The Express.
London, England, 1863-05-29 00:00:00

NOTICE OF MOTION.

Su J. ELPHINSTONE gave notice that ou Mood►y next
Ye should oak the First Lord of the Treasury what were the
intentions al the government with respect to the Spithead
forts.

PROSECUTION OF THE REV. P. LAVFT T F

Mr. HENNESSY begged to ask whether the prosecution,
which had commenced more than twelve months ago against
the Rev. Patrick Lavelle, would be put in force by her Ma.
jestv's government'.
Mr. °HAGAN said that the prosecution was instituted
under these circumstances. Informations had been tendered
charging Mr. Lavelle with participation in a riot. The
local magistrates differed as to the taking the depositions,
mid in due course they came before him (the right hon. gen-
tleman). A bill was sent to the grand jury, who found it
against Mr. Lavelle and his brother fur riot. The case
would have been tried at the ensuing maims, but
meanwhile the brother, Mr. Francis Lavelle, died
ender very painful and melancholy circumstances, namely,
by a fall from his horse. Immediately afterwards
• representation was made by the load authorities
that is would tend to the advancement of good feeling and
kindly spirit in the neighbourhood if no further proceedings
were taken. Under these circumstances he thought he
was justified in the discontinuance of the proceedings.
(Hear, hear.)
THE PATRIOTIC FUND.

Mr. J. A. SMITH, who had given notice of him intention
to ask Ohs Under Secretary of State for War whether his
attention bad been drawn to the report of the Patriotic
Fund, and the mums of the resignation of the majority of
the members of the ladies' committee of the Royal Victoria
Patriotic Asylum, appointed in January, 1862 ; also to
aotice the admission of the late Sir G. C. Lewis, that a girl
of sixteen years of age had been flogged in that establish-
ment, sad further that the conduct of the officials who bad
committed this act was omidooed by the executive com-
mittee ; and to inquire what steps had been taken to pre-
vent the recurrence of mach practices, said that ea he un-
derstood the right hon. baronet the member for Dealt.
wieh wished to make some observations on the subject,
which he could not do that evening according to the forms
of the house, he (Mr. J. A. Smith) would ask his question
on Woodsy on going into committee of supply.
Sir J. PAKLNOTON said that the statement of the
hon. member for Chichester, which, coming ea it did tee
days alter notice, he heard with great surprise sad regret,
!educed him to ask the hon. gentleman a question. Having
himself had the honour of being one of the Royal commis.
loners for the Patriotic Fund, and also a member of the
executive committee, he had that morning attended a
meeting of the committee. The committee felt that the
hoe. gentleman had so shaped his question am to convey an
insinuation of charges against the Royal commissioners sad
the executive committee. They, therefore, wished to meet
those insinuated charges as soon as possible, and he Attie
Tight hon. -gentleman) hoped the hon. member would put
his question not later than Monday next, in order that ex-
planations might be given.
Mr. J. A. SMITH said be would ask the question as
early as the forms of the house would permit him to do so.

MR. CHURCHWAND% CONTRACT.

On the order of the day for hriaghig up the report on
IPIPPIY.

Mr. WALPOLE drew attention to the unusual and in-
convenient forme which the vote wan brought forward,
there being appended to it a statement that part of it ought
not to be applied to a particular contract, contending that
it was not only irregular bat unconstitutional Such a
farm had sever been adopted so as to interfere with the
sianle object of a vote in supply, namely, the grant of maw
which it proposed. If this form was adopted it would alter
the mistime between the mown and the house, and those
between this house and the Lords in reference to supply ;
end it 'mold allow the introduction of conditions to votes of
supply, and thus take all administrative power from the
bands of the executive. He moved the omission of the words
which had been added to the vote.

The CHANCELLOR of the EXCHEQUER said that
the motion as proposed would leave the sum in the vote
applicable to lir. Chnrclierard's contract payable to him,
in direct contravention of previous decisions of the house.
He dinned an merges of Mr. Walpole's, that questions of
policy could not he oonsidered iu committee of supply.
He believed that the principle on which committees of
supply were founded was to leave the house the
utmost freedom of discussion and coosideration in

*very shape of votes proposed. He asserted that
the proceeding was declared by the chairman el
committees to be within the competency of committee of
supply. The whole questiou was one of expediency, utility,
end public convenience, and to that Issue he wished to
bring it. This proceeding would be no precedent for any
other that was out identical with it. There was no other
course of proceeding which the government could adopt in
order to carry out a resolution of the house founded on the
report of a committee appointed to inquire into the date of
public contracts, which it had been discovered were in a
condition inconsistent with parliamentary purity. So far
so the government was renamed, they had only retried out
the solemn resolution of the house.
Lord J. MANNERS denied that Mr. Gladstone had made
oat his awe in favour of the proceeding. biunition, either
as regarded form or substance. He that the otan-
mitts° which had reported against Mr. urchward's con.
tract was appointed amidst a ckmorous accusation of whole.
sale corruption at the gement' election against Lord Derby's
government, and that DO evidence was produced before it
to justify their report. He characterised the mine of the
government as one intended only to debar Hr. Churchward
hem hie remedy in a court of law.
_ _

Mr. LINDSAY was of opinion that if Mr. Churchward
as charged with corrupt motives, certain members of
Lord Derby's government ought not to be exonerated from
a similar e6arp ; and an the committee had exonerated
those gentlemen, it was inconsistent to continue the charge
against Mr. Churehward. Even if this contract had not
existed, Mr. Chu/chimed, with his political opinion, would
have supported a tory government. He should, as there
was a doubt, give his vote for the weaker party, and sup-
port the amendment of Mr. Walpole.
Lord R. CECIL urged that the decision against Mr.
Churchward wee obtained from a committee consisting of
eight liberal and six conservatism, who voted systems.
Skelly against each other, and that the question involved
was one of good faith in reference to public contracts, and
in that issue alone it should be considered and decided.
After some observations from Sir F. KELLY, inaudible
owing to the impatience of the house, a division took plan,
by which Mr. Walpole 's amendment was negatived by 206
to 191.
TAXATION OF EXCURSION TRAINS.

The CHANCELLOR of the EXCHEQUER moved the
following resolution :—" That the exemption from duty
panted by the 9111 section of the act passed in the 7th and
Bth years of her Majesty's reign, chapter 5.5, in respect of
the conveyance of passengers by cheap trains shall not ex.
tend to any railway train which shall not be • train running
ea at leant six days of the week, or else a train marring to
or from • market town on a market day, and approved of
by the Lords of the Committee at Privy Council for Trade
and Plantations an a cheap train, for the ooeveyance of pas-
=to or from market." The object of the resolution was
excursion trains on the same footing as ordinary trains
in regard to the taxation of passengers. These excursion
trains were in the main a pluaure traffic, and he did not
think there was any valid reason for allowing them a special
exemption.
Mr. H. THOMPSON said he felt compelled to oppose the
1418011ItiOn on the_ ground that it was neither just nor wise.
Sir F. CROSSLEY said the proposition of the Chancellor
of the Exchequer would have the effect of removing ex •
CUrliOn trips altogether by reason of the withdrawal of the
exemption from taxation which they now enjoyed.
The resolution was then agreed to and ordered to be re-
ported to the home, and the home resumed.
THE LAND DRAINAGE (PROVISIONAL ORDERS)