„ „ „ 32 7 , 9 , 17, & 27 of m. Southamptonham OrP . Madeira ............M 9th of the month Sou l- di .• 1 0 Madeira .......... N 23rd of the month Mole- „ e n. Malta (see India) ver ••'' ' • 2 6 i i, Malta ..............N 7,17,19,27, 30 of= D o feh', o lo Mauritius (see India) I noilln„',. l 10 oi 9 :',. Mauritius .. .. .. .. ..N 14th of the month (.I:ointliamPw- yeh . it , Mexico ............M 2nd of the month. - Dover .. . • ' yen New , Naples Grar P&L ..... .. ......k1 2d & 17th of month ......N sthlsth2sthofmon Dover ° 6 a pri f V 21 New Zea1and .......... By private ship • • Southern Various P n- •Feb, ~,„r ...• • • Feb 16 Papal States ........N sthlhth2sthofmon. I . ): ut - ham pto n u F e b. Peninsula .. .. .. szouthan iPt° el)•1 " f eh . Pet e •••• • • .. ...,.. 0 0, 0 Port Natal ..........N 14th or the month D. 7 o,. .Y .vv i rr ..: .... 0. . 0 : e f e e D D: i d T Si a c s i e ly -nv - :: :: :: :: . • :::N N 5 3t t h h1; th th2 2h 5 t th h othan i P t Venezuela ..........M 2d & 17th of month So 1 6 Van 1/lemon's Land (See ooftofmoono: Do 0 rep' ~, Australia) ... 1 West Indies .. .. .. .. M 2d& 17th of month PS BIRTHS. , wool"' OF A SOS. , J o hn S' oir On the 9th inst., at Waverley-plan e, ''' t Ou rti G. Harding. A , n .stro , ' - ' On the 11th inst at 1, Upper Gor" •, O re' square, Mrs. H. Marshall. varl r-.4 OF A BAUD/VE IL -LTA.O'h On the 11th inst., at Chester place,irbodro, the wife of Adrian de Bruyn, Esq., 86" tA i° ,t 0 MARRIED. CAP.g ii vit oruP Wrb ist JP °'i r On the 10th inst., at St. Mary ' s, -r f the - ,a e !pst ° Wilson, of Hereford-square, formerly_atherinstoto Guards and 13th Light Dragoons, to i t o vs,l I v u ric' child of Captain John Cook, of the - 1- ' " . 0 4. 5 ,1100; and Middlesex Light Infantry. '-'" J ~.h ttrO b f In to A , On the 12th inst., at St. Jarnee •s ' y „f til ° ioto ' dson - h• tho gardens, J. K. Jordan, Esq . ., g ran tor al - Jacob Jordan, to Anne Maria, (laugh Guitard, Esq. nit Jo oB 't, N. stie ll ' 0 13 DIE Wl lle nor' _liousoL. t h e ,-- , v oey On the 11th inst at Nen,sdon Nicholl, Esq., late " senior ineneY er '''' -.fp "" aged 61. On the 12th inst., at 54, aged _________/.4.0, wife of William Chapman , Eg g" * _ v 0 C j i 11; AV illlPOlrotire. A W. " .„ 7 11, 7--- -- -- - r , y061j)1, LONDON -co Tit Pu <a. of No. : Printed and Published by - 0." ,-, f oco -- ot t of 1 . 12, Strand, Printer, at Pc Sanl—tbe OP Strand, in the Precinct of the Sacisr.,.; kliddioaim, Tuesday February 15, Ipu'"